The conveyancing market has long faced challenges related to environmental contamination risks. With complex regulations, especially under the Environmental Protection Act (1990), conveyancers often deal with ambiguity and are expected to undertake additional document retrieval from insurance schemes, local authorities, and planning portals, creating delays in their process, so that assessment as to whether land is contaminated can be done.
Some of the key challenges include:
- Unclear or insufficient data: Conveyancers often have to request additional documents from local authorities, planning portals and insurance schemes, resulting in delayed transactions.
- Single document retrieval versus lines-of-evidence: when a conveyancer is expected to retrieve more documents, it’s not always clear what to look for, and planning applications, for example, could have 100+ documents. Once the conveyancer has trapsed through these documents, they are likely to have one document, which could ambiguously be described as one piece of evidence. The conveyancers are not environmental experts, and do not know whether what they find will indeed be enough to determine whether a property is or is not at low risk under part 2A of the Environmental Protection Act (1990)
- Failed reports and further actions: Traditional environmental reports frequently fail or required additional steps, increasing workloads for conveyancers and concerns for homebuyers.
- High uncertainty in contamination risks: Navigating planning records and environmental hazards often left conveyancers unsure about potential liabilities tied to contaminated land.
These hurdles made it difficult for conveyancers to provide definitive answers to homebuyers and developers, potentially affecting property transactions and increasing the risk of non-compliance.