Why has my property been Referred?

A report will be referred to Wilbourn Associates (for their professional opinion) by Landmark Information Group if any potentially contaminative features are identified within the computer generated report which are either on site or within a specified distance. This is so that an environmental surveyor can assess the environmental impact of these features and come to a decision as to whether the site is at risk of being either designated contaminated land, or the value of the property being adversely affected.


Why has the property been Passed?

If the surveyor feels that there is a low risk of the property being adversely affected, then the property will receive a 'Passed' document. For example, this may be because the features identified in the report are at a sufficient distance from the property, or are too small to be of consequence.


What is a Further Action document?

If, when the environmental surveyor has studied historical maps and reviewed select data provided by Landmark he/she has identified a potentially contaminative past or current land use which may affect either the value of the property or the likelihood of the property being designated 'contaminated land', then the report will be given a 'Further Action'.

Please note that the 'Further Action' document is in no way a 'fail' and is only a prompt for the vendor/ buyer to collect more information regarding the property.


I have received a further action what should I do now?

Read the 'Further Action' document fully to understand the reason for the property receiving a 'Further Action'. The reason for the referral to Wilbourn Associates should be within the first few paragraphs (following the address and report details).

Further information relating to issues raised in the 'Further Action' is included within the main Envirosearch Residential document. Read the list of questions which are included in the 'Further Action' document. These are meant as a guide to allow you to resolve the issues which have been raised in the report (for more information see across).


Can I have a passed certificate?

Neither Landmark nor Wilbourn Associates re-issue certificates after a 'Further Action' has been given. Any information that has been obtained regarding the property should be kept with the search for future reference. If the issues raised in the search and/or 'Further Action' document have been dealt with (for example; the questions at the bottom of the 'Further Action' document have been answered and yield a positive result) then this should be sufficient for a mortgage lender to be able to assess, and be able to lend on a property.

If the documentation is not sufficient to satisfy the mortgage lender and/or property buyer, then more investigation may need to be carried out.


Is my NHBC guarantee valid?

NHBC guarantees only run for ten years, so you need to check the start and end date of the guarantee.

Sometimes the NHBC will take over the "Building Control" details of a new development, rather than the local authority, and so they may have details of any site investigations/remediation which have taken place on the property.


What further investigations do I need to carry out?

The investigations you will need to carry out will depend on why the property has received a 'Further Action'. Enquiries to the local council are usually recommended in all cases, as they should hold details such as site investigations, planning requirements and landfill monitoring.

The council also have a statutory duty to assess land within their borough which they believe may be contaminated under guidelines set by PartIIA of the Environmental Protection Act 1990. Check to see if the property in question falls within or close to any of these areas.

Please note that some councils may charge for a search for information obtained from their records and may require payment before a search will begin. Some departments such as Planning may allow you to book an appointment in their record office where you can search the archives for free.

In all cases try and get a response in writing, even if it is just one sentence confirming that the council hold no records.


Landfills

If the property in question is located on or close to a landfill, enquire at the Environmental Health Department as to what measures have been taken to mitigate any gas migration from the landfill site.

Has the site been remediated in any way? Are any site investigations underway? Has the council any knowledge of gas ingress into local properties?

If the property has been given a 'Further Action' for a 'potential landfill buffer' then try to gain a detailed boundary plan for the landfill, as the site may have received the 'Further Action' due to uncertainty as to the extent of landfilling.


Unknown filled ground

The term 'unknown filled ground' relates to an area of ground which has been identified as being infilled by studying changes in features identified on historical Ordnance Survey maps. 'Unknown filled ground' refers to a large range of areas which have been infilled; from small incidences such as infilled drainage ditches and ponds, to larger areas of worked ground such as clay pits, quarries and colliery workings. These areas of filled ground may not have been licensed for landfilling, and as such the council may not hold details of the site on its landfill register.

Unknown filled ground may pose a risk to a property for the same reason that landfills do: any material which was included within the filled ground which is of an organic nature will decompose and produce gas which can ingress into buildings. In cases where a large area of ground has been infilled or levelled (e.g. an old brickworks or colliery land), the council may hold details of site investigations/planning requirements and/or gas monitoring programmes.

Potential tanks associated with a
garage and/or bus depot.

