Contaminated land: due diligence, searches, risk management, and liability allocation under Environmental Protection Act 1990 Part IIA and contract (England and Wales) — checklist for property lawyers

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It is important to establish whether or not the land is or may be contaminated:

to comply with the Law Society’s practice note on contaminated land—see Practice Note: Land contamination—Law Society practice note on contaminated land;
because it could present a risk to human health; and
because a buyer may face a statutory requirement to remediate under the Environmental Protection Act 1990, Pt IIA. While Pt IIA is intended as a last-resort mechanism (with remediation far more often secured through planning conditions when contaminated land is brought forward for (re)development), if liability under Pt IIA is imposed the cost of necessary clean-up can be very significant.

The Law Society’s practice note advises that, when acting for a buyer, mortgagee or tenant, a solicitor should—unless instructed otherwise—undertake a CON 29 ‘Enquiries of local authority’ and an LLC1 ‘Requisition for local land charges search’ to establish whether the local authority has designated the land as contaminated.

The acting solicitor should also ensure that an environmental search is obtained. The type of environmental search required will depend on the property in question...

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Web page updated on 22/05/2026

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