Land contamination—potential liabilities
Produced in partnership with ELM Law
Land contamination—potential liabilities

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

  • Land contamination—potential liabilities
  • Brexit impact
  • Types of contaminated land liabilities
  • Planning regime
  • Contaminated land regime
  • Environmental damage regime
  • Environmental permit obligations
  • Fly-tipped waste
  • Water pollution regimes
  • Civil liability
  • 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.

Types of contaminated land liabilities

There are several types of liabilities associated with land contamination that are summarised in the table below.

Regulatory action Third party liabilities Contractual liabilities Other liabilities
Planning regime Private nuisance claims for off-site migration Landlord and tenant obligations Clean-up, investigation and monitoring costs
Contaminated land regime Public nuisance claims Indemnities in sale contracts Loss of property value
Environmental damage regulations Claims relating to negligent advice Indemnities in corporate and sale and purchase agreements