In this article, we answer questions related to the background of our reports.

Environmental Risk in Law

Question: What is Part 2A of the Environmental Protection Act 1990?

Answer: A section of an Act of Parliament which provides a means of dealing with unacceptable risks posed by land contamination to human health and the environment, and enforcing authorities should seek to find and deal with such land determined as contaminated.

Question: CON29M/MEIR

Answer: Part 2A aims to identify land affected by contamination that presents an unacceptable risk in its present state. If this happens, Part 2A tries to ensure that where possible, work is carried out to ensure the land is suitable for use, making the level of risk acceptable.

Question: What is the aim of Part 2A?

Answer: Part 2A aims to identify land affected by contamination that presents an unacceptable risk in its present state. If this happens, Part 2A tries to ensure that, where possible, work is carried out to ensure the land is suitable for use, making the level of risk acceptable.

Question: When did Part 2A come into force?

Answer: In April 2000, Part 2A of the Environmental Protection Act (EPA), 1990, came into force, introducing a new regime for the regulation of contaminated land in England. It addresses the legacy of land contamination following historical land use.

Question: Why do property buyers need an environmental report?

Answer: Most mortgage lenders insist on these reports if you buy with a mortgage. For cash buyers, it's not required, but it's advised

Contaminated Land

Question: What is Contaminated Land?

Answer: Any land which appears to the local authority in whose area it is situated to be in such a condition, by of substance in, on or under the land, that:   1). Significant harm is being caused or there is a significant possibility of such harm being caused (to a receptor); or   2). Significant pollution of controlled water is being caused, or there is a significant possibility of such pollution being caused.

Question: What is the Source-pathway-receptor model?

Answer: 1. Contaminant/ Source - Present in, on or under the land in a form and quantity that poses a hazard.

2. Pathway - Route by which a receptor is or might be affected by a contaminant.

3. Receptor - Something that could be adversely affected by contaminant e.g. person, organism, ecosystem, property or controlled waters.

Question: What do I need for the overall result to be a pass?

Answer: Both the Environmental section and Flood Risk section MUST be a pass for the overall result to be a pass. These are the main modules that the mortgage lender will consider. Additional modules such as Ground Stability, Energy and Infrastructure, and Planning are offered for additional information and are considered more for the personal enjoyment of the property; they are not as detrimental to the mortgage lender.

How do our reports work? - Pass, Pass W/C, Further Action

Pass

Significant harm is not considered likely (could still be a low risk).

Pass with Considerations

We deem the section suitable for a pass, however, there is risk there which we would recommend further investigation may be required for peace of mind and additional evidence.

Further Action

The risk is high. Recommended to seek out developers’ warranties, talk to building control, contact the regulator, further site investigations, and consider insurance.

Question: What do I need for the overall result to be a pass?

Answer: Both the Environmental section and Flood Risk section MUST be a pass for the overall result to be a pass. These are the main modules that the mortgage lender will consider. Additional modules such as Ground Stability, Energy and Infrastructure, and Planning are offered for additional information and are considered more for the personal enjoyment of the property, they are not as detrimental to the mortgage lender.