Land may be contaminated by substances present in the environment, either naturally occurring or resulting from previous land use. These substances can pose risks to human health, animals, buildings, ecosystems, or water quality.
Contaminated land is identified through risk assessment, which considers both the likelihood of a hazard occurring and the potential impact. According to statutory guidance, the local authority must establish a clear pollutant linkage – consisting of a source, a pathway, and a receptor. Without all three elements, the land cannot be classified as contaminated.
Dealing with contaminated land
If an investigation finds that substances in, on, or under the land present a ‘significant possibility of significant harm’ or cause ‘pollution of controlled waters’ (such as rivers, lakes, or groundwater), remediation will be necessary to make the site suitable for use. This may involve removing or treating topsoil or altering garden areas to prevent exposure to contamination.
Where remediation is enforced, the affected land will be recorded on the Local Authority’s Public Register.
In all cases, a remediation statement must be submitted once the work is complete. These statements can be shared with land or property owners to support future sales.
Responsibility for contaminated land
When land is developed through the planning process, it is the developer’s responsibility to ensure the site is safe for its intended use and that any contamination no longer poses a risk to people or the environment.
In most cases, the Council expects landowners to voluntarily clean up contaminated sites.
For land investigated under the statutory contaminated land regime, identifying who should cover the clean-up costs can be complex. The Council follows Government guidance (DEFRA Circular 01/2006) when making this decision.
Where possible, the polluter or any party found to be negligent should bear the cost. However, the current landowner may sometimes be held liable. The Council aims to make fair decisions based on individual circumstances.
Paying for remediation
If contamination is found on a property, an "appropriate person" is responsible for paying for its cleanup. These individuals fall into one of two categories.
Class A persons are those who either caused the contamination or knowingly allowed it to occur on the land, such as developers. If no Class A person can be found, responsibility may shift to a Class B person, who is typically the current resident or landowner.
Environmental searches
Conveyancing solicitors often request searches to check if a property may be affected by land contamination. These are typically provided by commercial search companies using their own data to give a risk-based assessment. However, these results do not confirm the presence or absence of contamination – only a detailed site investigation can do that.
The Council’s contaminated land team offers an environmental search showing what information is held about specific areas, including whether a site meets the legal definition of Contaminated Land.
For newer developments, contact the Planning Department on 0161 912 3000 or the NHBC to find out what remediation steps may have been taken.
Indemnity insurance for land contamination is available from some insurers and may be worth considering.
Independent environmental searches
Independent environmental searches rely on sources like historical maps and trade directories, but do not consult the Council for details on sites we’ve flagged as potentially contaminated. They do include any sites officially designated as Contaminated Land on the Local Authority’s register.
These searches often identify areas with a history of potentially contaminative use but do not assess the actual risk to human health or the environment.
Self soil sampling
You may choose to test the land yourself to check for contamination. This often involves sampling soil, groundwater, and ground gas, and should be carried out and interpreted by a qualified contaminated land consultant.
Be aware that this process can be costly and time-consuming. Any decisions about follow-up action will typically be the responsibility of the property owner.
Environmental certificates
An environmental search reviews historical records to provide a professional opinion on potential contamination and usually includes a certificate.
It's important to understand that this certificate isn't a legal requirement; it's a tool to help you interpret the search results. If you don't receive a certificate or if the company recommends further action, it doesn't automatically mean the land is contaminated. It simply indicates that more detailed information is needed, which your local authority can often provide.
Likewise, a certificate doesn't guarantee a property is free from contamination. It only states that based on the data reviewed, there was no obvious sign of an issue. The search itself is an interpretation of maps and records, not proof of a problem. The only way to confirm the presence or absence of contamination is through a physical site investigation.
Ultimately, your local authority is the primary source of information and the best resource for making decisions related to environmental issues on a property.
Providing information
The Environmental Information Regulations 2005 (EIR) allow the public to access environmental information held by public authorities. Under these regulations, councils cannot charge for access to public registers or for viewing environmental information. However, if a written request is made for detailed site-specific information, a fee may be charged for providing this service.