environmental indemnity anyone taken this out?

Deals_2

we have been told about an environmental indemnity insurance policy. anyone know anything about these? thanks in advance.

Abloss

Hello - first post here.

I know a little about these, since I work as a professional environmental consultant.

Can you explain why you think you need it and what it's supposed to relate to? Difficult to try and help otherwise.

Thanks

Andy

Deals_2

do you have a number?

Abloss wrote: »

Hello - first post here.

I know a little about these, since I work as a professional environmental consultant.

Can you explain why you think you need it and what it's supposed to relate to? Difficult to try and help otherwise.

Thanks

Andy

Abloss

Hello Deals

Sorry, just saw your post about the landfill in the vicinity of house further down the page. I would suggest that you speak with the contaminated land officer of your local council in the first instance. They may have more detail on what the fill material used to create the golf-course comprised, also they would have statutory duty to act if they thought that such a landfill was impacting on members of the public i.e. impacting your property at all.

You can also request a written response - which may help you with your sale.

300 metres is a significant distance for any contamination to be impacting your property directly and I would imagine that any buyer pull-out would be more down to being "spooked" by the landfill being in the area than any contamination actually being near your house.

An insurance backed solution would be a way forward if it eased your house-sale through, but to me it sounds as though you would really be buying insurance to cover a risk that doesn't exist.

Have a chat with the council first though and see if you can get something from them that would put buyers at ease first though. That is the cheapest the first option.

All the best

Andy

Deals_2

thanks everso for your response. We have now spoken to the ex buyers and they say that he is very interested still if we can show that the nursery at which is at the back of this garden had tests done 2 metres down and there is nothing there he is ok wih that but his wife says if they sell 5 years on they could have the same problem again. any ideas? my partner has called the council and they are going to dig out all of the stuff under the golf course to see what is what . maybe we need to get a letter from the council that will not impact selling in the future. any ideas? coudl ou give us details on this environmental indemnity anyway?

Abloss wrote: »

Hello Deals

Sorry, just saw your post about the landfill in the vicinity of house further down the page. I would suggest that you speak with the contaminated land officer of your local council in the first instance. They may have more detail on what the fill material used to create the golf-course comprised, also they would have statutory duty to act if they thought that such a landfill was impacting on members of the public i.e. impacting your property at all.

You can also request a written response - which may help you with your sale.

300 metres is a significant distance for any contamination to be impacting your property directly and I would imagine that any buyer pull-out would be more down to being "spooked" by the landfill being in the area than any contamination actually being near your house.

An insurance backed solution would be a way forward if it eased your house-sale through, but to me it sounds as though you would really be buying insurance to cover a risk that doesn't exist.

Have a chat with the council first though and see if you can get something from them that would put buyers at ease first though. That is the cheapest the first option.

All the best

Andy

Abloss

Hi there - I have pm'd number if you want to talk.

An environmetal indeminity works in a very similar way to building regs insurance. It covers (within the contract limitations) the cost of cleaning up ground contamination and legal costs of recovering the monies involved from the original "polluter", if that is possible.

The insurance is triggered either through a regulatory enforcement notice, or through another third-party initiating court action against you. The insurance is usually also time-limited and will have a level of excess.

I would avoid getting involved in discussing contamination sampling results for nearby properties. The work wasn't undertaken for you and I guess that there is a potential to open yourself up to future liability in the sales process should you start to make representations on the "condition" of your house based on information relating to a nearby Site and for which you have no professional reliance.

I presume that the insurance package is being offered by/through Wilbourn Associates, since they are about the company covering the private homeowner in respect of environmental insurance.

Regards

Andy

PS - PLEASE NOTE THE ABOVE IS MY PERSONAL OPINION ONLY AND DOES NOT REPRESENT PROFESSIONAL ENVIRONMENTAL CONSULTING ADVICE.

PPS - sorry, just felt I had to mention the above:)