Failed results from environmental search in Swadlincote

If you are buying or selling a home in Swadlincote, it is advisable to instruct a licensed Conveyancer to act on your behalf as early as possible. Fridaysmove Conveyancing can put you in touch with a reputable and experienced Solicitor. As part of the Conveyancing process, our property lawyers will conduct an environmental search.

The search involves a survey of past uses of the land in order to ascertain whether any past use is likely to have led to contamination. It does not involve a physical inspection. Under the Environmental Protection Act 1990 every local authority is obliged to survey the land under its jurisdiction and compile a register of sites which are found to be contaminated. There are a number of steps that your Conveyancing Solicitor will take if a failed result is returned.

The first step would be to take measures in order to have the result reversed. A failed result can be returned simply because the search company has revealed that the land has a past industrial use but they cannot ascertain what it was. If that use can be identified by checking old planning records then the search company may change the result.

If the property is recently built then it may be that the planning permission was conditional on a physical environmental survey being carried out and any contamination issues dealt with. If this is the case, the developer or planning department at the council will have records of the remedial works carried out, which can be presented to the search company for reconsideration.
If it is not possible to have the search result reversed or prove that the contamination has been dealt with then the matter should be reported to the purchaser and, if applicable, to the mortgage lender. It is possible to obtain indemnity insurance against the risk of action being taken against the purchaser for the land being contaminated.

Matthew Rumbold, Fridaysmove ’s resident Conveyancer, dealt with these matters on behalf of Mrs. D in regards to the purchase of her home on Burton Road, Midway, Swadlincote, Derbyshire, DE11 0DQ. The home falls within the local authority district of South Derbyshire Council. There were no significant issues in regards to the environmental search and Conveyancing contracts on behalf of both parties were exchanged shortly before the closing of the sale contract. The seller’s Conveyancing Solicitor was Timms at 23 West Street, Swadlincote, Derbyshire, DE11 9DG.

The estate agent was Liz Milsom at 2 Dinmore Grange, Hartshorne, Swadlincote, Derbyshire DE11 7NJ.

Contact our Solicitors at Fridaysmove . There are a number of ways to get in touch with us; you can call us on 0330 660 0286, receive an Instant Online Quote, or request a call back.