Potential Contaminated Land

Tiaramy

Hi,

I'm hoping you all can help me. Me and my partner are buying our first home. The home is a terraced build in 2011 so is 13 years of age. This means the NBCC certificate has ran out.

The searches have been done and it has come up that their is a high risk of contaminated land, as there was a previous industrial state of unknown origins. Our Solicitors have asked the vendors for indemnity insurance however, this was four weeks ago and we've heard nothing more. We asked our solicitors what it happening and they said they're waiting on instructions from the vendors solicitors regarding this matter and that they have not confirmed if they're purchasing the insurance.

Me and my partner original offers 145K on this, which was rejected and then we offered full asking price of 150k as we really liked the place. It's a cheap area, hence the reasonably prices.

We discussed with the Vendors back in the first week of March when we originally offered this is under the condition they're happy to delay the move until July. (Given that everything went smoothly).

Me and my partner now believe they're purposely delaying the property, as they have a chain but we do not. Due to the delay, the fact the contaminated land may be present, and the fact they're not doing anything about it me and my partner are wondering would it be sensible to withdraw our offer and offer a lower price, and, if so, how much would be reasonable to offer on a property with potentially contaminated land?

To help with the matters, both properties either side of it have sold with in the past two years, so the issue of a mortgage is not a problem, we just feel the current vendor doesn't seem to care. They also apparently tried selling in February 2023 which didn't go through - so we are wondering if it has something to do with the potential contaminated land not being investigated on this plot. Our solicitors aren't very keen to give us advice on the matter either, which is rather irritating so we are turning to you all.

Also, I contacted the people who did the ground search and they said if we can provide planning permission, a valid NBCC and proof on environmental not planning to do only works on it, it will pass it's searches, but we also don't feel like this is our responsibility and should be the current vendors - hence possible offering a lower price.

What do you all think?
Please help! My anxiety is going insane!

Tiaramy

Any information I can provide or try to at least! Also forgot to mention the council we live in is notoriousfor not responding and doesn’t having any planning permissions on their site for this house sighhh

user1977

Are you sure the council doesn't have planning permission on their portal for it? Are you searching properly for it? Bear in mind the application for the estate won't have the current postal address of the house. The planning papers will include info about any contamination and how they dealt with it.

Tiaramy

user1977 said:

Are you sure the council doesn't have planning permission on their portal for it? Are you searching properly for it? Bear in mind the application for the estate won't have the current postal address of the house. The planning papers will include info about any contamination and how they dealt with it.

I’ve been using the postcode if I am completely honest with you. Sorry if I am sounding dumb but what else should I use? I know the council website is really bad and it looks like if you haven’t requested it on their online portal before you might not see it! I could be wrong!

GDB2222

If the land is poisonous, does an indemnity policy help you? Obviously, it may pay for decontamination, but what if your health has been compromised by the time you find out? I think I would rather find out what the status of the land is. 

user1977

If searching by address you'd need to know what the whole development site was originally called, the current postcode isn't likely to help. Doesn't it have a map search option? Tell us roughly what development you're looking at and we can help.

daveyjp

Properties built just 13 years ago on brownfield land will have stringent planning conditions relating to the previous uses.  Full soil testing before the work, report to planning with method statements for any clean up and requirement to test the soil during and after the work.

The England and Wales planning portal usually allows a map search, you will need to filter it for all applications as it defaults to the last 12 months or similar.

From there you should be able to see the application and documents including any discharge of conditions applications.

Tiaramy

GDB2222 said:

If the land is poisonous, does an indemnity policy help you? Obviously, it may pay for decontamination, but what if your health has been compromised by the time you find out? I think I would rather find out what the status of the land is. 

We have just proposed this but the only thing is it could take months. I suppose it’s better to be safe than sorry! 

Tiaramy

daveyjp said:

Properties built just 13 years ago on brownfield land will have stringent planning conditions relating to the previous uses.  Full soil testing before the work, report to planning with method statements for any clean up and requirement to test the soil during and after the work.

The England and Wales planning portal usually allows a map search, you will need to filter it for all applications as it defaults to the last 12 months or similar.

From there you should be able to see the application and documents including any discharge of conditions applications.

I believe going down the route of just asking the council is going to be the safest way forward. It’s just very unusual it hasn’t been done already on this house. I’ve been reading online builders could have been told they can built as long as they uncontaminate the land first, but then what if they didn’t? 😳 

user1977

Tiaramy said:

daveyjp said:

Properties built just 13 years ago on brownfield land will have stringent planning conditions relating to the previous uses.  Full soil testing before the work, report to planning with method statements for any clean up and requirement to test the soil during and after the work.

The England and Wales planning portal usually allows a map search, you will need to filter it for all applications as it defaults to the last 12 months or similar.

From there you should be able to see the application and documents including any discharge of conditions applications.

I’ve been reading online builders could have been told they can built as long as they uncontaminate the land first, but then what if they didn’t? 😳 

What makes you think they didn't? Don't you think the planners check this stuff?

You should not make a specific enquiry to the council about the address, as that could invalidate an indemnity policy (if you end up going down that route). Like I said above, just look for the planning application for the development, if it's from recent years it is bound to have covered any contamination issues.

Tiaramy

What makes you think they didn't? Don't you think the planners check this stuff?

You should not make a specific enquiry to the council about the address, as that could invalidate an indemnity policy (if you end up going down that route). Like I said above, just look for the planning application for the development, if it's from recent years it is bound to have covered any contamination issues.

The current vendors are looking into it apparantly. We just got the update this afternoon. Turns out they’re choosing not to go down the insurance route and decided to get information from the council. Which will take forever sadly but atleast we will know for sure if it is or isn’t contaminated and can stay away from it if it is.