The term environmental due diligence refers to both the management and assessment of environmental risks and liabilities. It often comes in several forms and methods. However, regardless of the method and form, in which it is performed, the objective’s always constant. This objective typically is to ensure that the environmental regulation is adhered to. It also protects the landowner against environmental hazards like groundwater or soil pollution.
The thing about due diligence environmental is that it is both technical and legal. Typically, it involves analyzing a site or the site that a person or organization wants to buy. This means that this process can be done on both commercial and private properties.
It is a formal evaluation of the land to find out if the land had (in the past) or have (currently) any environmental contaminations or condition. The legal and economic risks would also be quantified.
Below, we have listed some of the very important reasons or benefits of having environmental due diligence done.
Benefits of Environmental Due Diligence For Organizations
The following are some key benefits of this activity. These benefits are what make it important and why every organization should ensure to get it done.
- Helps the organization to avoid legal prosecution
- It helps to find out environmental liabilities and risks that may be due.
- Strategies to take care of or manage the risks can be prepared beforehand.
- Liabilities and risks allocation can be decided on after the deal.
How Are You Protected by This Process?
When this process is carried out before the land is bought, the buyer can become protected from being liable for already existing contaminations.
Normally, if the land is found to have contaminants, the owner has to pay for the repair. Even though they weren’t responsible for the contamination to start with. Legally, merely being the owner of a property with contaminants means you are liable for it. This is based on the Comprehensive Environmental Response, Compensation, and Liability Act. Visit here to find out more about this Act.
However, having this process done on the land you are looking to buy will protect you from having to pay for any repair if contaminants are eventually found on it. This is the major reason why this process is important and should be carried out before any real estate is bought.
Hiring A Consultant
Environmental consultants are the ones that carry out this procedure. So, to carry out this analysis on any piece of land, you will need one.
Enjoying the benefits of this process isn’t just about doing it. For you to be protected from the Comprehensive Environmental Response, Compensation, and Liability Act, due diligence has to be carried out properly. That means it must be done according to both the federal and state regulations. If it isn’t, it won’t have a legal basis, which means it doesn’t have the power to protect you.
For the process to be done properly, it has to be done by a competent and experienced professional consultant. But then, how would you know which consultant is competent and which isn’t? Well, below we will discuss some tips that will help you hire a competent consultant.
Tips to Help You Hire a Competent Consultant
Do not make the mistake of hiring the first consultant that comes your way. Considering more than one service before you decide on one is a great way to find the best consultant available to you.
When you have a list of potential consultants, ask them the following questions to help you decide which one to hire:
- What sort of investigations have you dealt with before?
- Are you certified by the USEPA?
- Do you have insurance for any liability or errors? If yes, what is the insurance?
Finally, make sure to ask for and check their references before you make your final choice, also make sure your lender (if you have one) approves the consultant before you hire them. You can also read this: https://managementhelp.org/ to find more tips on how to hire a great service provider.
Environmental due diligence is done on real estate to find out if a property has environmental contaminants. Carrying out this process is very important before buying any real estate. This is because merely having land with contaminants is enough to make you liable for the repair even if you weren’t the one to contaminant the land. But when you had carried out this process before the purchase, you may be considered as an innocent landowner and be free of the responsibility of paying for the land repair. However, for you to enjoy this benefit and others, you have to be sure that the process is done according to both federal and state regulations. To be sure of this, you need to follow the tips we have shared to ensure you hire a reliable and competent consultant for the job.