Asset purchase transactions (EHS issues)—due diligence questionnaire and further enquiries
Asset purchase transactions (EHS issues)—due diligence questionnaire and further enquiries

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Asset purchase transactions (EHS issues)—due diligence questionnaire and further enquiries
  • EHS questionnaire
  • CPSE enquiries
  • Additional EHS enquiries

This Practice Note is part of the Environmental transactions asset purchase toolkit. It has been produced in partnership with ELM Law.

EHS questionnaire

The buyer’s solicitors prepare a legal due diligence questionnaire (DDQ) in the preliminary or due diligence phase. In some transactions, replies are added to the seller’s data room.

The legal DDQ should always include environment health and safety (EHS) questions. Even an office-based business will be subject to general EHS laws such as waste management duty of care, energy management and health and safety obligations.

These enquiries can be tailored for the specific transaction/type of business and added to the legal DDQ or further enquiries.

For more information, see:

  1. Precedent: Environment Health and Safety due diligence questionnaire (DDQ)—asset purchase

  2. Practice Note: Environmental due diligence—asset purchase

If the transaction involves a manufacturing business or if additional health and safety information is required, the following can be used as a checklist on health and safety issues:

  1. Precedent: Health and safety due diligence questionnaire

  2. Practice Note: Health and safety due diligence—manufacturing business

CPSE enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions.

If the target has freehold or leasehold properties, the seller’s solicitors will usually provide replies to CPSEs in the preliminary or due diligence phase:

  1. CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions