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Property Drop Issue 12

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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 />

Monday to Friday 9am to 5pm<br />

Saturday 10am to 1pm<br />

Dobbs & Drew<br />

<strong>Property</strong> Lawyers<br />

Thinking of Moving House?<br />

Sell your Current home for<br />

£599 inclusive<br />

Buy your New home for<br />

£899<br />

plus Stamp Duty & Land Registry fee<br />

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

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