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Contaminated Land

Hi, Around 2 and half months ago we put an offer on a house and decided to proceed. Got Mortgage approved as well as Searches done. One of the environmental Search result came back as "High Potential Risk" on a contaminated land. Please note the whole development is only 13years old so I assumed it must have been dealt properly.
On asking Solicitors to advise on this contamination issue, they said they have asked seller's solicitor for more details but it seems seller' solicitor has been extremely slow (may be intentionally). As 2 and half months past, and me consistently chasing no answers yet. This has given me doubts about it, although I like the property but I just wonder if it's right decision to go ahead with the purchase ? and this contamination issue, could it devalue the property and make it difficult to sell in future ? obviously i feel bad equally if I walk out from the purchase after this time ? Any thoughts/suggestions please
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 9 October 2017 at 2:36PM
    Chances are that neither the seller, nor their solicitor, will have any more information than you do.

    Do your own research into the history of the site and the possible contamation.
  • I guess the first question is "What sort of contamination?"
  • chappers
    chappers Posts: 2,988 Forumite
    If it has flagged up on the environmental search, then there must be some information in the public record.
    Check planning applications etc, was there a chemical factory or something there. Did the house originally have a warranty, such as NHBC, then check with them as usually they would have put in a requirement to clear the contamination.
    Make your own assessment and then consider taking out indemnity against the risk, maybe try and get the vendor to pay
  • chappers
    chappers Posts: 2,988 Forumite
    I guess the first question is "What sort of contamination?"

    Usually won't be that specific, sometimes it is generic, for example if you are in an ex coal mining area, then it would be common to just say that there is the possibility of contaminated land and also mining activity, even though there wasn't any specifically in the area in question.
  • eittolder
    eittolder Posts: 10 Forumite
    First Anniversary
    I had this recently on a property I purchased in Jan 2016 and Sold June 2017, when I purchased nothing flagged up but when I sold it flagged up on purchasers environmental search

    I've also had it flag up on another purchase I've just made...my solicitor suggested it's come back on lots of properties now

    My seller paid for an indemnity insurance for me to cover it, which was about £117
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    eittolder wrote: »

    My seller paid for an indemnity insurance for me to cover it, which was about £117
    Yeah like that's really gonna help when you develop a cancer, or breathing problem, or whatever, in 5 years time.......
  • The thing that always strikes me about a property that is/might be contaminated is its not suitable for anyone that grows their own food.

    I can imagine just how hard I'd "hit the ceiling" if someone told me that the organic food I've been growing in my garden (mainly to protect my health) hadnt gone "according to plan" some years down the line..:cool:

    Hence I would never knowingly buy a property with contaminated land personally.
  • chappers
    chappers Posts: 2,988 Forumite
    Exactly that happened to a friend of mines Mum about 15 years ago. The houses were built after the war and the tenants were obviously encouraged to grow their own veg. Well about 15 years ago it was discovered that the ground was contaminated, they came and dug something like 4 feet of soil out of everyones garden and the neighbouring park and replaced it with fresh.
    But as suggested earlier some of this reporting is becoming a catch all. for example if you live in a n area of historic industry.
  • k_1982
    k_1982 Posts: 7 Forumite
    First Anniversary First Post Combo Breaker
    These new properties come with a very small garden, so chances are very low that I might be growing any veg (although I love to). Which brings me to next question, how do i find out the history of the land, another detailed search etc or should I go to the council to find out ?
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 9 October 2017 at 3:19PM
    k_1982 wrote: »
    Hi, Around 2 and half months ago we put an offer on a house and decided to proceed. Got Mortgage approved as well as Searches done. One of the environmental Search result came back as "High Potential Risk" on a contaminated land. Please note the whole development is only 13years old so I assumed it must have been dealt properly.
    On asking Solicitors to advise on this contamination issue, they said they have asked seller's solicitor for more details but it seems seller' solicitor has been extremely slow (may be intentionally). As 2 and half months past, and me consistently chasing no answers yet. This has given me doubts about it, although I like the property but I just wonder if it's right decision to go ahead with the purchase ? and this contamination issue, could it devalue the property and make it difficult to sell in future ? obviously i feel bad equally if I walk out from the purchase after this time ? Any thoughts/suggestions please

    It isn't unusual to have a contamination flag on land when the searches are carried out. In my district, there are five figures of potentially contaminated land that are flagged for various reasons. It does not mean that they are contaminated at all and most will not be. Our LA says that if it's flagged but hasn't been assessed already then it isn't a major concern. A lot of houses fall within a radius of something that would never affect the land the house is on, but it just falls in the area.

    If your estate is 13 years old then the planning history for the site should be available. Major developers are usually required to submit contamination reports and soil analysis alongside their applications. That can usual dismiss the issue, but any actual issues then have to be addressed by removing an appropriate layer of soil. It is usually put into the planning approval as a condition to be discharged before building begins. I doubt that the search information is updated after that point. It probably just remains as a potential flag for future reference.

    We have that condition on our small site. I've had people out making bore holes in the last couple of weeks on our land, far deeper than any potential contamination would go. The analysis is thorough.

    You can speak to planning or land charges at your LA. Information available should be available to allay your fears faster than your vendor's solicitor can. It is highly, highly unlikely that there is any kind of problem.

    You search maps should flag where and what the potential problem could be. Often landfill - which rarely means household rubbish, can mean brick works when the Victorians would fire on site of large developments, though you never know with modern major developers :roll eyes:
    Everything that is supposed to be in heaven is already here on earth.
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