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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 Q&As content

Q&As

What is CE marking? And when is it required?

What is CE marking?CE marking indicates that a product is compliant with EU legislation. The letters 'CE' are an abbreviation of "Conformité...

28th Sep

Q&As

What powers of entry and for what purposes does the Environment Agency have?

The Environment Agency’s powers of entry and investigation are conferred by section 108 of the Environment Act 1995 and should...

28th Sep

Q&As

Where a local housing authority has not been notified of a prohibition notice pursuant to article 31(6) of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541, does that render the prohibition notice void in the sense that it is unenforceable?

Pursuant to the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541, an enforcing authority, is required to notify the local housing authority of...

28th Sep

Q&As

Is there any guidance on the interpretation of regulation 14(3) of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 for larger properties and what is appropriate, eg the need for a separate fire escape route from a first floor where currently the only means of escape is via main staircase?

This Q&A considers the applicable guidance in respect of Article 14 of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (FSO 2005).The...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 28th Sep

Q&As

What is the definition of ‘undertaking’ under health and safety legislation—eg Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regs 1999?

In conducting our research we have focused on the definition of undertaking under health and safety legislation and case law specifically under...

28th Sep

Q&As

How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court?

Laying a complaint in the magistrates’ courtCertain proceedings before a magistrates’ court must be begun by the laying of a complaint under section...

28th Sep

Q&As

Is there a statutory definition of ‘large commercial organisation’ for the purposes of Part IIA of the Environmental Protection Act 1990, or any relevant guidance on this definition?

We assume you are referring to the determination of the appropriate person to bear responsibility for remediation under section 78F of the...

28th Sep

Q&As

On an assignment of 999-year lease of non-domestic premises, where the EPC has an energy rating of F, will the property be exempt from the requirements of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015?

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 require by 1 April 2018, all eligible properties to...

28th Sep

Q&As

Do you have guidance on specific considerations when granting an easement re underground cables to be situated in a Local Nature Reserve which is also a Site of Special Scientific Interest, Special Areas of Conservation and Special Protection Areas?

Statutory designations protect England’s terrestrial natural environment under national law and government policy. When reviewing planning...

28th Sep

Q&As

A landlord owns a building that contains several self-contained serviced residential units. Each unit is occupied under a licence and each licensee pays a licence fee for a fixed period. The council has sent a penalty notice in respect of the building for failure to manage and document the waste collection services. What guidance can the landlord look to and what is the process for appealing the notice?

What is the waste duty of care?Businesses have an obligation pursuant to section 34(1) of the Environmental Protection Act 1990 (EPA 1990) to safely...

28th Sep

Q&As

What enquirers can solicitors make to sellers when the local search confirms that there are sustainable drainage systems features within a boundary of a property?

Sustainable drainage systems (SuDs)For information about sustainable drainage systems (SuDS), what they are, why they are needed, types, implications...

28th Sep

Q&As

In the context of a purchase of a commercial property with a shared private drainage system and a septic tank: what enquiries should be asked of the seller? Should any enquiries be raised of the water company? Are there any permits or other requirements for the operation of a septic tank?

Septic tanks and small sewage treatment plants are wastewater systems for domestic sewage that are used when properties are not connected to the mains...

28th Sep

Q&As

Does the storage of large quantities of vehicles require hazardous substance consent and/or does it fall under the COMAH regime in light of the combined fuel tank capacity of the vehicles?

Hazardous substances consent (HSC)HSCs are regulated by the Planning (Hazardous Substances) Act 1990 (P(HS)A 1990), the Planning (Hazardous...

28th Sep

Q&As

If an owner owns land either side of an unregistered watercourse, can they rely on the presumption that they own up to the middle line of the watercourse and so there is nothing preventing the riparian owner from draining into the watercourse as the land is theirs (subject to having any necessary discharge consents)? What happens if a landowner only owns land on one side of the watercourse? Can they still drain into the watercourse (subject to having any necessary discharge consents) or do they need an easement from the other adjoining owner, who is presumed to own the other half of the watercourse?

Under the common law, the owner of land forming the bank of a natural watercourse has the benefit of the presumption that a landowner owns the land up...

28th Sep

Q&As

What is the definition of transportation in the context of navigation? Is there any case law on this?

Hamann v Finanzamt Hamburg-Eimsbuttel discusses what is meant by transport in the context of the Sixth Council Directive 77/388/EEC of 17 May 1977 on...

28th Sep

Q&As

Are county councils a relevant ‘drainage board’ for the purpose of serving a notice under section 25 of the Land Drainage Act 1991?

Section 25 of the Land Drainage Act 1991 (LDA 1991) provides the drainage board concerned with powers to require works for maintaining flow of...

28th Sep

Q&As

Can an appellant recover costs from the Environment Agency following a successful appeal against a waste removal notice under section 59ZB of the Environmental Protection Act 1990?

Waste removal noticeUnder section 59ZB(2) of the Environmental Protection Act 1990 (EPA 1990), the Environment Agency (EA), Natural Resources Wales...

28th Sep

Q&As

Is there any case law or guidance, other than the cases of Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as guidance published by the ICO, that provides further guidance as to what constitutes ‘control’ in the definition of public authority in the Environmental Information Regulations 2004, s 2(2)(d)?

This Q&A refers to ICO guidance on public authorities under the Environment Information Regulations 2004, SI 2004/3391 (EIR 2004).In addition to the...

28th Sep

Q&As