The Petroleum Licensing Authority in your area (which is either the local council or the local fire authority depending on where you live - see contacts list) will hold details of all underground tanks (past and present) relating to the storage of petrol and/or diesel. Details of the present state of the tanks should be available to say whether they are still operational or have been infilled or removed. Note that written permission may be required from the present owner of the site (which encompasses the tanks) before this information will be given.

Check also with the Environmental Health Department at the council to see whether they hold any records of spillages and/or leaks relating to the site.

If the property has been redeveloped, then details of the removal or filling of the tanks may also be available from the Planning Department at the council or possibly from the developer, if the redevelopment was recent.


Potentially contaminative past land uses

For example these include land historically used for metal works, chemical works, foundries, tanks associated with works, military land and gas works.

If the property is new then the council or developer will hold details of the site redevelopment. Check to see what investigations have been carried out, what the requirements were for site redevelopment and whether these were carried out.

In some cases where tanks have been identified on or near the property, they may still be present, so it may be possible to check to see if they are only water tanks or hold fuels or oils.


What shall I do with the further information?

Once you have gained further information relating to the site, then this information should be made available to all parties involved in the purchase of the property. It should also be kept safe, with the deeds of the house, so that it is available for future buyer and/or vendors. If the points raised in the 'Further Action' have been dealt with and the outcome is positive, then the parties involved should be confident in proceeding with the purchase.


Can I get help in reviewing the further information?

In most cases no further review of documentation should be necessary, however, if all of the available enquiries have been made and it is not evident whether the site is at low risk, then it may be necessary to appoint an environmental surveyor to do this for you. The Royal Institution of Chartered Surveyors (RICS) will be able to help you find an appropriate surveyor (see contact details).

Wilbourn Associates offer a documentation review service for which we charge a standard fee of £75 per hour plus VAT. Document reviews generally take 1-2 hours depending on the complexity of the documentation provided.

Wilbourn Associates can also undertake the enquiries on your behalf and then review the further information for which we would charge a standard fee of £250 + cost of the enquiry + VAT.


Contaminated Land Insurance

You may wish to insure your property against the costs associated with a site being designated contaminated land. Numerous companies offer this service, and can be found via a general search on the internet.

Landmark also offers this type of service using 'Country Guide Legal Indemnities Ltd.' For a quote or further detail please ring the helpdesk on 0870 606 1700.


Remediation Contribution

With effect from 1st July 2006, a unique 'remediation contribution' feature has been added to all Envirosearch Reports which includes a pay out offer of up to £50,000 in its standard terms to the homeowner. This will apply to remediation costs incurred after being served with a notice by a statutory authorities when the property is declared under Part IIA of the Environmental Protection Act 1990.

This applies regardless of the outcome of the risk assessment provided on the site, including where Envirosearch identifies that there may be a risk of contamination under Part IIA.

Landmark Information Group will automatically protect homeowners where serious contamination may be an issue in the future, providing long term peace of mind. It is now easier for a transaction to proceed when 'Further Action' advice is provided which, in the past, could have caused the transaction to stop or be cancelled entirely.

Up to £50,000 costs towards remediation
of the site.

Covers the legally defined plot on which
the property sits.

Can be fully relied on by lenders.

Fully transferable to the First Purchaser and
in the context of HIPs.

For further information, contact the Landmark helpdesk on 0870 606 1700.


Useful contact details

To speak to someone at Landmark about the data in the report or if you have any other queries ring the Landmark Help Desk to speak to a customer services advisor on 0870 606 1700.~

To find out who is your local petroleum licensing authority, go to the Association for Petroleum and Explosives Administration (APEA) website: www.apea.org.uk. Go to contacts and then 'petroleum licensing and enforcing authorities'.

For further information on flood risk data go to the EA website at www.environment-agency.gov.uk and type in your postcode to see 'what's in my backyard?' Enquires no. 08708 506 506.

For further information on radon visit the National Radiological Protection Board (NRPB) website at www.nrpb.org Headquarters: 01235 831 600.

To contact the RICS, go to their website: www.rics.org click on 'public' then 'find a surveyor' and search the online member directory. You can also contact the call centre during office hours on +44 (0) 870 333 1600.

To contact the NHBC, go to their website: www.nhbcbuilders.co.uk, email them at cssupport@nhbc.co.uk, or telephone on 01494 735363

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