The government has issued guidance on how to identify if land is contaminated and, if it is, what needs to be done. Land can be contaminated by heavy metals such as arsenic, cadmium and lead, as well as oils and tars, chemical substances and preparations like solvents, gases, asbestos and radioactive substances.

Land is legally defined as ‘contaminated land’ where substances are causing or could cause:

• significant harm to people, property or protected species;
• significant pollution of surface waters (for example lakes and rivers) or groundwater; and/or
• harm to people as a result of radioactivity.

Contaminated land may previously have been used as a factory, mine, steel mill, refinery or landfill.

Special sites
Some types of contaminated land are classed as ‘special sites’. This includes land that:

• seriously affects drinking waters, surface waters or important groundwater sources;
• has been, or is being, used for certain industrial activities, such as oil refining or making explosives;
• is being or has been regulated using a permit issued under the integrated pollution control or pollution prevention and control regimes;
• has been used to get rid of waste acid tars;
• is owned or occupied by the Ministry of Defence;
• is contaminated by radioactivity; and/or
• is a nuclear site.

The Environment Agency has published technical guidance on special sites.

Who decides if land is contaminated?
The local council or an environment agency will decide if land is contaminated. Land could be investigated for a number of reasons, including when:

• land is sold, let, used or otherwise transferred;
• land is proposed for development;
• local councils inspect land in their area;
• an application is made for an environmental permit or other licence; and/or
• land is polluted.

For further guidance on how to deal with contaminated land click here.