Dealing with land contamination
Classification of contaminated land
Land is classed as contaminated when substances in, on or under it cause or are likely to cause significant harm or water pollution.
Significant harm means damage to:
- people
- the environment
- agricultural or garden produce
- livestock, including domesticated animals, game birds and fish
- buildings
The UK has a legacy of contaminated sites, including former factories, mines, storage depots, steelworks, refineries and landfills. The land at these sites may contain various potentially harmful substances such as oils and tars, waste metal, organic compounds, chemicals, salts, gases and mining materials. Some land is contaminated with radioactive substances, as a result of unregulated use in the past.
Local authorities are responsible for identifying contaminated land. They look for sites, such as former industrial premises, which are most likely to be contaminated and inspect them to establish the condition of the soil. If the local authority wants to inspect your land you must allow them reasonable access. Equally, if you think that your land is contaminated, you must tell your local authority.
Some types of contaminated land are classed as Special Sites. These include land which:
- has been used for activities such as oil refining or making explosives
- was or is owned by the Ministry of Defence
- is contaminated by radioactivity
- is likely to affect certain types of drinking or surface water (lakes, rivers, etc)
Special Sites are regulated by the Scottish Environment Protection Agency (SEPA) once a local authority has formally identified them.
Subjects covered in this guide
- Introduction
- Classification of contaminated land
- Regulation of contaminated land
- How to stop land becoming contaminated
- The risks of buying contaminated land
- Insuring against the risk of contaminated land
