Environmental searches and investigations

When are environmental searches and investigations instructed?

Environmental searches and investigations may be instructed for a variety of reasons, including:

1. •

   to comply with the Law Society's practice notes on contaminated land and flood risk in conveyancing transactions—see Practice Notes: Land contamination—Law Society practice note on contaminated land and Flooding—Law Society practice note on flood risk

2. •

   as a result of a condition of planning permission under the Town and Country Planning Act 1990 implemented via the National Planning Policy Framework

3. •

   to clarify liabilities under a range of regimes and laws, for example:

   1. ◦

      the contaminated land regime set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990)

   2. ◦

      the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 , SI 2015/810 (EDR England)

   3. ◦

      the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 , SI 2009/995 (EDR Wales)

   4. ◦

      the environmental