Development Checklist No 14 - Contamination of Land and Buildings

Once a site has been found its suitability regarding contamination may have to be ascertained. [Please Note: This is a first-stab post on a complex topic involving:   desk and site investigations, liability under a duty of care, statutory remediation processes etc.]

The post identifies some of the  pointers  on contamination which may affect the site's efficacy for the developer's / owner's objectives.

Check 1: Contamination Desk Study: Has any  desk study been done? If affirmed, did it reveal any evidence that suggests the land or buildings are contaminated?. Such evidence may include:

• documents suggesting a history of previous contaminative uses;  
• reports of previous works to combat pollution on the site:
• invoices etc showing contractors were used to remedy contamination;
• a local authority remediation notice.

Check 2: Contamination Site Survey:  Has any site survey been done? If affirmed did it reveal evidence that suggests the land or buildings are contaminated? Such evidence may include:

• discolouration of surface materials;
• dead or dying flora or fauna or unnatural absence of the any natural growth etc;
• sampling or boring cores which show the presence of pollutants;
• evidence of works to remedy contamination.

Check 3: Pollutant's Path:  Ascertain whether any contamination's pollutant's pathway  has been determined from the evidence and whether there is the prospect that any receptor(s) will be harmed.

Check 4: Polluter Pays:  Ascertain whether any polluter, eg owner / occupier of adjoining land,  has been found and whether liability to pay  for remediation has been agreed.

Check 5: Insurer Pays:  If the polluter has been discovered, ascertain whether their insurer is liable under a valid insurance policy. 

Check 6 Owner Pays:  If no historic polluter has been discovered, the landowner is liable unless liabilty can be transfer to the owner's insurer under a valid indemnity policy

Check 7: Remediation Notice: See whether any issued remediation notice has been complied with and, if necessary, confirm that the works are sound.

Development Checklist No 8 - Insurances (Update 1 - 19 October 2011)

Check 8.1:  Identify the risks that the project faces and how they should be eliminated or 
mitigated by management policy or insurance.

Check 8.2: Review the need for insurances, particularly statutory and contractural, and develop management action policies for meeting risks . 

Check 8.3: Identify statutory insurances and ensure compliance by each party concerned and that the cover is adequate.

Check 8.4: Identify contractural insurances and ensure each party complies with the terms and conditiona and has adequate cover.

Check 8.5: Review Checklist 10 for the exemption from community infrastructure levy (CIL) where on a rebuild after damage or destruction there is a modest increase in size of a building.

Typical insurances found in development works include:

Statutory Insurances

       General:

• Employer's Liability:
• Motoring:

        Property:

• Airports: Owners or operators require cover to protect the customers, staff and third parties against loss or injury which is due to a failure in the owner’s or operator’s duty of care.
• Horse Riding Establishment: A duty to insure under the Riding Establishments Acts 1964 s 1 (4A), is required of the licence holder to cover customers, eg hirers or persons learning, and third parties (suffering injury from the proprietor or a customer).
• Nuclear Installations - Nuclear Installations Act 1965 s19 requires insurance or compensation cover of the licence holder of a nuclear installation, eg a power station generating electricity by a nuclear reactor.

Contractual:

• Land and buildings etc, exchange of contracts: The purchaser of land and buildings is advised to insure from the date of contract.
• Goods:
• Professional services:
• Trade services: Contacts for demolition, building, fencing, security, etc works will normally cover such matters as contractor's all risks, public liability, etc.

Other:

• Keyman:
• Membership of a profession or trade body: Professional bodies such as the RIBA, RICSand the RTPI require its members to carry cover for professional indemnity insurance (PII).