Environmental Liability Assessments

Assessments comprise the review, interpretation and determination of environmental risks associated with property ownership and related activities.  Liability frequently takes the form of contaminated land issues but may also include operating liabilities, management issues and policy development. Other environmental concerns can include flood risk, asbestos and industrial permitting issues.

Hidden environmental risks associated with property acquisition can result in substantial and unexpected costs, and also have an impact on business performance and the future saleability of a property.

Ground contamination issues are often a key concern and are typically associated with historical land uses or current operational practices (eg. industrial legacy, bulk fuel storage and land infilling) but can also be as a result of activities in the surrounding area.

Under Part IIA of the Environmental Protection Act 1990, where the past polluter cannot be identified, the owner or occupier of the property can be held responsible for any previous contamination. This can result in third party liabilities or regulatory action, which may involve substantial remedial costs and reputational risk/damage.

RPS advises on hundreds of transactions annually ranging across various sectors, from residential housing stock, commercial offices and hotels, industrial sites (eg. engineering works, garages and gas works) to landfills and general Brownfield sites, both on a single site and portfolio basis.