Brexit impact As 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 entered an...
Brexit impact As 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 entered an...
Brexit impact As 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 entered an...
1 Definitions Asbestos means asbestos or asbestos-containing materials of any sort whatsoever Asbestos Claim means a claim arising, at any time before the date by which...
Produced in partnership with DLA Piper UK LLP 1 The Vendor shall indemnify and keep indemnified the Purchaser against any and all Asbestos Liabilities. Asbestos...
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British...
The sale contract is usually drafted by the seller’s solicitors and may have been provided as early as the heads of terms stage. The seller and buyer’s lawyers will...
In the due diligence stage, unless the seller is providing a certificate of title, the buyer will undertake pre-contract searches and enquiries and assess the need for...
Pre-contract searches Pre-contract searches are usually carried out by the buyer’s solicitor but may be carried out by the seller’s solicitors if they are to give a...
Commercial Property Standard Enquiries (CPSE) The Commercial Property Standard Enquiries (CPSE) have become the industry-standard pre-contract enquiries for commercial...
When is environmental insurance appropriate? Environmental insurance may need to be considered in the following situations: • an environmental report identifies...
Brexit impact As 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 entered an...
Environmental rectification work post completion If an environmental report, asbestos survey or disclosures by the seller highlighted non-compliance or capital...
The majority of the completion and post-completion tasks will be undertaken by the property lawyers: • filing the Stamp Duty Land Tax returns • preparing the land...
Heads of terms The transaction will begin with agreement of the main commercial terms including details of the parties, purchase price and any specific provisions...
Buyer beware An innocent buyer can inherit significant environmental liabilities in relation to existing contamination and other environmental issues such as asbestos in...
Environmental liability transfer acting for a seller If the property has known or suspected contamination issues or if the seller has caused pollution, the seller will...
The Heat Network (Metering and Billing) Regulations 2014, SI 2014/3120 came into force on 18 December 2014 and transpose parts of the Energy Efficiency Directive...
Due diligence in contaminated land transactions Lambson Fine Chemicals Ltd v Merlion Capital Housing Ltd [2008] All ER (D) 116 (Feb) highlights the importance of...
Contaminated land 'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a specific legal term...
Brexit impact As 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 entered an...
Who may be liable? Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA...
Grant funding for contaminated land enforcement Local authorities have a statutory duty under the Environmental Protection Act 1990, Part IIA (EPA 1990) to identify...
Legal requirements There is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was completed before 2000...
The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos and make it clear...
Penalties The Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act 1974, s 15 (‘HSWA 1974’). They are an example...
What is the CRC Energy Efficiency Scheme (CRC Scheme)? The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide emissions and...
Brexit impact As 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 entered an...
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 apply. EPC...
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 apply. EPC...
