By Legal Futures Associate Redbrick Solutions
When a ‘Further Action’ result is returned from an environmental search report it can at first be concerning, however it does not mean that this result cannot be overcome and is simply an indication that additional information or checks must be carried out, to ensure the property purchaser is protected.
Thankfully, the answer to what a conveyancer should do next is helpfully provided by way of a summary on the front page of most environmental search reports. Here, the ‘Next Steps’ can be found highlighted, with additional and contextual information provided within the relevant section of the search report, be that Environmental or Contaminated Land, or Flood, for example.
Contaminated land Further Actions
Where a Further Action for contaminated land is identified, for instance if the property is on the site of or close to a former gas works, further information or investigation will be required to identify whether the site has been appropriately remediated, therefore mitigating the risk.
Conveyancers in possession of an FCI environmental search can take advantage of a Free Review Service for contaminated land risks. By providing one of the following items of information to FCI’s Risk consultancy team, this can help to revise the report outcome from a Further Action to a Pass result:
- A National House Building Council (NHBC) Buildmark Certificate (or similar)
- Confirmation of Discharge of Planning Conditions
- Letter from the Local Authority Environmental Health Department
Where a conveyancer or their client is unable to obtain such information, or does not feel comfortable carrying out such enquiries, we are able to offer the affordable service, the FCI Appraisal. FCI’s professionally qualified Risk consultancy team will approach the Local Authority, national environmental regulator, and other statutory bodies to gather and review additional property specific information, providing an expert analysis of the contaminated land risk in a fast and cost-effective manner.
In many cases, with a more informed assessment, FCI are able to facilitate the transaction by providing a superseding ‘Pass’ risk assessment. However, on the rare occasion where an unacceptable risk remains, clear next steps on mitigation or resolution are provided.
Flood risk Further Actions
Where a Further Action for Flood Risk is returned, closer investigation is required to verify and understand the significance of the flood risk.
FCI offer an affordable solution, the FCI Flood Appraisal, which is a detailed, property specific analysis of flood risk at a property. Derived from complementary data sources and flood mapping, coupled with expert independent insight, the report considers on-site features which can influence the risk of flooding, in addition to flood warning history, analysing the effectiveness of any defences, local research, topography and Local Authority data.
Providing an overarching professional opinion on the flood risk, including an assessment of insurability, FCI Flood Appraisal provides clarity, making those all-important property acquisition or investment decisions that much easier. Ultimately, where the flood risk has been reduced following the FCI Flood Appraisal, the environmental search result can then be converted to a Pass.
Join our webinar
We are hosting a FREE webinar on 14th September on Environmental Reports – Why they Further Action and How to Achieve a Passed Report.
Our speaker, Neil Wood of Future Climate Info (FCI) will discuss why environmental reports suggest Further Action, options around communicating these results to your clients and the information you can source to convert the Further Action into a Passed report.
Find out more and register here: https://zoom.us/webinar/register/WN_xinnlQvJTIe5EjCXGjcVsQ