Commercial property transactions toolkit (EHS issues)—environmental issues to consider
Produced in partnership with ELM Law
Commercial property transactions toolkit (EHS issues)—environmental issues to consider

The following Environment guidance note Produced in partnership with ELM Law provides comprehensive and up to date legal information covering:

  • Commercial property transactions toolkit (EHS issues)—environmental issues to consider
  • Brexit impact
  • Environmental issues to consider
  • Land contamination and water pollution
  • Underground storage tanks (USTs)
  • Environmental permits
  • Septic tanks
  • Landfills
  • Flooding
  • Japanese knotweed
  • more

Brexit impact

As 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 entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Environmental issues to consider

Since environmental liability concerns can delay or frustrate transactions, the parties should consider if any environmental issues need to be raised at the heads of terms stage, such as:

  1. will the seller be providing any environmental reports or asbestos surveys?

  2. does the buyer need to commission any site investigations?

  3. is there any need to transfer or apply for environmental permits?

  4. what is the agreed position for contaminated land liabilities—if the property is ‘sold with information’, will the buyer take responsibility for liabilities under the contaminated land regime only, or for ‘all liabilities and losses under environmental law’?

  5. is there any need for environmental insurance?

For a general overview of environmental issues in property transactions, see Practice Notes and Checklist:

  1. Environmental issues in property transactions—acting for a buyer

  2. Environmental issues in property transactions—acting for a seller

  3. Environmental issues in property transactions when acting for a seller—checklist