For further guidance on how environmental issues may crop up in sales, leases, corporate transactions, real estate finance and property development, Environmental issues in transactions—overview. For further guidance on the various energy schemes in relation to buildings and renewable apparatus, see Energy and renewable apparatus in buildings—overview.
The purpose of environmental due diligence is to:
assess the risk of contaminated land liabilities
investigate other risks associated with land and buildings such as asbestos, fly-tipping, subsidence, Japanese knotweed, storage tanks and energy performance issues
identify any material non-compliance issues or threatened proceedings or claims associated with the property or target
highlight any capital expenditure requirements to comply with permits or legislation, such as works to comply with minimum energy performance standards
check if any environmental permits need to be applied for or transferred
provide recommendations to help mitigate these risks as far as possible through contractual protections, price negotiations, further investigations or environmental insurance
For further guidance, see Practice Notes:
Environmental issues in property transactions—acting for a buyer
Environmental issues in property
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