Transactions are like icebergs: how to buy a contaminated site?

Transactions are like icebergs: how to buy a contaminated site in Italy, and not only. You can be sure of what you see , not of what you do not see: so it is necessary to rely on specialized technicians on DueDiligence activities to verify the quality of the subsoil. The examination of soil, interstitial-gas and groundwater avoids surprises, such as the purchase of a “landfill” in place of a “promised building area”.

Observations from imprudent customer

• “on the building site there was a lawn with benches and swings, who could imagine under a landfill …”
• “I had been confirmed that everything was clean: I have a written declaration …”
• “I have the geologist’s proof that indicated everything well, you can build …”

Observations from prudent customer

• “we are buying a promised building area, currently there is a lawn with benches and swings: we also do a cognitive soil and groundwater survey…”
• “it has been confirmed and documented that the subsoil is not contaminated, we still do an our expertise …”
• “we already have the geotechnical relationship, we can build, but a geochemical expertise is also appropriate …”

The verification of the subsoil reduces the risk of non-compliance with Italian Legislative Decree 152/2006

With the purchase deed the property (and responsibility) of land for agricultural, residential or industrial use is transferred for the following types of sites:

• art. 240 c. d) potentially contaminated site: a site in which one or more concentration values of the polluting substances detected in the environmental matrices are higher than the contamination threshold concentration values (CSC), pending completion of the characterization and analysis of the specific site health and environmental risks, that allow it to determine the status or otherwise of contamination based on risk threshold concentrations (CSR);
• art. 240 c. e) contaminated site: a site in which the values of the risk threshold concentrations (CSR), determined with the application of the risk analysis procedure referred to in Annex 1 to the fourth part of this decree on the basis of the results of the characterization plan, are outdated;
• art. 240 c. f) uncontaminated site: a site in which the contamination detected in the environmental matrix is lower than the contamination threshold concentration (CSC) or, if higher, is however lower than the risk concentration concentration (CSR) values determined following the analysis of health risk and environmental specific site.

Transactions are like icebergs: how to buy a contaminated site

The soil and groundwater,  surveys do not cost a fortune, on the contrary, they cost less than the legal fees necessary for pollution discovered after sale. If targeted, investigations avoid unwary purchases and define risks and costs to “buy a potentially contaminated site”, “buy a contaminated site” or ascertain “to buy an uncontaminated site”. Similarly, surveys make it possible to safely operate the sale of a “potentially contaminated”, “contaminated” or “uncontaminated” site to guarantee the protection, not only economic, of the transaction. Transactions are like icebergs: how to buy a contaminated site, it’s the case to say abundans cautela non nocet.