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Developers – Be Aware of the Environmental Issues to Consider in a Property Transaction

When looking at either buying or selling real estate in Ireland, there are environmental issues to consider:

Environmental Certifications

Depending on the nature of any development, environmental licences and permits may be required. For example, certain developments require a licence from the Environmental Protection Agency for the designated use in addition to the planning permission.

Environmental Disclosure

A seller is required to make full disclosure of any issue (including environmental issues) which may adversely affect the asset. In addition, a seller is required to reply to standard buyer requisitions (which include specific environmental requisitions) relating to whether the property is a ‘European site’ (ie, a site affected by the European Communities (Natural Habitats) Regulations 1997) and whether any notice, certificate, order, permit, licence or consent under any environmental laws affect the property.

Rules and procedures governing environmental clean-up of property – parties responsible for clean-up and the extent of their liability

The European Communities (Environmental Liability) Regulations 2008 (SI 547/2008) governs environmental liability based on the ‘polluter pays’ principle. An operator whose activity causes the imminent threat of or causes environmental damage is therefore liable for any preventative or remediation measures.

The  Environmental Protection Agency is the authority responsible for all aspects of the regulations.

Regulations / incentive schemes promoting energy efficiency and emissions reductions in buildings

Subject to some limited exceptions, there is a statutory requirement on a seller to provide a building energy rating, which provides an indicator of the energy performance of a building. Currently in Ireland, there are no incentive schemes to improve the energy performance of a building.

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Verde Environmental Consultants provide our clients with independent and impartial expertise, and give a clear understanding of the risks and potential impact of issues raised in the environmental due diligence exercise. Our tailored advice, provided by an experienced and dedicated team of environmental experts, is commercially focused, clearly communicated, delivered on time and backed with appropriate levels of professional indemnity cover.

Read our Environmental Due Diligence Capability Document

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