Contaminated Land

markhat

Buying a flat in Oval area of London.
The standard search (by Groundsure) identified that there used to be (in the 70s) a garage on the site, and that the land could be contaminated.

The Council response confirms that the land is not registered as contaminated.

Any advice on how do there two responses relate each other? I would assume the Council provide the definitive answer?

Does the Groundsure response have any implications for getting a mortgage?

Any advice or experience much appreciated!

moneyistooshorttomention

I wouldn't be concerned about which one of them said it was contaminated personally. I would just think "What about my garden? How could I grow stuff on contaminated ground?" and wouldn't be interested any more in your position.

stator

Ask your conveyencer. It may be a problem for the mortgage, it depends on the lender. They may not like to lend money on a flat where there might be a risk of potential problems in the future. But the chances are slim, so they might not be worried about it. These types of flags come up a lot.
When was the flat built? If it was built recently yout conveyencer might be able to get details from the planning application which would confirm there was no contamination and give these details to the search company and they would then change it to a gree flag. If it was built a long time ago it's unlikely any testing was done, so it's just a small risk that would have to be accepted.

You may be able to purcahse an indemnity policy to get around the issue if the mortgage company refuses to lend.

markhat

stator wrote: »

Ask your conveyencer. It may be a problem for the mortgage, it depends on the lender. They may not like to lend money on a flat where there might be a risk of potential problems in the future. But the chances are slim, so they might not be worried about it. These types of flags come up a lot.
When was the flat built? If it was built recently yout conveyencer might be able to get details from the planning application which would confirm there was no contamination and give these details to the search company and they would then change it to a gree flag. If it was built a long time ago it's unlikely any testing was done, so it's just a small risk that would have to be accepted.

You may be able to purcahse an indemnity policy to get around the issue if the mortgage company refuses to lend.

Thanks stator. Flat build around 1985 - which I think is on the cusp of including details on planning applicito - but i will check

lxpeanut

Basically your search is showing that the site was used for a business that may cause contamination the council are only saying they havent had problems there yet. If it was a more modern build they would have had to do investigations for contamination before building. But as its been there since the 80's it unlikely they bothered to check. If it was just a garage then personally I wouldnt be too concerned as they tend to be mostly concreted anyway. A bit different to a scrap yard where there could be a lot of hydrocarbons in the soils. But that doesnt stop it being a concern to the mortgage provider who may want more information.

jonathanrolande

Get legal advice and if still concerned, your own test. However, most urban property has some previous issue – think of all those blacksmiths, tips, garages, coal merchants etc that would have inhabited the street of London in the past.

Slinky

What floor is the flat on? Do you need to be concerned about contaminated land if you're not ground floor?

davidmcn

Slinky wrote: »

What floor is the flat on? Do you need to be concerned about contaminated land if you're not ground floor?

I don't see that it makes much difference. If you end up liable for a share of the cost of remediation, or have to move out, or have trouble selling because somebody else has similar concerns. You are however safer in a flat - you might be more concerned if you had a garden and were growing your own fruit/veg - or were planning to develop the land and possibly disturb the contaminated soil.

The council register doesn't prove much, as the vast majority of contaminated sites aren't on those registers.

But I wouldn't be overly concerned about an old garage. The places with real problems have been more serious industrial uses, landfill sites, etc.

markhat

thanks for the advice guys - all sensible and helpful and appreciated. we have asked for further infor via our solicitor and will see what that turns up

markhat

benstaton

We sold our house in Kingston 10 years ago. Our buyer pulled out because there used to be a garage on the site, and the land might be contaminated.


In the end, I wound up contacting the developers of the housing estate we lived in, although it was built many years before we moved there. They were able to send me records of the extensive clean-up operation that took place before the housing estate was built, which we used to reassure the buyer. We subsequently went on to complete the sale.


Time for some detective work maybe?

princeofpounds

These days developers are required to do tests. Not sure about the situation back in the 80s but it is quite possible that there was some testing and/or remedial measures completed at the time. Looking back at the original planning records might help, your solicitor may be able to check.