Advice on failed environmental search

Deb_154

I am in the process of buying a house and have hit an issue in that the environmental search has come back as failed due to the property falling on or within 25 meters of unknown filled land so there is contaminated land risk.

My solicitor then contacted environmental health at the local authority to see if they can advise that the property does not fall under the environmental health act and they have no intention of investigating the site (apparently the search company can then issue a pass certficate).

My problem is that the LA are unable to confirm that have no intention of investigating the site. They are still drawing up the list and my estate may be high up on the list as apparently the site was a former brick bit and they have no idea what was used to infill the brick pit early last centry. The sellers have given me the pass certificate for their purchase some years ago but my search company won't accept it. My solicitor will need to contact the mortgage company to see if they will still lend unless there is another option?

The puzzling thing is that the housing estate was built 20 years ago and many properties have been sold since.

I would appeciate and guidance on this topic as really wanted to buy this house. Thank you.

AlexMac

When our kids hit this problem (a long gone 'historic tank' shown on old maps; it turned out there used to be a fuel tank there for a heating plant for a residential home) the options were
- either to get the Council to confirm safety (as you say) but as that was going to take time and cost about fifty quid, their solicitor offered the alternative option of
- an indemnity for about twice that.

This satisfied their lender. The problem was that they (like you?) were prepared to take an infinitesimal risk of pollution, but a lender likes a clean search!

Ask your solicitor?