Due Diligence Environmental Survey

Environmental Due Diligence is undertaken to examine potential liabilities associated with a property or land holding as a result of soil or groundwater contamination and their wider potential impacts.

Increasingly stringent legislation has seen environmental liability become an important consideration in the overall due-diligence conducted around property and corporate transactions.

There have been numerous instances of unforeseen environmental conditions resulting in significant financial costs, time delays, reputational damage, and in the most extreme cases even criminal proceedings.

Crucially, Part 2A of the Environmental Protection Act 1990 identifies two classes of liable entity in respect of contaminated land, as below.

• Class A Persons who caused or knowingly permitted the contamination.
• Class B The current owner or occupier.

Expert assessment of environmental conditions allows related risks to be quantified and opportunities to be identified, thereby enabling informed decision making.

In many cases, potential hazards to future site condition may also be identified, for instance in relation to existing infrastructure, such as drains discharging close to sensitive receptors, inadequate bunding, or arrangements for firefighting water containment and management.

Equally, we often see overly conservative or generic advice that does little to enhance understanding, and can lead to unwarranted difficulties with a transaction, and particularly with funding. In many cases there may be scope to add value by providing considered solutions to actual or perceived risks.

Bespoke Due Diligence Service

We work with buyers, sellers, lenders and investors to provide considered, technically robust advice on a wide range of transactions, in plain english.

From the purchase of a single commercial unit, to business and portfolio divestment, refinancing or sale and leaseback arrangements, we can deliver a tailored level of support, with a single point of contact available throughout the process.

• Pre-acquisition and vendor due diligence
• Gap analysis of vendor due diligence
• Initial desk study assessment
• Portfolio assessment/ risk screening - bespoke scope and report formats tailored to requirements
• Site audit of facilities, infrastructure, processes and operations
• Targeted gathering of management and anecdotal knowledge
• Review of historical industrial and regulatory activity
• Quantification and cost assessments for CAPEX
• Material sampling and testing (e.g. soil, waste)
• Full phase 1 site assessment and site reconnaissance
• Phase 2 site assessment - intrusive site investigation

Our Approach

Adeptus has carried out environmental audits and due diligence for a range of legal, financial, industrial and developer clients. We provide assessments ranging from initial risk screening using freely available data to grade and prioritise any significant risks, to designing and carrying out further detailed assessment and full characterisation of such risks and providing costed remedial solutions. This ensures a proportionate approach consistent with the scale of the site, transaction and factors such as historical land use and environmental setting.

We undertake environmental due diligence assessments throughout the UK on a fixed costs basis and will work to accommodate your scope and timescale requirements. Internationally, we have provided assessment as far afield as Australia, and we have also acted in the UK on behalf of US investors requiring environmental site assessments in line with standards and procedures such as ASTM E 1527 and CERCLA.

Related Services

Additionally to core capabilities around land contamination, in house technical expertise enables us to identify issues and opportunities across the broader spectrum of environmental specialisms. Our due diligence audits are enhanced by capability and experience in the following areas.

• Environmental Permitting
• Environmental Monitoring
• Ecology and Habitats
• Flood Risk and Drainage
• Air Quality
• Asbestos Containing Materials
• Waste Water Treatment and Disposal
• Environmental Management and Compliance
• Quality and Environmental Management Systems
• Waste Classification and Management
• Site Condition Reports
• General Construction Methods
• Remediation Cost Appraisal
• Emerging Contaminants - PFAS, PFCs,
• Groundwater Remediation
• Controlled Waters Risk Assessment