Martello Conveyancer Clause Pack

Suggested wording for use in reports on title, client care letters and advisory correspondence

Martello Conveyancer Clause Pack

  • Martello Conveyancer Clause Pack - Residential

    Overall Report Outcome Clause

    “The Martello report provides an overall conclusion of either No Further Action Required or Further Action Required. This conclusion reflects whether any identified environmental or flooding risks may reasonably affect the buyer’s ability to obtain lending or insurance without additional professional input.

    Even where the conclusion is No Further Action Required, the report may include recommended next steps. These are advisory suggestions intended to assist the buyer in making an informed purchase. For example, confirming insurance terms or raising specific items with a surveyor.

    A conclusion of Further Action Required is issued only where risks relating to contaminated land (under Part 2A of the Environmental Protection Act 1990) or flood risk may materially impact the buyer’s ability to proceed without specialist advice. While other sections, such as planning constraints, ground stability, infrastructure or climate-related projections may also be relevant, they do not by themselves trigger a “Further Action Required” status. In these cases, the buyer is advised to obtain proportionate guidance from surveyors, environmental consultants, or insurers before exchange.”

    General Reliance Clause

    “This report has been supplied by Martello for the use of the purchaser and their professional advisers in connection with the proposed transaction. It may be relied upon for identifying potential environmental, mining, climate and planning-related risks associated with the property. No other party may rely on this report without the prior written consent of Martello.”

    Environmental Risk Clause

    “The environmental assessment evaluates potential sources of contamination using national and proprietary datasets and the methodology set out within the report. Unless expressly stated, the report does not confirm the absence of contamination but identifies whether the property is likely to be considered contaminated land under Part 2A of the Environmental Protection Act 1990. Where the report identifies ‘Potential Issues’, no Part 2A determination is indicated, though the buyer may wish to raise matters with their surveyor if works or alterations are planned.”

    Flood Risk & Insurance Clause

    “The flood assessments are based on the best available fluvial, tidal, pluvial and groundwater modelling at the date of reporting. Where flood features are identified, this may influence insurance availability or premiums. The buyer should confirm terms with their chosen insurer and check whether the property is eligible for the Flood Re scheme.”

    Climate Change Clause

    "Climate projections represent potential future conditions based on current scientific understanding. They cannot predict specific events and should not be treated as guarantees of future outcomes. This information is provided to support awareness and long-term planning, rather than as technical or financial advice. Buyers should rely on building surveyors, insurers or other specialists where they require detailed climate-related guidance."

    Planning Constraints Clause

    “The planning constraints information identifies designations and protected assets that may restrict development or alterations. Buyers intending extensions or significant changes should confirm requirements with the local planning authority.”

    Planning Applications Clause

    “The planning applications data summarises nearby development activity for awareness only. As planning information is updated regularly by local authorities, buyers should review the most recent records where any proposal may influence their decision to proceed.”

    Ground Stability Clause

    “The ground stability assessment identifies natural or man-made factors that may influence structural integrity. Elevated results should be raised with the buyer’s surveyor, particularly in relation to foundations, drainage or proposed structural works.”

    Coal Mining Clause

    “The coal mining information is derived from authoritative datasets. Mining-related features may influence ground stability or planning requirements. Where relevant, the buyer should confirm with their surveyor and, if planning works, check whether a Coal Mining Risk Assessment is needed.”

  • Section-by-Section Suggested Wording

    Below is the wording to be used depending on the result shown in the report.

    Contaminated Land

    If the report shows No Issues

    “The assessment does not identify any features suggesting the property is likely to be determined as contaminated land under Part 2A. No further action is required.”

    If the report shows Potential Issues

    “The report identifies nearby features that warrant awareness but do not indicate a Part 2A determination. These findings are precautionary only. The buyer may wish to raise them with their surveyor if future alterations or groundworks are planned.”

    If the report shows Issues Identified

    “The contaminated land section indicates that regulatory or historic activity may be relevant to a potential Part 2A determination. As part of Martello’s process, an independent environmental consultancy, Ashfield, has carried out additional checks and did not identify publicly available evidence of remediation.
    Further specialist advice is recommended before exchange. The buyer should obtain an environmental consultant’s opinion and confirm lender acceptance.”

    Flood Risk

    If the report shows No Issues

    “No flood risks have been identified. Standard insurance is generally available, though the buyer should still confirm terms with their insurer.”

