Climate considerations are becoming embedded in conveyancing but timing and consistency remain key challenges.
Our parent company Landmark’s latest climate change market research shows:
- 81% of property professionals now treat climate risk as core due diligence.
- 75% say risks are identified too late to prevent disruption in many transactions.
- Responsibility is still shared across stakeholders but is not yet clearly defined.
The next step is clear: ensuring climate insight is delivered early enough, and clearly enough, to support confident client decisions.
Download Climate change in the property sector 2026: turning insight into action to learn more.
The UK’s renewable energy landscape has expanded dramatically in recent years, and with it the number of homes that sit within sight – or earshot – of a wind or solar installation.
For buyers considering a property near an existing or proposed renewable energy development, understanding what proximity actually means in practical terms is an important part of making an informed decision.
Get up to speed on Wind & Solar Farm proximity in just five minutes.
What’s the current picture?
Wind and solar developments are found across the UK, from large offshore wind arrays to onshore turbine clusters on upland moors, and from utility -scale solar farms covering hundreds of acres to smaller installations on agricultural land. Many are already operational. Others are consented but not yet built. And a significant pipeline of new applications moves through the planning system at any given time.
A property that currently enjoys open countryside views may be within the footprint of a consented solar farm. A rural home may be within the noise assessment zone of a proposed wind development. Neither of these things will necessarily appear on a standard local search – which is precisely why specific enquiries matter.
What are the practical concerns for buyers?
The concerns most commonly raised by buyers in relation to wind and solar proximity fall into several categories:
- Visual impact – wind turbines are tall, moving structures visible across significant distances. Solar farms, while lower to the ground, can cover large areas of previously open landscape. Both can materially affect the outlook from a property
- Noise – wind turbines generate a characteristic low -frequency noise that is subject to planning conditions and noise assessment requirements, but which some residents find intrusive, particularly at night
- Shadow flicker – turbines rotating in sunlight can create a flickering effect inside nearby properties at certain times of day. Planning conditions typically require developers to address this, but it’s worth understanding whether it’s been assessed for properties in close proximity
- Access and traffic – construction phases for large wind and solar projects generate significant HGV movements on rural roads, which can affect properties nearby for an extended period
- Property value – the evidence on value impact varies by location and type of development, but proximity to large wind or solar installations is a factor some buyers and lenders take into account
What about proposed developments?
A development that hasn’t been built yet – or even formally applied for – is harder to identify than one already on the landscape. Planning applications for renewable energy projects appear on the relevant local planning authority’s register, and for larger nationally significant infrastructure projects, on the Planning Inspectorate’s database.
A CON29O optional enquiry can surface information held by the local authority about proposed energy developments in the area. For projects large enough to be classified as Nationally Significant Infrastructure Projects – generally onshore wind above 50MW and solar above 50MW in England – the application is handled by the Planning Inspectorate rather than the local authority, so additional research may be needed.
Does planning policy affect what can be approved nearby?
Planning policy on renewable energy in England has evolved over time and continues to do so. Onshore wind in particular has been subject to significant policy changes in recent years, affecting where new turbines can be consented and on what basis. Buyers concerned about future development near a property they’re considering should look at the local development plan, which will set out the council’s approach to renewable energy in that area.
What should buyers ask?
Before exchange, buyers with concerns about renewable energy proximity should ask their conveyancer to raise the relevant CON29O enquiries, and consider whether additional searches, including a planning search covering a broader radius, would be appropriate. Where a specific development has been identified, reviewing the planning decision notice and any associated conditions can provide useful detail on what mitigation was required.
Proximity to a wind or solar installation isn’t automatically a problem – but it’s the kind of thing a buyer should know about before they commit, not discover on the day they move in. The landscape is changing quickly, and the planning pipeline for renewable energy is active. Asking the right questions at the right stage of the conveyancing process makes all the difference.
Buying a home near an overhead power line, electricity substation or gas pipeline is more common than many buyers realise.
Energy infrastructure is woven into the landscape across the UK – urban and rural alike – and its presence near a property can affect everything from what can be built to how easily the home can be mortgaged.
Understanding what’s there, and what it means, is an important part of due diligence, so here it all is, in five minutes.
What counts as energy infrastructure?
