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GLOSSARY

Contaminated Land Warning Card definition

Published by a LexisNexis Environment expert

What does Contaminated Land Warning Card mean?

A warning card published by the law Society in relation to contaminated land which indicates that as a matter of best practice solicitors must consider whether contamination is an issue in every property transaction.

The Warning Card indicates that solicitors should advise clients of potential liabilities associated with contaminated land; make enquiries of the seller and statutory bodies; undertake a desktop study that reviews the site history and considers the likelihood of contamination; recommend an independent full site investigation by appropriate consultants; and consider the use of contractual protections and the use of the Part IIA Exclusion Tests.

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Land contamination—issues in property transactions

Law Society practice note on contaminated landThe Law Society issued a warning card on contaminated land in April 2002. This was replaced by a practice note in December 2014, which was reissued with minor changes on 13 April 2016. It was further updated in 2020. The practice note sets out the Law Society’s view of good practice and advises solicitors in all transactions involving property to, amongst other matters:•undertake a CON 29 and LLC1 search to ascertain whether the land has been designated by the local authority as contaminated land•undertake a desktop search of historic site uses•raise enquiries about contaminated land issues•advise clients about the liability implications•add appropriate protections if liability issues are identifiedFor further information, see the Practice Note: Land contamination—Law Society practice note on contaminated land.Extent of land contamination in England and WalesThere is no accurate record of the amount or location of contaminated land in England and Wales.The Environment Agency (EA)’s first report in 2002 on the extent of contaminated land in England, referred to estimates of...

Land contamination—Law Society practice note on contaminated land

In 2020, the Law Society issued an updated practice note on contaminated land. This Law Society practice note updates the 2016 version. Prior to this, the practice note dated 18 December 2014, replaced the Law Society's former green card warning on contaminated land.What does the practice note cover?The practice note sets out the Law Society's view of good practice in relation to contaminated land for solicitors advising on property transactions. It states that solicitors should consider whether contamination is an issue in all conveyancing transactions, and notes that land contamination may be a significant issue in certain transactions. Land is only designated as 'contaminated land' within Part IIA of the Environmental Protection Act 1990 (EPA 1990) for legal purposes if it poses an unacceptable level of risk and if it has been formally identified as contaminated land by the local authority. Land may be physically contaminated even if it is not designated as 'contaminated land' within Part IIA for legal purposes. See Practice Note: Contaminated land—definition of contaminated land.The practice...

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