    If the report shows Potential Issues

    “The report identifies flood-related features that may influence exposure to flood events or insurance cost. The buyer is advised to confirm insurance availability and consider obtaining a consultant flood review for a more detailed assessment. More information is available at: https://www.martello.app/our-products.

    If the report shows Issues Identified

    “The flood assessment identifies hazards that may affect the buyer’s ability to obtain insurance or require specialist consideration. A consultant flood review is recommended to understand the nature, extent and implications of the risk: https://www.martello.app/our-products.
    The buyer should obtain insurance confirmation and, if required, specialist flood risk advice before exchange.”

    Planning Constraints

    If the report shows No Issues

    “No planning designations are identified that would be expected to restrict reasonable residential use.”

    If the report shows Potential Issues

    “The report identifies nearby planning designations that may influence alterations or extensions. The buyer should confirm relevant restrictions with the planning authority.”

    Planning Applications

    If the report shows No Issues

    “Planning applications are listed for general awareness; none materially affect the environmental risk position.”

    If the report shows Potential Issues

    “The report identifies nearby developments that could influence amenity, views or local character. Buyers should review the most up-to-date local authority records if any application is material to their decision.”

    Radon

    If the report shows No Issues

    “The radon potential in this area is low. No action is required.”

    If the report shows Potential Issues

    “Radon potential is elevated. While this does not affect lending or insurance, the buyer may wish to discuss radon protection or testing with their surveyor.”

    Transportation

    If the report shows No Issues

    “No transport-related risks are identified.”

    If the report shows Potential Issues

    “Nearby transport infrastructure may influence noise or vibration. Buyers should consider surveyor input if sensitive to these impacts.”

    Energy & Infrastructure

    If the report shows No Issues

    “No relevant energy or infrastructure features are identified.”

    If the report shows Potential Issues

    “The report notes energy or infrastructure sites nearby which may affect amenity or future development. These do not influence the lending/insurance position but may be relevant to the buyer’s preferences.”

    Ground Stability

    If the report shows No Issues

    “No ground stability features are identified that would be expected to affect structural integrity.”

    If the report shows Potential Issues

    “The report identifies natural or man-made ground features requiring surveyor awareness. These should be reviewed in the context of planned works or visible structural condition.”

    Coal Mining (CON29M or Enviro)

    If the report shows No Issues

    “No mining-related matters are identified that would be expected to affect lending, insurance, or structural risk.”

    If the report shows Potential Issues

    “The report identifies mining features that warrant awareness. The buyer should notify their building surveyor and confirm whether a Coal Mining Risk Assessment would be required for future works.”

    Climate Change

    If the report shows No Issues

    “The climate projections used in the Martello report do not indicate a meaningful increase in environmental hazards within a typical mortgage term. Climate projections are model-based and inherently uncertain, and they should be viewed as indicative rather than predictive. No specific further action is required on the basis of these findings, though the buyer may still wish to discuss general climate resilience measures with their surveyor as recommended by current professional guidance.”

    If the report shows Potential Issues

    “The climate modelling indicates that certain hazards may increase over time. Climate projections describe potential future scenarios and should not be interpreted as forecasts or assurances. In line with current professional guidance, the buyer should consider long-term resilience measures, discuss the implications with their surveyor, and ensure that insurers are prepared to offer appropriate cover now and in the future. These findings do not affect the environmental risk rating for lending or insurance but are intended to support informed decision-making about future climate-related exposures.”

  • Other Clauses

    1. Data Limitations & Third-Party Sources

    “Some information is sourced from third-party providers. Martello cannot guarantee the completeness or real-time accuracy of such data. Buyers with concerns should request clarification before exchange.”

    1. No Warranty as to Future Conditions

    “This report reflects conditions and modelling at the assessment date. It cannot predict future land use, policy decisions or environmental events. The buyer should not treat the report as a guarantee that the property will remain unaffected by hazards in the future.”

    1. Buyer’s Duty to Make Additional Enquiries

    “Where the report highlights ‘Potential Issues’ or ‘Issues Identified’, the buyer is advised to undertake proportionate enquiries: insurance checks; surveyor review; or specialist consultancy, as appropriate.”

    1. Lender Considerations Clause

    “Lenders may impose conditions or decline lending where environmental or flood risks are identified. The buyer should provide the report to their lender promptly and confirm suitability.”

    1. Copyright & Use

    “This report and its contents are copyright Martello. It may be reproduced only for use in the conveyancing transaction unless Martello gives written consent.”

     

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