Contaminated Land

Buying a Home

The Council is frequently contacted regarding contamination issues that relate to the purchase and/or sale of property.

Contamination issues may be highlighted during the purchase/sale of property in the following ways:

• Local authority land charges search
• Private search company
• By a prospective purchasers own searches
• By a new owner of a property after their purchase

Generally, the Council is only able to provide factual information it holds that relates to a site. Details of further information available from the Environmental Protection Unit regarding contamination issues is available on the Environmental Searches and Information page.

Information may also be available from other service units of the council. The last heading of this page identifies other checks you may wish to undertake with other parts of the Council who may hold useful information on development.

Local Authority Land Charges Search

Where the Council has identified a site on a land charges search, you should have received a Guidance Note providing information on the site. If you require further information regarding any of the points within the Guidance you need to write to the Environmental Protection Unit with any questions you may have.

The Council may attach two guidance notes to a local authority land charge. A standard Guidance Note 1, providing general information to those buying property and a standard Guidance Note 2, informing those buying property that the search address is within a consultation area for a site which may/is being dealt with under the contaminated land regime."

The Council will generally not charge to respond to reasonable questions raised in response to a Guidance Note provided through a land charges search. If the Council consider it necessary to charge for this information, we will contact you directly.

Private Search Company

Increasingly solicitors undertake environmental searches with private search companies. Where the private search company considers that there is a risk from contamination they will identify this within the search. Where a risk is identified by a private search a sale may be held up either because the purchaser is unable to obtain a mortgage from their bank, or they have been advised to obtain further information by their solicitor and/or surveyor.

The Council has no influence over a private search company’s conclusions and beyond providing factual information as part of a search with the Environmental Protection Unit is unable to offer advice regarding the purchase/sale of property. Your solicitor, surveyors and any other agent that may be employed, are responsible for advising you during the purchase/sale of a property.

If after following any advice and recommendations of a private search company, they still consider that a risk exists from contamination, we would recommend that you seek guidance from your solicitor/surveyor about employing an appropriately qualified environmental professional. An environmental professional should be able to advise you of how to go about demonstrating whether a contamination issue exists in relation to a property.

Further information may also be available from other service units within the Council. The last heading of this page identifies other checks you may wish to undertake with other parts of the Council that may have useful information on development.

By Prospective Purchasers Own Researches

A prospective purchaser may collect information from the Council, local studies library, etc. If as a result of this information they decide to request further information or actions before purchasing a property, you need to deal with them directly.

Again the Council is only able to provide factual information that it holds and cannot offer any direct advice on the purchase/sale of a property.

Further information may also be available from other service units within the Council. The last heading of this page identifies other checks you may wish to undertake with other parts of the Council that may have useful information on development.

By an Owner of a Property after they have Brought a Property

If after buying a property or when selling a property the owner finds that it is situated on potentially contaminated land, we would suggest that as a start readily available information be collected. Further information on Environmental Searches and Information.

You should also contact the solicitor and surveyor who carried out the purchase of your property to see whether they undertook the correct environmental checks and advised you appropriately.

If any previous potentially contaminating use is mentioned in deeds or other information associated with the property, or if the solicitor or surveyor should have been aware of a situation from local knowledge or information provided by the local authority (or other organisation), they may be at fault.

It is also possible that if someone sells a property with knowledge of a contamination issue but does not tell the purchaser (in particular where they have lied), then the person who sold the property to you may be liable.

If you consider that these circumstances apply, you may need to consider seeking professional legal advice

The Council is unable to consider using its powers to investigate potential contamination because of a property transaction. However, if harm or a significant likelihood of harm to people living within or around a property is apparent then the Council would consider investigating a property and the surrounding area. View the Council's General Contaminated Land Guidance for the Public.

Further information may also be available from other service units within the Council. The last heading of this page identifies other checks you may wish to undertake with other parts of the Council that may have useful information on development.

Other Sources of Information within the Council

Information may be available from other service units of the Council regarding the development of your property. This information may answer any queries that a purchaser or their solicitor/surveyor may have about contaminated land issues. Other service units frequently contacted include:

• Planning Authority
• Building Control
• Engineers

The Planning Authority will be able to inform you of whether a condition to deal with contaminated land issues was attached to the planning application for you property. Where a condition was attached to a planning application they should be able to tell you whether the condition was discharged by the Council and whether appropriate information was provided/is available.

You should be aware that irrespective of any involvement by the Council, the developer and their agents are ultimately responsible for contaminated land issues at a development and you should also contact them.

Building Control at the Council inspect many developments in the Borough and may be aware of the design measures incorporated into property to protect it from contamination. They may also have other information that relates to a development.

A private building control inspector might have undertaken the Building Control function for a development. Building Control at the Council will be able to inform you of whether this was the case.

The Engineers carry out a number of functions for contaminated land and may have information or knowledge in relation to a land use and how it was dealt with.