The experienced environmental law solicitors at Farleys can provide constructive legal advice to landowners who are concerned about the implications of contaminated land regulations. Our experienced lawyers can also provide legal support and guidance to companies and individuals accused of breaching UK contaminated land laws.
What Contaminated Land Means
The term contaminated land describes any land which is, due to the misuse or poor disposal of substances on, in or under the land, in such a condition that:
- Significant harm is being caused, or there is a potential for it to be caused, to human beings, ecological systems within protected sites and/or property such as crops or buildings
- Significant pollution is being caused, or there is a potential for it to be caused, to controlled waters
Land contamination may be caused by substances such as solvents, heavy metals like arsenic and lead. Asbestos, oil and radioactive materials can also contaminate land.
Liability for Contaminated Land
The local authority responsible for the area in which the contaminated land is discovered will be tasked with determining liability. If you are either:
- The individual or organisation which knowingly permitted the polluting substance to be disposed of or stored on the land
- The land-owner or occupier
You may be liable for the contamination itself, and therefore open to legal action such as public injury and illness claims resulting from spills, accidents or contamination because of existing materials present at the site.