Contaminated land is land that contains substances in, on or under it that are causing, or could cause, significant harm or pollution. With more development taking place on previously developed (brownfield) sites, investors, developers and tenants increasingly need to deal with land that is, or may be, contaminated.
In Great Britain, the statutory regime for identifying and remediating contaminated land is set out in Part 2A of the Environmental Protection Act 1990, but most contamination is in practice dealt with through the planning system, with conditions requiring site investigation and remediation before or during development. Surveyors can advise on the relevant legislation, environmental audits and documentation, and the cost and approach to remediation.
- Remediation and disposal of contaminated material can be a significant abnormal cost.
- Early site investigation reduces the risk allowance needed in the estimate.
- Responsibility for unknown contamination should be clearly allocated in the contract.
Related terms: brownfield site, site investigation, remediation, abnormal costs.
