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Property due diligence

Why an environmental review matters for land

Open land can look uncomplicated while its history tells a different story. An environmental review examines past uses and potential contamination concerns that may affect a property transaction. It is a separate part of diligence from an appraisal, title review, or development approval.

The key idea

Confirm the required report, scope, and timing with the financing team before ordering new environmental work.

What a Phase I assessment examines

In the United States, a Phase I environmental site assessment generally brings together historical research, records review, interviews, and a site inspection. An environmental professional documents findings and significant gaps in the available information.

EPA’s All Appropriate Inquiries guidance explains the environmental inquiry process and recognizes standards for both general properties and forestland or rural properties. The appropriate scope depends on the site and the purpose of the assessment.

Further reading: EPA: All Appropriate Inquiries.

An initial review may lead to more questions

A Phase I is generally a review and assessment, rather than a program of soil or groundwater sampling. Findings may lead to a Phase II investigation that uses sampling and analysis to examine specific concerns.

A report is not a guarantee that contamination is absent. Ask the environmental professional to explain the findings, limitations, and recommended next steps. The financing team will need to consider how unresolved conditions affect the transaction.

Further reading: EPA: Environmental assessment and property reuse.

Organize what you already know

When requesting land financing, briefly identify existing environmental reports or known issues in the property details. You can explain what documents are available without ordering new reports for the initial inquiry.

  • Find prior reports and note their dates and the parcels covered.
  • Identify past uses, known tanks or spills, and any cleanup work.
  • Provide a site contact who can help arrange access.
  • List open questions for the environmental professional.

Match the report to the transaction

Before engaging a consultant, confirm the required scope, acceptable preparer, report age, and reliance requirements. An older report may need additional work, and a report commissioned for another party may not satisfy a new lender’s needs.

For overseas property, local requirements and accepted reports can differ. Ask the financing team and local advisers what applies to that jurisdiction. Environmental diligence also does not replace separate review of zoning, access, utilities, or development permissions.

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