Environmental searches and investigations

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Environmental searches and investigations aim to provide a qualitative and/or quantitative risk assessment to assess potential impacts to human health, buildings and services, eco-receptors or controlled waters that may result from contamination or the operations of a business.

When are environmental searches and investigations instructed?

Environmental searches and investigations may be instructed for a variety of reasons, including:

  1. •

    to comply with the Law Society's practice notes on contaminated land and flood risk in conveyancing transactions—see Practice Notes: Land contamination—Law Society practice note on contaminated land and Flooding—Law Society practice note on flood risk

  2. •

    as a result of a condition of planning permission under the Town and Country Planning Act 1990 implemented via the National Planning Policy Framework

  3. •

    to clarify liabilities under a range of regimes and laws, for example:

    1. ◦

      the contaminated land regime set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990)

    2. ◦

      the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810 (EDR England)

    3. ◦

      the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR Wales)

    4. ◦

      the environmental permitting

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