Contaminated Land - next steps for residential properties 

Where we have identified a potential risk of contaminated land, this doesn't mean the property is not suitable for purchase, just that additional information is required in order to clarify the risk. In some instances we will be able to review this information free of charge and provide a Passed certificate. 

What information can we accept?

Building Warranty

• NHBC Certificate or Cover Note dated after 2000, providing the policy includes contaminated land cover;
• Premier Guarantee / LABC - providing the certificate / policy is in date and contains contaminated land cover. 

Planning department 

• Planning permission for the site where the property is located, demonstrating that contaminated land conditions were imposed;
• Plus confirmation that the relevant contaminated land conditions have been fully discharged. 

This is usually of benefit to properties built after 1995. 

Environmental Health Department or equivalent

• Written confirmation from the local authority including answers to the following:
  • Aware of the previous land use of the area (as specified in this report);
  • Whether the site has been designated 'Contaminated Land' (as defined under Part 2A of EPA 1990), the designation status of a site can also be found in your Local Authority CON29 search.

If the site has not been formally designated as Contaminated Land, we require confirmation of the following:

1. If the local authority are intending to investigate the site under this legislation;
2. The level of priority assigned to the site; and 
3. The timescale until potential investigation. 

It would be prudent to determine how many sites are on the local authorities inspection list.

What information is not suitable?

NHBC certificates which pre date 2000 / do not contain contaminated land cover / are for a different property (even if on the same development

Competitor reports

Environmental searches produced by other providers often use different datasets and methodologies when compiling their reports. They may also have additional information which has not been made available to Groundsure. Our opinion is based on our extensive expertise, ad we are unable to revise the result based on another company's opinion.

Site investigation or geotechnical reports (without confirmation from the Environmental Health Department)

The local authority is the responsible authority for dealing with contaminated land. Whilst site investigation reports are useful in understanding what may have been carried out on the site, however without it being approved by the local authority we would not know if the work was carried out correctly, and we are unable to legally rely on it. 

Local authority searches (CON29) / Local Land Charges

The local search will only include entries where a property has formally been designated as Contaminated Land under Part 2A of the Environmental Protection Act 1990. The absence of an entry does not guarantee the site is free from contamination, nor does it mean it won't meet Part 2A status in the future. 

Planning condition without discharge confirmation 

Planning conditions alone just advise what the local authority requires to be done in order for the development to be completed and signed off. Without confirmation that the relevant condition has been discharged, there is no guarantee the correct work has been completed to the standard required. 

Other information

• Building completion certificates
• CRL Alpha Insurance
• ICW insurance
• BuildAssure Insurance
• Literature / web extracts
• Solicitors opinions 

Environmental insurance

We do not accept environmental insurance as this does not remove the risk of contamination, it only protects the home owner against Part 2A designation.