The following Environment practice note Produced in partnership with ELM Law provides comprehensive and up to date legal information covering:
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several other enquiries that may be relevant to environmental and health and safety (EHS) matters.
The key environmental CPSEs are reproduced below with commentary.
'4.1 Unless apparent from the copy documents supplied, are there any covenants, restrictions, agreements, rights or informal arrangements of any kind to which the Property is subject (whether public or private and whether existing or in the course of acquisition)?'
Comment: Adverse rights affecting the Property could relate to flood defence works, sewers, infrastructure, pipelines, grazing, access rights for fracking, underground drilling, permits, tipping or remediation. See also CPSEs 4.2–4.7.
'5.1 Has anyone obtained or been refused insurance cover in respect of any defect in title to the Property, including any restrictive covenant or any lost title deed?'
Comment: If a sewage treatment plant benefits the property, check that the plant has the necessary planning permission and building consent. Solicitors acting for the seller or buyer may need to obtain title insurance. See also CPSEs 5.2–5.3. For further information, see the Practice Note: Environmental Permitting Regulations 2016—domestic septic tanks and small sewage treatment plants.
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