Contaminated Land — EPA 1990 Part IIA

Land Contamination UK — EPA 1990 Part IIA, Class A and B Liability, Phase 1 and Phase 2 Environmental Surveys, Lender Requirements and Environmental Liability Insurance

Landlords and property investors buying land with historic industrial, commercial, or waste use face potential liability for contamination remediation under the Environmental Protection Act 1990 Part IIA (inserted by the Environment Act 1995) — even if they did not cause the contamination. Key points: (1) contaminated land definition (EPA 1990 s.78A): land is contaminated land where significant harm is being caused or controlled waters are being polluted; (2) Class A person — original polluter (primary liable party); Class B person — innocent owner/occupier if Class A cannot be found — a landlord who buys contaminated land may become Class B liable for remediation; (3) DEFRA 2012 statutory guidance: complex exclusion tests including the 'sold with information' exclusion; (4) contaminated land register (EPA 1990 s.78R): absence does NOT mean uncontaminated — most contaminated land has not been formally determined under Part IIA; (5) Phase 1 desk study (£500-£2,500): historical OS maps; EA records; BGS data; site walkover; Conceptual Site Model; risk rating; (6) Phase 2 intrusive investigation (£2,000-£20,000+): soil/groundwater sampling; laboratory analysis; CLEA model assessment; (7) environmental liability insurance: Travelers Environmental; XL Catlin; Zurich Environmental — covers regulatory remediation; third-party claims; sudden pollution events; legal costs.

15 min readUpdated 7 June 2026Last reviewed: 17 May 2026land-contaminationepa-1990part-iiacontaminated-land

EPA 1990 Part IIA — contaminated land definition, Class A and B liability, DEFRA 2012 exclusion tests and contaminated land register

The Environmental Protection Act 1990 Part IIA creates a regulatory regime for contaminated land — with liability falling on the original polluter (Class A) or, where the polluter cannot be found, the current owner or occupier (Class B).

Contaminated land definition (EPA 1990 s.78A): land where significant harm is being caused (or there is a significant possibility of significant harm) to humans, controlled water, ecological systems, or buildings — determined by the local authority
Class A person (original polluter): primary liable party; the local authority must pursue Class A before falling back to Class B
Class B person (innocent owner/occupier): liable where Class A cannot be found; a landlord buying contaminated land may become Class B liable for remediation they did not cause
DEFRA 2012 statutory guidance: complex exclusion tests including 'sold with information' (seller who disclosed contamination may remain Class B liable rather than the buyer); specialist environmental solicitor advice essential before any potentially contaminated purchase
Common contamination types: former gas works (coal tar; benzene; PAHs; cyanide); petrol stations (TPH; BTEX; leaking USTs); landfill (methane; leachate); chemical works (chlorinated solvents — PCE/TCE; heavy metals); railway land (diesel; asbestos)
Contaminated land register (EPA 1990 s.78R): public register of formally determined contaminated land — absence does NOT mean clean; most contaminated land has not been formally determined under Part IIA

Phase 1 desk study, Phase 2 intrusive investigation, lender requirements and remediation options

Phase 1 and Phase 2 environmental surveys are the standard due diligence tools for contaminated land — required by most mortgage lenders before approving a mortgage on any property with a potentially contaminated site history.

Phase 1 desk study (£500-£2,500): historical OS maps back to 1850; EA records; BGS data; contaminated land register; site walkover; output: Preliminary Conceptual Site Model and risk rating (Low/Medium/High); no physical testing
Phase 2 intrusive investigation (£2,000-£20,000+): trial pits and boreholes; soil and groundwater sampling; laboratory analysis (organics — BTEX; PAHs; chlorinated solvents; TPH; metals — ICP-OES); ground gas monitoring; CLEA model assessment; required where Phase 1 identifies medium or high risk
Lender requirements: most BTL and residential mortgage lenders now require an environmental search (equivalent to Phase 1) for any property with industrial or commercial site history; high-risk Phase 1 findings require Phase 2 before mortgage approval
Remediation options: dig-and-dump (excavate to licensed landfill); bioremediation (organic hydrocarbon contamination); pump-and-treat (groundwater plumes); soil vapour extraction (volatile contaminants); stabilisation/solidification (heavy metals in-situ); monitored natural attenuation (where concentrations are declining and risk is low)
Environmental liability insurance (Travelers Environmental; XL Catlin; Zurich Environmental): covers regulatory remediation costs; third-party bodily injury and property damage claims from off-site pollution migration; sudden and accidental pollution events; legal defence costs

Frequently asked questions

Can a landlord be liable for contamination they did not cause?+

Yes — under EPA 1990 Part IIA, where the original polluter (Class A person) cannot be found, the current owner or occupier (Class B person) can be made liable for remediation costs. A landlord who buys a contaminated brownfield site may therefore be responsible for cleaning up contamination caused by previous industrial users. DEFRA's 2012 statutory guidance includes exclusion tests (including the 'sold with information' exclusion) that may protect some buyers — specialist environmental solicitor advice is essential before purchasing any potentially contaminated land.

What is the difference between a Phase 1 and Phase 2 environmental survey?+

Phase 1 (£500-£2,500) is a desk-based review of historical land use (OS maps back to 1850; Environment Agency records; BGS data; site walkover) to identify potential contamination sources, pathways, and receptors — no physical testing. Phase 2 (£2,000-£20,000+) involves physical soil and groundwater sampling, laboratory analysis, and comparison of contaminant concentrations against UK generic assessment criteria (CLEA model). Phase 2 is required where Phase 1 identifies medium or high contamination risk.

Does absence from the contaminated land register mean the property is clean?+

No — the contaminated land register (EPA 1990 s.78R) only records land formally determined as contaminated land under Part IIA. Formal determinations are rare — most contaminated land is managed through planning conditions rather than formal Part IIA determinations. A full environmental search (Groundsure Avista; Landmark Enviro) covering historical land use back to 1850 is essential due diligence before buying any property with a potentially contaminated site history.

Templates recommended in this guide

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