Commercial Property Standard Enquiries (CPSE)—environmental and health and safety considerations and additional enquiries

Produced in partnership with Keith Davidson of Irwin Mitchell
Practice notes

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety considerations and additional enquiries

Produced in partnership with Keith Davidson of Irwin Mitchell

Practice notes
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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several other enquiries that may be relevant to environmental and health and safety (EHS) matters.

The key environmental CPSEs are highlighted below with commentary and suggested additional EHS enquiries.

4. Adverse rights affecting the Property

4.1

Adverse rights affecting the Property could relate to flood defence works, sewers, infrastructure, pipelines, grazing, access rights for fracking, underground drilling, permits, tipping or remediation. See also CPSEs 4.2–4.7.

5. Title policies

5.1 Defects in title

If a sewage treatment plant benefits the property, check that the plant has the necessary planning permission and building consent. Solicitors acting for the seller or buyer may need to obtain title insurance. See also CPSEs 5.2–5.3. For further information, see the Practice Note: Environmental Permitting Regulations 2016—domestic septic tanks and small sewage

Keith Davidson
Keith Davidson

Keith is a Partner at Irwin Mitchell in Manchester specialising in environmental transaction advice and corporate climate action.
 
Keith is dual qualified in England / Wales and N.Ireland and is a former Environment Commissioner for Greater Manchester.
 
His practice areas include contaminated land, brownfield development, environmental insurance, ESG and carbon literacy training. He provides EHS and ESG transactional support to 20 other law firms and has created a Net Zero Hub for clients.
 
Keith has been top ranked in Chambers and Legal 500 for the last 15 years.
 
“A leader at understanding and managing environmental liability” Chambers UK Guide

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Key definition:
Commercial Property Standard Enquiries definition
What does Commercial Property Standard Enquiries mean?

The Commercial Property Standard Enquiries (CPSEs) are a suite of industry-standard pre-contract enquiries for commercial property transactions prepared by the London Property Support Lawyers Group and endorsed by the British Property Federation, comprising enquiries before contract for common transactions and requisitions on title (known as Solicitor’s Completion Requirements or SCR).

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