What is the main legislation for contaminated land?
Environmental Protection Act 1990
What is contamination?
Land which contains substances that causes significant harm or lead to the pollution of controlled waters.
Who is responsible for contaminated land?
The polluter or the land owner.
What forms of contamination are you aware of?
- Oil’s / chemicals
- Heavy metals
- Radon
- Asbestos
- Japanese knotweed
What are the signs of contamination you should look out for?
- Previous use of the site
- Evidence of oil spillage
- Demolition of buildings containing contaminated materials
What guidance has the RICS offered on Contamination?
RICS Guidance Note on Contamination, the Environment and Sustainability 2010
What are the 3 stages to investigating contamination?
- Desktop study to assess history of the site and likely cause of contamination
- Obtain a specialist survey
- Remediation report with recommendations to remove or mitigate contamination
What would you do if you suspected contamination?
Recommend a specialist report.
What approach should be taken if you’re instructed to value a site with contamination / hazardous materials?
- Do not provide advice until specialist report has been commissioned
- Caveat the advice in the report by highlighting the issue or use a special assumption
- Deduct remediation costs from site value
What does Japanese Knotweed look like?
Bamboo like stems with shovel or heart shaped leaves and creamy flowers.
How is Japanese Knotweed treated?
Treated on site with approved herbicides.
Why is Japanese Knotweed a problem with properties?
- It is an invasive plant that can break through concrete and tarmac
- Difficult to contain and costly to eradicate
What is the difference between a hazardous material and a deleterious material?
Hazardous is harmful to health, whereas a deleterious material decays with age and can cause structural defects to a building.
What are some examples of Hazardous materials?
- Asbestos
2. Radon gas
What are some examples of Deleterious materials?
- High Alumia Cement (corrodes steel)
2. Mundic
What guidance has the RICS issued on Japanese Knotweed?
RICS Information Paper on Japanese Knotweed and Residential Property 2015
What are the penalties for ignoring Japanese Knotweed and allowing it to spread on to adjoining land?
- Fine of £5,000 or a maximum prison sentence of 6 months
2. Local authorities can grant a CPN and fines up to £2,500 or £20,000 for an organisation.
