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Purchasing a Property That May be Contaminated
There are some things you should consider if you are about to purchase a property that may be contaminated or has been used for hazardous activities or industries in the past.
The land owner is responsible and liable for the cleaning up of a contaminated site, even if it was contaminated prior to purchase. Consequently the buyer should undertake appropriate due diligence as part of the purchase process.
A Land Information Memorandum (LIM) contains all the relevant information held about a property by Council. This includes the likely presence of hazardous contaminants which will be reported in context and include any reports.
Whilst the land may be suitable for some uses (such as industrial/commercial or agriculture) it may not be suitable other uses (such as residential or organic farming) without some form of remediation (cleaning up).
Prospective land owners should:
- Obtain a Land Information Memorandum from the Council.
- Find out about the current and previous uses of the land or any neighbouring land.
- Check with the Council to see if the property is listed on the Site Contamination Register.
- Determine if, and to what extent, specific investigation and/or soil sampling is required.
- If remediation is required, determine what options are available and what the likely costs are.
Council's Resource Scientist - Contaminants can provide additional information upon request. You may also wish to seek additional independent advice from an appropriately qualified environmental consultant.