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ADVICE<br />
35<br />
Environmental Search<br />
(2 of 4 articles in a series)<br />
by Sue Drew of Dobbs & Drew<br />
When you are buying a property your lawyer will advise you of certain searches that must be<br />
carried out to protect your interests as a buyer and any interests of a mortgage lender.<br />
Searches ascertain vital information about the<br />
property being purchased. If you are buying with<br />
the aid of a mortgage the searches are compulsory;<br />
if you are buying without a mortgage searches are<br />
optional but always recommended..<br />
One of those searches is an environmental search<br />
which is a desktop check of past uses of the land being<br />
purchased in order to ascertain whether any past use<br />
is likely to have led to contamination that is therefore<br />
likely to affect the buyers use and enjoyment of the<br />
same. It does not involve a physical inspection.<br />
Under the Environmental Protection Act 1990 every<br />
local authority in England & Wales is obliged to survey<br />
the land under its jurisdiction and compile a register<br />
of sites which are found to be contaminated. The<br />
registers enable authorities to order the owner of any<br />
contaminated land to clean the land and remove any<br />
contamination.<br />
Naturally it is quite possible that the cost of such a<br />
clean up operation could run into thousands of pounds<br />
and so some councils are yet to draw up their registers.<br />
An environmental search looks at past uses of the<br />
land to try and establish whether it has ever been used<br />
for a purpose which could have contaminated the land.<br />
The search contains a lot of information but the most<br />
important aspect is the result, which will either be<br />
passed or failed. A passed result means that the searcher<br />
could not find any evidence of a past contaminative use.<br />
A fail means that the land has been used for a purpose<br />
which may have caused contamination, such as a petrol<br />
station for example.<br />
If a result has failed but evidence can be provided<br />
that a past owner of the land has taken action which<br />
was never recorded to clean up the land this can be<br />
provided to the searcher and the search updated to a<br />
passed result.<br />
A basic environmental search covers the following<br />
environmental risks:<br />
• Contaminated land assessment<br />
• Flood screen<br />
• Ground stability screen<br />
• Radon<br />
• Overhead transmission lines<br />
• Environmental constraints.<br />
Opening hours<br />
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Dobbs & Drew<br />
<strong>Property</strong> Lawyers<br />
Thinking of Moving House?<br />
Sell your Current home for<br />
£599 inclusive<br />
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Sell & Buy together for<br />
£1399<br />
plus Stamp Duty & Land Registry fee<br />
Call us Today: 01594 562239<br />
sue.drew@dobbsanddrew.co.uk lisa.dobbs@dobbsanddrew.co.uk<br />
Blue Rock House, Blue Rock Crescent, Bream, Glos, GL15 6LW<br />
www.dobbsanddrew.co.uk