Contamination discovered on your site

How contamination came to light determines which legal framework applies and what you must do next.

• Found during development or building works - Usually dealt with through the planning system. Your local planning authority will impose conditions requiring investigation and remediation before development can proceed.
• Local authority has contacted you under Part 2A - The council has formally identified your land as contaminated under the Environmental Protection Act 1990. This triggers the Part 2A regime with specific consultation periods and potential remediation notices.
• Discovered during routine operations - You may have a duty to notify the Environment Agency if contamination is affecting or could affect controlled waters. Take professional advice on your notification obligations.
• Found during a property transaction - Environmental searches or site surveys have revealed potential contamination. This affects the transaction and may require investigation before completion.

Contaminated land liability depends on whether you caused the contamination or simply own the land. Understanding which category applies to you is essential before deciding how to respond.

You need two types of professional support as early as possible: a contaminated land specialist (environmental consultant) and a solicitor with environmental law experience. Do not try to handle this alone.

• Environmental consultant - Will assess the technical evidence, advise on the extent of contamination, and develop a remediation strategy. Look for consultants accredited under the Specialist in Land Condition (SiLC) register.
• Environmental solicitor - Will advise on your liability position, your rights during the consultation period, and any cost recovery claims against other parties.
• Engage the regulator early - Demonstrating willingness to cooperate with your local authority or the Environment Agency leads to a more proportionate regulatory response. Regulators prefer voluntary action.

If remediation is required, acting voluntarily gives you more control over the process and avoids the risk of criminal prosecution for non-compliance with a formal notice. The regulator must not serve a remediation notice if you are carrying out voluntary remediation.

Once remediation is complete, you need formal verification and should take steps to protect your position for the future.

• Verification report - Commission your environmental consultant to prepare a report demonstrating remediation objectives have been met, with analytical results and waste disposal records.
• Submit to the regulator - The enforcing authority will review and, if accepted, update the contaminated land register.
• Retain all records - Keep copies of investigation reports, remediation records, verification reports, and all correspondence. You may need these for future property transactions or cost recovery claims.
• Cost recovery - If another party caused the contamination, take legal advice on recovering your remediation costs through civil proceedings.