Waite and Jewell: Environmental Law in Property Transactions provides a comprehensive practitioner guide to the environmental issues that arise in property transactions.

It is divided into three key sections:
1. Commentary and guidance on the property transaction and identifies where the environmental issues might occur.
2. Broader discussion and explanation of specific environmental law issues that the practitioner needs to know about.
3. Provision of precedents to assist the busy property lawyer.

This edition will give a general update following the last edition in 2009 and covers the Green Deal, Climate Change Regulations and the significant number of Environmental Permitting Regulations and Waste Regulations that have amassed since the last edition. Also includes a whole new chapter on climate change.

Contents:

Part I Approaching the Transaction: Chapter 1 Introduction to Parts I and II; Chapter 2 The need for information; Chapter 3 Preliminary enquiries; Chapter 4 Freedom of access to environmental information; Chapter 5 Local land charges search; Chapter 6 Local authority and Water Company enquiries; Chapter 7 Other sources of information; Chapter 8 Environmental survey; Chapter 9 Assessing and managing environmental risk: contractual provision and environmental insurance; Chapter 10 Particular transactions – leases and lending; Chapter 11 Development contracts; Chapter 12 Transferring permits;
Part II The Broader Context: Chapter 13 Civil liability; Chapter 14 Statutory nuisance; Chapter 15 Contaminated land; Chapter 16 Waste; Chapter 17 Water; Chapter 18 Built environment; Chapter 19 Nature conservation; Chapter 20 Integrated pollution control and atmospheric pollution; Chapter 21 Climate Change;
Part III Precedents.

Previous edition ISBN: 9781845921064

PART I APPROACHING THE TRANSACTION
Chapter 1 Introduction
Chapter 2 Dealing with information – the caveat emptor rule and environmental issues
Chapter 3 Preliminary enquiries
Chapter 4 Freedom of access to environmental information
Chapter 5 Local land charges search
Chapter 6 Local authority and water company enquiries
Chapter 7 Other sources of information
Chapter 8 Environmental survey
Chapter 9 Assessing and managing environmental risk: contractual protection and environmental insurance
Chapter 10 Particular transactions – leases, lending and securitisation
Chapter 11 Agreements for remedial works
Chapter 12 Transferring permits
PART II THE BROADER CONTEXT
Chapter 13 Civil liability
Chapter 14 Statutory nuisance
Chapter 15 Contaminated land
Chapter 16 Waste
Chapter 17 Water
Chapter 18 Built environment
Chapter 19 Nature conservation
Chapter 20 Environmental permitting and atmospheric pollution
PART III PRECEDENTS
A Definitions
B Provisions designed to channel liabilities to the buyer under the general law
C Warranties
D Wide indemnity
E Limited indemnity by the seller and counter indemnity by the buyer
F Lease provisions – tenant's covenants
G Lease provisions – landlord's covenants
H Loan agreement clauses
I A letter of appointment of environmental consultant
J Deed of collateral warranty
K Deed of appointment of environmental consultant to undertake site investigation – Phase II (intrusive works)
L Remediation works