Environmental search and flooding risk - HELP

rebecca1

In 2004 I paid for an Environmental search to be done and flooding, both came back as Passed.
Iam selling the property and the buyers solicitors report came back as:

1) Contaminated Land Action Required
2) Flood Risk - Moderate to High

I have now been asked by my solicitor to pay £160.00 for an Environmental Indemnity Policy.

Apparently, the search spotted a garage on the site 1961/1963
which may have contained petrol! Im not sure back in 2004 why it was not a 'Risk' then and 15 years it is now!
What can I do about this as Im sure this is just another way of stinging the seller and the Insurance company making money!

Local searches I have done on flooding does not show the moderate - high risk !

As I don't want this to hold up exchange of contracts, Can anyone offer any advice to me? I would rather not pay £160.00

Thanks
Rebecca

davidmcn

rebecca1 wrote: »

Can anyone offer any advice to me?

Your solicitor should be offering advice to you, given that's what you're paying them for! Not just to relay demands by your buyers.

Your options really are that

1. you pay for it, or
2. the buyers pay for it, or
3. you split the cost, or
4. your buyers persuade themselves that they don't really need it.

What your searches said 15 years ago isn't really relevant.

Not really worthwhile jeopardising the transaction for the sake of £160 (though that argument applies to the buyers too).

daveyjp

Environmental surveys are now far more robust than they were 15 years ago.

Flooding risk changes every year depending on flooding events. We have had some horrendous flooding in the last 10 years so no surprise things have changed.

middleclassbutpoor

Check yourself here for flooding info... https://flood-map-for-planning.service.gov.uk/

rebecca1

Middleclassbutpoor
I just used your link with my postcode and it came up -
Your selected location is in flood Zone 1, an area with a low probability of flooding...yet the solicitor search stated Moderate to High makes me wonder where they are getting this information from ..
I will send a copy of this over to my solicitors.
Many thanks

pattypan4

these indemnities are the latest money making farce on a par with ppi. I have had to fork out £85 to pay for an indemnity for a bona fide improvement for which we have no paperwork. Had to do it, the buyer wanted me to pay. Naturally I will no longer leave the house as I was going to. It will be clean but nothing extra, no wine nothing. Bit by bit I will claw back a little towards that £85. Oh and I stopped weeding and now where did I put that touch up paint? oh yes, it has gone

rebecca1

Pattypan4
It does make me wonder whether it is the solicitor suggesting this and is perhaps getting a commission from the indemnity companies. I may get another environmental search done now by another company that the buyers solicitor did not use and see what the result is. It maybe less costly then the £160.00 indemnity fee.

I am struggling to see why the risk is higher 15 years down the line, I may also ask The Management Company of the block if they are aware of the Contaminated Land as they pay for the Building Insurance.

Thanks
Rebecca

Davesnave

pattypan4 wrote: »

I have had to fork out £85 to pay for an indemnity for a bona fide improvement for which we have no paperwork.

Whose fault is that? I somehow doubt if it could be the buyer's.

phill99

rebecca1 wrote: »

Pattypan4
It does make me wonder whether it is the solicitor suggesting this and is perhaps getting a commission from the indemnity companies. I may get another environmental search done now by another company that the buyers solicitor did not use and see what the result is. It maybe less costly then the £160.00 indemnity fee.

I am struggling to see why the risk is higher 15 years down the line, I may also ask The Management Company of the block if they are aware of the Contaminated Land as they pay for the Building Insurance.

Thanks
Rebecca

Solicitors don't get commission on Indemnity Policies they sell. It's classed as a conflict of interest.