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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 risks and liabilities content

Practice notes

Damage by tree roots

LiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated that liability is to...

25th Sep

Practice notes

Flooding—flood risk management

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

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...

25th Sep

Practice notes

Environmental prosecution and enforcement policy

Environmental enforcement principlesThree principles form the basis of environmental protection in the UK:•the preventative principle—promotes the...

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

Contaminated land—meaning of remediation

Meaning of remediation'Remediation' is given a relatively wide definition in the Environmental Protection Act 1990, Pt IIA (EPA 1990). It may involve...

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

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

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

Environmental damage—overlap with other regimes

This Practice Note looks at the overlap of the environmental damage regime (EDR) with:•the environmental permitting regime (EPR) under the...

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

Practice notes

Corporate liability for environmental offences requiring intention

What environmental offences require mens rea?While most environmental offences are characterised by strict liability, a limited category require an...

25th Sep

Practice notes

Contaminated land—enforcing authorities' power to carry out remediation work

When can enforcing authorities carry out remediation work?Enforcing authorities have power to do what is 'appropriate' by way of remediation under the...

25th Sep

Practice notes

Private nuisance—general principles

Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...

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

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...

25th Sep

Practice notes

Contaminated land—category four screening levels

What are Category 4 Screening Levels?Category 4 Screening Levels (C4SL) provide technical guidance for environmental consultants and regulators when...

25th Sep

Practice notes

Contaminated land—service of a remediation notice

What is a remediation notice?A remediation notice is a formal written notice that requires an 'appropriate person' to carry out the remediation of...

25th Sep

Practice notes

Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions

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 25th Sep

Practice notes

Environmental civil sanctions—enforcement bodies and outline of sanctions

Reviewed by Professor Richard MacroryBrexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with...

25th Sep