Environmental risks associated with property can result in substantial unexpected costs. Contamination from previous industrial use or filling on the property itself or nearby can cause liability even if the original polluter cannot be identified. This liability can involve high remediation costs and damage reputation and investment or sale value. RPS has over 40 years of experience advising on managing these environmental risks cost effectively for hundreds of property transactions annually across sectors.

1. rpsgroup.com
Environmental Liability
and Property
Hidden environmental risks associated
with property acquisition can result in
substantial and unexpected costs, and
also impact business performance and/
or the future saleability of a property.
Ground contamination issues are an
obvious concern and are typically
associated with historical land uses
on-site or current operational practices
(e.g. industrial legacy, bulk fuel storage
and landfilling) but can also be 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
ground contamination.
This can result in third party liabilities
or regulatory action, which may
involve substantial remedial costs and
reputational risk/damage. In addition
it can affect the ability of a tenant to
maintain their lease or impact the
investment value/saleability
of the property.
Other environmental issues can
include flooding, asbestos, invasive
plants (e.g. Japanese Knotweed) and
industrial permitting issues. RPS has
provided specialist advice across the
UK and Europe of the identification
and management of these issues for
over 40 years.
RPS is involved with hundreds of
transactions annually ranging across
various sectors, from residential
housing stock, commercial offices and
hotels, industrial sites (e.g. engineering
works, garages, and gas works) to
landfills and general Brownfield
sites, both on a single site and
portfolio basis.
RPS is also a panel advisor to all
major high street banks and satisfies
commercial lending for property
acquisition and/or development.
The RPS approach enables risks to be
managed in a commercial and cost
effective manner, and can convert
potential liabilities into business
opportunities. Our advice is backed by
the assurance of a FTSE 250 company
with over 4,500 staff located in over
90 major towns and cities worldwide.
Environment liability may
occur due to:
n Contaminated land
n Asbestos
n Non-compliance with permits
n Poor environmental management
n Pollution incidents
n Inappropriate operational
activities
n Inadequate waste management
n Invasive plants (e.g. Japanese
Knotweed)
n Forthcoming legislation
n Flood risk

2. rpsgroup.com
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Please call free on 08000 85 83 84
Due Diligence Services:
n Pre-acquisition Vendor Audits
n Desktop Phase 1 Liability
Assessments
n Phase 2 Intrusive Site Investigations
n Portfolio Assessments
n Flood Risk
Corporate Services:
n Environmental Management
Systems (EMS)
n Compliance Audits
n Environmental Due Diligence
n Corporate Responsibility
n Legal Registers
Sustainability Services:
n Sustainability Appraisals
Statements
n Assessments:
• Code for Sustainable Homes
• BREEAM Assessments
n Carbon Consulting:
• Carbon Footprinting
• Carbon Reduction Commitment
(CRC) Energy Efficiency Scheme
n Energy Performance Certificates
(EPC)
n Energy Energy Efficiency Audits
Development Services:
n Contaminated Land Management
Remediation:
• Phase 1 Risk Assessments
• Phase 2 Geo-Environmental
Investigations
• Phase 3 Remedial Method
Statements
• Phase 4 Validation Appraisals
• Quantitative Risk Assessments
n Geotechnical Investigations
n Environmental Statements
(as part of an EIA)
n Waste Audits
n Site Waste Management Plans
n Construction Environmental
Management Plans
n Flood Risk Assessments:
• Site Appraisals
• Sustainable Drainage Systems
(SuDS)
• Drainage Designs
• Flood Management Plans
• Floodplain Modelling