TABLE OF CONTENTS It is, of course, a matter of good practice for the purchaser, as well as relevant advisers, to visit the site, as issues that trigger off environmental enquiries may be discovered. For example, there may be a potential risk to groundwater caused by discharge or loss of fluids resulting in groundwater pollution. This may manifest itself in cracked concrete or soakaways. In view of the extensive impact of the contaminated land regime in the UK since its implementation in 2002, as well as the developments in the EU regarding environmental liability, as well as related developments elsewhere, it is vital to understand the implications of EDD on asset values.
Other significant potential risks for which inspection should be made relate to:
the position of drains and the route of rain water run-off;
local sub-surface hydro-geology; and
uses of groundwater.
The results from the site visit may lead to the appointment of specialists to carry out site inspections and to report to and advise the purchaser.
The vendor would be advised to limit his liability by:
imposing a financial limit and a time limit on his liability in respect of the warranties or indemnities; and
demanding that the vendor should control the conduct of any claims which may be made.
Replies to pre-contract enquiries will often indicate that there are environmental concerns that require immediate attention in the transaction.
