Environmental issues in transactions

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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Commercial Property Standard Enquiries—CPSE

The Commercial Property Standard Enquiries(CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group (LPSLG)

Anti-social behaviour—powers to close premises under the Anti-Social Behaviour, Crime and Policing Act 2014

Reform of anti-social behaviour powers (2014)The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) received Royal Assent on 13 March

Contracts for Difference (CfD)—key features

Electricity market reform (EMR)The EMR programme was developed by the government to promote investment in secure forms of capacity and affordable low

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic property—transactional issues

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

20th Oct

Practice notes

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos...

1st Oct

Practice notes

Subsidence and sinkholes

Introduction to subsidenceSubsidence occurs when the ground underneath a structure is unable to support it effectively.Many factors can trigger...

25th Sep

Practice notes

Land remediation relief

What is land remediation relief?Land remediation relief (LRR) is a relief from corporation tax for expenditure on remediating contaminated land or...

Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 25th Sep

Practice notes

Land contamination—Law Society practice note on contaminated land

On 13 April 2016, the Law Society issued an updated practice note on contaminated land. Prior to this, the practice note dated 18 December 2014,...

25th Sep

Practice notes

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

25th Sep

Practice notes

Invasive species—regulation and offences

What are invasive non-native species?Invasive Non-Native Species (INNS) are plants and animals that have been introduced to an area outside of their...

25th Sep

Practice notes

Water industry regulation—Ofwat

This Practice Note sets out the key legal issues pertaining to the Water Services Regulation Authority (Ofwat) and regulation of the water and...

25th Sep

Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...

25th Sep

Practice notes

Riparian ownership—rights and responsibilities

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

25th Sep

Practice notes

Japanese knotweed—management

Japanese knotweed was introduced to the UK in the 19th century as an ornamental garden plant. It had been used in Japan to stabilise sand banks and...

25th Sep

Practice notes

Wildlife licences

What is a wildlife licence?A wildlife licence is required to carry out any activity prohibited under wildlife legislation, including to:•kill or take...

25th Sep

Practice notes

Energy performance certificates (EPCs)—issues for commercial landlords and tenants

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

25th Sep

Practice notes

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

25th Sep

Practice notes

Invasive species and weeds—issues for property transactions

What are invasive species?‘Invasive species’ are those plants and animals that have the potential to occupy land, spread or grow in a manner that...

25th Sep

Practice notes

Nuisance—the rule in Rylands v Fletcher

Private nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. That...

25th Sep

Most recent Environmental issues in transactions content

Practice notes

Energy Savings Opportunity Scheme (ESOS)—issues for property lawyers

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

25th Sep

Practice notes

Environmental Permitting Regulations 2016—groundwater activities

Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...

25th Sep

Practice notes

Land contamination—issues in property transactions

Law Society practice note on contaminated landThe Law Society issued a warning card on contaminated land in April 2002. This was replaced by a...

25th Sep

Practice notes

Banking and finance—environmental due diligence and practical ways for lenders to mitigate environmental risks

Why are lenders concerned about environmental risk?The ever growing number of environmental laws has affected the way that lenders perceive...

25th Sep

Practice notes

Environmental issues in property transactions—acting for a buyer

Buyer bewareAn innocent buyer can inherit significant environmental liabilities in relation to land and buildings. ‘Caveat emptor’, meaning ‘let the...

25th Sep

Practice notes

Sustainable securitisations

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...

25th Sep

Practice notes

Due diligence—share and asset purchases

This Practice Note provides an overview of the purpose, nature and scope of the due diligence process that is carried out by a potential buyer prior...

25th Sep

In-house

Practice notes

Land contamination—issues in corporate (private M&A) transactions

Brexit impactAs of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Environmental due diligence—share purchase

The purpose of environmental due diligenceFor general information on share purchase, see Practice Notes: Due diligence—share and asset purchases and...

25th Sep

Practice notes

Lease transactions toolkit (environmental issues)—end of lease term stage

Landlords need to ensure that the land and buildings are returned in a satisfactory state at the end of the term.Depending on the types of activities...

25th Sep

Practice notes

Environmental damage—potential liabilities

The environmental damage regime (EDR) requires operators of activities responsible for serious environmental incidents to prevent and remedy the...

Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 25th Sep

Practice notes

Environmental consultants—selecting an environmental consultancy

Why use an environmental consultant?Environmental consultants provide expertise in a number of different areas, such as assessing environmental risk...

25th Sep

Practice notes

Control of asbestos—asbestos surveys

Legal requirementsThere is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was...

25th Sep

Practice notes

Environmental insurance—transactions

Environmental insurance is a useful way of managing environmental risks, both for operational businesses and in many transactions and development...

25th Sep

Practice notes

Land contamination—potential liabilities

Brexit impactAs of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Commercial property transactions toolkit (EHS issues)—environmental desktop searches and site investigations

Pre-contract searchesPre-contract searches are usually carried out by the buyer’s solicitor but may be carried out by the seller’s solicitors if they...

25th Sep

Practice notes

Environmental investigations—types of searches and investigations

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

25th Sep

Practice notes

Environmental civil sanctions—restoration notices

Reviewed by Professor Richard MacroryRegulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with...

25th Sep

Practice notes

Carbon issues for corporate transactions

Increased emphasis on climate change and carbon emissions reduction is affecting corporate transactions. In addition to schemes such as the EU...

25th Sep

Practice notes

Directors' duties—nature, scope, interpretation and application

Directors are the agents of a company who manage its day-to-day business and owe a number of duties to it. The Companies Act 2006 (CA 2006) codified...

25th Sep