Has the property been identified as potentially contaminated?
This information is provided to help you if you suspect, or have been told, that a property may be contaminated or affected by pollution.
What is contaminated land?
Part IIA of the Environmental Protection Act 1990 defines contaminated land as:
"Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:
(a) significant harm is being caused or there is a significant possibility of such harm being caused; or
(b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused."
In this context, "harm" may include damage to:
- people
- ecological systems and living organisms within protected sites or nature reserves
- property, including crops, produce, livestock, domesticated animals and wild animals that are subject to shooting or fishing rights
- buildings and other structures, including ancient monuments
Land that has previously been used for industrial activities may contain substances that could pose a risk to public health or the environment if they are not properly managed. Other possible sources of contamination include:
- infilled pits or natural cavities
- landfill sites
- pollution spillages
- mining activities
- naturally occurring contamination
How can I find out if the site is potentially contaminated?
There are a range of services available to assess whether land may be contaminated.
It is important to note that issues identified through simple online database searches, or basic desk studies often used during conveyancing, may not affect the value of a property. They may also fail to identify some potential problems.
Several types of environmental and contamination searches are available. These vary in the amount of information they provide and are supplied by different organisations. Some searches are intended for professional use.
Portsmouth City Council also provides a chargeable contaminated land search service.
A local authority search has both advantages and disadvantages. One of the main advantages is that the council's records of potentially contaminated sites are likely to be the most relevant from a legal and planning perspective.
If a potential contamination issue is identified, you should seek further professional advice. If specialist consultants are required, additional investigations can cost several hundred pounds or more.
You should also be aware that standard conveyancing surveys, including the RICS Home Survey, may not fully assess land contamination issues.
Information for conveyancing
The Law Society provides guidance for solicitors on the implications of Part IIA of the Environmental Protection Act 1990.
Solicitors should be aware of any environmental liabilities that may arise and can advise clients on whether further investigations or specialist advice may be needed.
Information about individual mortgage lender requirements can be found in the Council of Mortgage Lenders' Handbook for Conveyancers on the UK Finance website.
In general, mortgage lenders only require environmental reports where:
- local authority searches indicate that land may be contaminated, or
- a surveyor recommends further investigation
There are also warranty and insurance schemes for new homes that may provide cover for contamination issues.
For example, NHBC policies may provide cover for the cost of cleaning up contaminated land if a homeowner is served with a statutory remediation, or clean-up, notice.
Portsmouth City Council's role
Portsmouth City Council has a duty to identify contaminated land within its area and has powers to require remediation where contamination is found.
The council also maintains records relating to contaminated land, which may be available for inspection. Advice may also be available to homeowners and developers who have concerns about potential contamination.
If you are considering developing a site, you may need specific advice to meet planning and building control requirements. You should contact the council and submit any relevant site investigation reports as part of your application.
Planning guidance
The government provides planning guidance on contaminated land, including:
You can also find further information about contaminated land on:
Obtaining professional advice
If you are buying a property, you should seek advice from your solicitor about the level of reliance that can be placed on environmental reports.
More detailed reports are often more useful and may provide greater assurance if issues arise later. You may also wish to consider the insurance arrangements held by the organisations providing those reports.
About this information
This information is based on guidance produced by the Association of Geotechnical and Geoenvironmental Specialists (AGS).
The information is provided as general guidance and reflects the circumstances that applied when it was prepared. You should seek advice from solicitors and other qualified professionals where appropriate.
Although AGS has taken care to ensure the accuracy and quality of the information, it accepts no responsibility for how the information is used or for any errors or omissions within the document.