Guidance for Residential Property
See below for guidance on
Buying residential property
The Council is frequently contacted regarding contamination issues that relate to the purchase and/or sale of property.
Contamination issues may be highlighted during the purchase/sale of property by:
- local authority land charges search
- private search companies
- prospective purchasers' own searches
- a new owner of a property
These are all explained in more depth below.
Generally, the Pollution Section is only able to provide factual information it holds that relates to a site, particularly during the purchase/sale of property.
Local Authority Land Charges search
The Council may attach notes to the Land Charges Register to inform those buying property that:
- an address is within a consultation area for a site which may be or is being dealt with under the contaminated land regime.
- a developer has contravened a planning condition for contaminated land
The Pollution Section will generally not charge to respond to reasonable questions raised in relation to a note attached to the land charges register for contaminated land issues, where a land charges search is completed with the Council.
If the Council consider it necessary to charge for this information, we will inform you when you contact the Pollution Section.
Private search companies
Increasingly, solicitors undertake environmental searches with private search companies. Where the private search company considers that there is a risk from contamination they will identify this within the search. Where a risk is identified by a private search, a sale may be held up either because the purchaser is unable to obtain a mortgage from their bank, or they have been advised to obtain further information by their solicitor and/or surveyor.
The Council has little influence over a private search company’s conclusions and beyond providing factual information as part of a search, the Environmental Protection Unit is unable to offer advice regarding the purchase/sale of property. Your solicitor, surveyor and other agents that may be employed are responsible for advising you during the purchase/sale of a property.
If after following the advice and recommendations of a private search company, they still consider that a risk exists from contamination, we would recommend that you seek guidance from your solicitor/surveyor about employing an appropriately qualified environmental professional. An environmental professional should be able to advise you of how to go about demonstrating whether a contamination issue exists in relation to a property.
Further information may also be available from other service units within the Council - see the 'other sources of information within the council' section, below.
Prospective purchasers' own searches
A prospective purchaser may collect information from the Council, Hackney Archives, etc. If as a result of this information this person decides to request further information or actions before purchasing a property, you need to deal with him/her directly.
Again the Council is only able to provide factual information that it holds and cannot offer any direct advice on the purchase/sale of a property.
Further information may also be available from other service units within the Council (see 'other sources of information within the council', below).
A new owner of a property
If after buying a property, or when selling a property, the owner finds that it is situated on potentially contaminated land, we would suggest that readily available information is collected. This may include searches with Hackney Council's Pollution Section.
You should also contact the solicitor and surveyor who carried out the purchase of your property to see whether they undertook the correct environmental checks and advised you appropriately.
If any previous potentially contaminating use is mentioned in deeds or other information associated with the property, or if the solicitor or surveyor should have been aware of a situation from local knowledge or information provided by the local authority (or other organisation), they may be at fault.
It is also possible that if someone sells a property with knowledge of a contamination issue, but does not inform the purchaser (in particular where they have lied), then the person who sold the property to you may be at fault.
If you consider that any of these circumstances apply, you may need to consider seeking professional legal advice
The Council is unable to consider using its powers to investigate potential contamination because of information identified during a property transaction. However, if harm or a significant likelihood of harm to people living within or around a property is apparent, then the Council will consider investigating a property and the surrounding area.
Other sources of information within the council
Information may be available from other service units of the Council regarding the development of your property. This information may answer any queries that a purchaser or their solicitor/surveyor may have about contaminated land issues. Other service units frequently contacted include:
- Planning Authority
- Building Control
- Land charges
- Local Archives
The Planning Authority will be able to inform you of whether a condition to deal with contaminated land issues was attached to the planning application for you property.
You can check planning applications on the Planning Authorities web site. Where a condition is attached to a planning application they should be able to tell you whether the condition was discharged by the Council and whether appropriate information was provided/is available.
You should be aware that irrespective of any involvement by the Council, the developer and their agents are ultimately responsible for contaminated land issues at a development and you should also contact them.
Building Control at the Council inspect many developments in the Borough and may be aware of the design measures incorporated into property to protect it from contamination. They may also have other information that relates to a development.
A private building control inspector might have undertaken the Building Control function for a development. Building Control at the Council will be able to inform you of whether this was the case.
Land Charges are able to provide you with details of a property through a local land search.
The Local Archives hold various hostircal information for the Borough including old maps, drainage connections information, bomb maps and old photos.
Housing on potentially contaminated land
A few of Hackney’s residents will own property that is situated on potentially contaminated land.
If you are concerned that the property you own or live in is situated on potentially contaminated land, we would suggest that you start by collecting readily available information. See the environmental searches and information and useful links pages.
If after checking readily available information, you still believe that your property is situated on potentially contaminated land, you may need to consider whether this should have been picked up when you purchased your property. View the 'Buying a Property' information above, which also includes guidance on situations where a resident realises their house may be built on potentially contaminated land.
The Council has also produced other gudiance to inform the public of contaminated land issues. This includes actions that residents can take to investigate their own land using an environmental professional.
Generally, unless there is evidence of harm, or a significant likelihood of harm, to people living within or around a property or to the environment, the Council cannot consider the investigation of a property or the surrounding area out of its prioritised order.
The prioritisation and investigation of potential contamination is described within Council stategy and guidance. See The contaminated land regime page for further guidance. Guidance regarding health affects of contaminated land is provided on the guidance on health issues arising from contaminated land page.
Page updated: 15 Jun 2010
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