Environmental Issues
Environmental Issues
Environmental Issues
Contaminated Land
In the process of purchasing or leasing a property or land a key question is land contamination. The new Contaminated Land Regime came into force on the 1st April 2000 and the legislation provides a complex formula for determining whether the land is contaminated. It is a local authority's responsibility to determine whether or not significant harm has been caused, if there is a significant possibility of harm being caused or pollution of controlled waters is being, or is likely to be, caused. If the local authority is satisfied that the land is contaminated it may serve a notice on those responsible requiring them to clean it up. Those processes are expensive and time-consuming and have an impact on property and land values.
Clean up agreements
The current requirement is that the polluter should pay for clean up costs. It is possible that several parties who have contributed to the pollution could bear the responsibility of resolving the contamination which has been caused. These are, or can be, essentially complicated issues to resolve.
Environmental agreements
Borneos advises both developers and land owners about the new Contaminated Land Regime. This includes drafting and negotiating a wide variety of environmental monitoring and management agreements. We act in drafting and reviewing environmental appointments and collateral warranties. Limiting the scope and extent of collateral warranties is important for environmental service providers and for their insurers. We have created standard documentation for environmental monitoring units installed throughout the United Kingdom. We have acted in providing documentation for noise monitoring in connection with planning issues and major developments.
Asbestos management
On the 21st May 2004 the Control of Asbestos at Work Regulations came into force requiring the assessment of all commercial (non-domestic) premises for the presence of asbestos and for the preparation of an asbestos management plan if the assessment revealed any asbestos.
We act for one of the UK’s largest environmental consultants encompassing surveying, project management, site risk assessment, air monitoring, analysis, policy review, training and research.
As lenders in the domestic market are, through their surveyors, developing a keen interest in asbestos management in domestic and residential properties, this issue will be of increasing importance to home owners.
Land and business sales – environmental aspects
The environmental aspects of acquisitions and disposals including financial arrangements, flotations and development projects is now prominent in such transactions. Our commercial team provides services which include legal environmental due diligence and risk assessments, negotiation of environmental warranties, indemnities and other available contractual protection. We also have access to experts who can advise upon risk management measures and environmental insurance via specialist brokers.
If you would like to discuss how we might help you, please:
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call any of our office numbers listed at the bottom of this page;
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contact one of our specialists direct by clicking on their name below; or
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complete our enquiry form
Members of our team specialising in this area:
