Property transactions

View Environment by content type:

Practice notes

Precedents

Q&As

News

Latest Environment News

Environment weekly highlights—21 January 2021

The following Environment news provides comprehensive and up to date legal information on Environment weekly highlights—21 January 2021

Carbon leakage needs to be addressed by UK, Sharma says

The following Energy news provides comprehensive and up to date legal information on Carbon leakage needs to be addressed by UK, Sharma says

Indirect effects—the scope of the environmental impact assessment (Finch v Surrey County Council)

The following Environment news provides comprehensive and up to date legal information on Indirect effects—the scope of the environmental impact assessment (Finch v Surrey County Council)

How to approach and interpret retained EU law—a practical guide

The following Employment news provides comprehensive and up to date legal information on How to approach and interpret retained EU law—a practical guide

Featured Environment content

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....

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...

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...

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

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...

Produced in partnership with ELM Law 12th Jan

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...

9th Nov

In-house

Practice notes

Waste types and controls—controlled waste

Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...

Produced in partnership with Doughty Street Chambers 12th Jan

Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Most recent Property transactions content

Q&As

If a sales agreement is silent as to environmental liabilities, what is the position? If an actionable nuisance comes to light after the property has been sold (such as escape of water onto neighbouring property) who is liable; (a) the party that caused the nuisance, or (b) the owner of the property at the time the nuisance is discovered? Is there a Precedent contract clause which states that the seller retains liability for actionable nuisance, if it can be shown that they caused the issue?

Position where the contract for sale is silent in relation to environmental liabilitiesIf a contract for the sale of land is silent in relation to...

22nd Jan

Q&As

Is a landowner required to provide an energy performance certificate on the grant of an option?

This Q&A raises the effect of the grant of an option and the impact it has upon owners of land under the Energy Performance of Buildings (England and...

22nd Jan

Practice notes

Riparian ownership—rights and responsibilities

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Argyll Environmental and Burges Salmon 22nd Jan

Practice notes

Environmental investigations—types of searches and investigations

Purpose of environmental searches and investigationsEnvironmental investigations are carried out for several reasons. The cost, detail and scope of an...

Produced in partnership with Argyll Environmental Ltd 20th Jan

Practice notes

Environmental investigations—phase 1 environmental audits

What is a phase 1 audit?Phase 1 environmental audits involve an independent review of an organisation’s environmental law compliance and management...

Produced in partnership with Argyll Environmental Ltd 20th Jan

Practice notes

Minimum energy efficiency standards (MEES) in the private rented sector—snapshot

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...

18th Jan

Practice notes

Unauthorised or harmful deposit, treatment or disposal of waste

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

18th Jan

Practice notes

Environmental insurance—when is it needed?

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Argyll Environmental Ltd 15th Jan

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...

Produced in partnership with ELM Law 15th Jan

Practice notes

Contaminated land—interaction with other regimes

Contaminated land'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a...

15th Jan

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...

15th Jan

Practice notes

Lease transactions toolkit—environmental issues to consider

Environmental issues to considerSince environmental liability concerns can delay or frustrate transactions, the parties should consider if any...

Produced in partnership with ELM Law 15th Jan

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...

Produced in partnership with Craig Burman of Schofield Sweeney 15th Jan

Practice notes

Local Authority Search

The Local Authority search is a search of the Local Authority’s records in respect of the property. It is made up of three forms: LLC1, CON29 and...

15th Jan

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic landlords and tenants—impact on existing and new leases

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...

15th Jan

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic property—enforcement and penalties

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...

15th Jan

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...

15th Jan

Practice notes

Standard pre-contract searches

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...

15th Jan

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic property within the scope of MEES

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...

15th Jan

Practice notes

Minimum energy efficiency standards (MEES)—prohibition on letting substandard domestic property

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...

15th Jan