- Be better prepared—updated guidance on the decontamination of buildings
- Original news
- What does the decontamination guidance cover and who is it aimed at?
- What updates have been made since the guidance was first issued (in this format) in 2011?
- Who is responsible for meeting the costs of the decontamination?
- What is the legal status of the guidance and is there any cross-over between the guidance and existing regulatory regimes?
- Paragraph 69 of the guidance confirms that where buildings are subject to existing leases which are not clear as to the division of responsibility between owner and occupier, the division of responsibilities should be clarified. What practical steps should landlords be taking to clarify responsibilities as soon as possible with existing tenants?
- Paragraph 69 confirms that in new leases the responsibilities should be clear from the outset. What additional provisions should landlords be incorporating in new leases?
- Paragraph 70 highlights multi-tenanted buildings whether mixed commercial occupancy (such as blocks or shopping centres), or mixed residential and commercial use. Are there any particular steps landlords should be taking with regard to these?
- What steps could landlords of large rental portfolios be taking in the period where current leases do not provide for division of responsibility but new leases do?
- Is there anything else arising from the updated guidance that practitioners should be aware of?
Environment analysis: Simon Tilling, partner, and Sarah Farr, associate, both at Burges Salmon’s environmental law team, outline the key points in the Cabinet Office’s updated decontamination guidance and explain the steps landlords should take as a result.
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