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  • Local authorities and contaminated land

Local authorities and contaminated land

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Key responsibilities

Local authorities act as lead regulators of contaminated land under Part IIA. They have duties to:

  • inspect their areas to identify contaminated land and to designate special sites

  • act as the enforcing authority to secure remediation for contaminated land

  • maintain public registers for contaminated land

  • recover cost for remediation. Learn more on our Remediation page

Local authorities are responsible for carrying out assessments to determine whether a site is contaminated land. When making their assessment, local authorities are required to consult with SEPA on pollution of the water environment, and to consult with NatureScot concerning harm to ecological systems.

For land designated as a special site, SEPA acts as the enforcing authority securing remediation. We also act as the enforcing authority for radioactively contaminated land.

Learn more about SEPA’s responsibilities.

Identifying and investigating contaminated land

Local authorities are required to inspect their areas to identify land as contaminated, in line with their strategy for inspection.

If a local authority doesn’t have enough information to arrive at a decision, it may complete a detailed investigation of the land. Local authorities can undertake, or authorise others to undertake, an inspection using statutory powers of entry. Compensation may be payable by the local authority for any disturbance caused.

Local authorities are required to give notice of land identified as contaminated (or designated as a special site) to:

  • SEPA

  • the owner of the land

  • any person who appears to the local authority to be in occupation of the whole or any part of the land

  • anybody and everybody who appears to the authority to be an appropriate person

The notifications of contaminated land are required to be placed on the public register. There is no mechanism for appropriate persons to appeal against a local authority's decision to identify land as contaminated or a special site.

Strategy for inspection of contaminated land

Under Part IIA, local authorities are required to inspect their areas from time to time to identify contaminated land.

The Statutory Guidance: Edition 2 requires local authorities to develop and publish a strategic approach to the identification of contaminated land which merits detailed individual inspection.

The strategy should indicate how the local authority will identify potentially contaminated areas and how these will be prioritised for assessment in more detail. The identification is made as a result of information gathered by the local authority and information received from other regulatory bodies, organisations or individuals.

Risk assessments

Local authorities may carry out risk assessments to gather information on the risks associated with contaminants at specific sites. This information will build a picture of the site known as a conceptual site model.

The Environment Agency's Land Contamination Risk Management guidance (LCRM) provides more information about carrying out risk assessments.

LCRM has now been adopted in Scotland. SEPA has produced an information note providing advice on the use of LCRM in Scotland.

Requesting advice and information from SEPA

Local authorities may require information and water pollution advice from SEPA when considering whether land is statutorily contaminated.

Complete these 2 forms to request water pollution advice from SEPA:

For more information, see the further guidance section.

Pollution of the water environment

One of the reasons land may be identified as contaminated is pollution to the water environment. SEPA provides site specific advice on water pollution when consulted by local authorities.

Here is guidance on SEPA’s approach to the assessment of pollution to the water environment:

Guidance that applies from 1 February 2025 following the introduction of new directions on groundwater standards.

The following supporting guidance documents are referenced in the above documents:

Human health effects

Authorities need to assess risks to human health on a site by site basis. There are no mandatory standards defining contaminants that present an unacceptable risk to human health.

An essential part of the risk assessment process is considering contaminant toxicology, the extent of exposure to contaminants, and human behaviour at a site.

Three routes of exposure may need to be considered: ingestion, inhalation and skin contact. Common exposure includes:

  • consumption of contaminated food and water

  • inhalation of dust and vapours

  • skin contact with contaminated materials

  • ingestion of soil

This risk assessment tool may be helpful to the process:

Remediation

When land is identified as contaminated, local authorities need to secure remediation to ensure there is no harm to human health or the environment.

In some circumstances, it may not be possible to remediate land. In these cases, the land will remain contaminated and the local authority will issue a remediation declaration. Public registers will record the notification of identification of contaminated land and remedial activity at such land.

Some contaminated land will be designated by a local authority as a special site. For these sites, SEPA becomes the enforcing authority and will be responsible for securing remediation.

Read more on our Remediation page.

Further guidance

Legislation

Data