Energy infrastructure covers a broad range of apparatus and installations that form part of the networks used to generate, transmit and distribute energy. In the context of residential property, the most commonly encountered types include:
- Overhead electricity lines – from high -voltage national grid transmission lines carried on tall steel pylons, to lower -voltage distribution lines on wooden poles that run through residential streets and across gardens
- Underground cables – electricity cables buried beneath land, which may cross a property’s boundary without being visible at the surface
- Electricity substations – installations that step voltage up or down across the network, ranging from large fenced compounds to small green metal cabinets on the pavement
- Gas transmission pipelines – high -pressure pipelines carrying gas across the country, typically buried and marked at regular intervals with yellow warning signs
- Gas distribution mains – lower -pressure pipes serving individual streets and properties
- Oil and other fuel pipelines – less common but present in certain areas, particularly near refineries, ports and airports
What rights do network operators have?
Energy infrastructure doesn’t appear on land by accident. Network operators – companies like National Grid, Scottish Power Energy Networks, Northern Gas Networks and others – hold legal rights over land where their apparatus sits or crosses. These rights typically take the form of easements or wayleaves registered against the title to the land.
An easement gives the operator a permanent right to keep their apparatus in place and to access the land for maintenance and inspection. A wayleave is a similar right, usually granted by agreement with the landowner, which in some cases can be terminated – though the operator may have statutory powers to insist on a replacement.
These rights travel with the land. A buyer purchasing a property with an overhead line crossing the garden, or a buried cable running beneath it, takes on the land subject to those rights. That can affect what they can build, where they can plant, and whether they can alter the ground in certain areas.
What are the practical implications for buyers?
The presence of energy infrastructure near a property has a number of potential implications worth understanding before exchange:
- Building restrictions – there are minimum safe clearance distances from overhead electricity lines within which construction is not permitted. The Health and Safety Executive publishes guidance on safe working distances, and network operators must be consulted before any work near overhead lines
- Mortgage and insurance – some lenders apply additional conditions or restrictions to properties within a certain distance of high -voltage overhead lines. Insurance can also be affected in some circumstances
- Permitted development – certain automatic permitted development rights may be affected by the presence of infrastructure rights over the land
- Aesthetic and amenity impact – high -voltage pylons and substations can affect outlook and, in some cases, market value, though the evidence on health effects from electromagnetic fields remains a subject of ongoing scientific review
- Underground apparatus – buyers planning landscaping, excavation or construction work need to know what’s below the ground before work starts. Striking a buried cable or pipeline can be dangerous and costly
How is energy infrastructure identified?
A CON29O optional enquiry can reveal whether any electricity lines, apparatus or rights are recorded by the local authority. For underground pipelines, the Health and Safety Executive’s pipeline database and individual network operator records are the primary sources.
Where apparatus is visible – a pylon, a substation, a pole – its presence will be obvious. Where it’s buried or where easements and wayleaves exist in the title, they should appear in the title register and associated documents provided as part of the conveyancing process.
Energy infrastructure is a fixed feature of the landscape – it doesn’t move, and the rights attached to it don’t disappear when a property changes hands. For buyers, the key questions are what’s there, what rights the operator holds, and what that means for how the land can be used. Getting clear answers before exchange avoids the kind of surprises that are significantly harder to deal with after completion.
Nutrient neutrality has quietly become one of the most significant blockers in residential conveyancing, stalling new build transactions across 74 local planning authority areas in England.
It isn’t a planning policy. It isn’t a local authority designation. It’s an environmental legal obligation rooted in European case law, and it has delayed the delivery of an estimated 160,000+ new homes.
The Planning and Infrastructure Act 2025 has set out a new route through the problem, but for now, nutrient neutrality remains live, real, and directly relevant to new build transactions in affected catchments.
Lets squeeze all the knowledge on this new topic into a five minute read.
What is nutrient neutrality?
Nutrient neutrality is the requirement that new housing development must not add additional nitrogen or phosphorus pollution to protected river catchments that are already in poor environmental condition.
It stems from the ‘Dutch Nitrogen Case,’ a 2018 Court of Justice of the EU ruling which established that environmental mitigation measures must be certain and in place before planning permission can be granted, not promised for the future. Natural England applied this ruling to English river catchments, and the consequence has been that planning permission in affected areas can only be granted where a developer can demonstrably offset any additional nutrient load their development would create.
The irony is stark: new homes contribute less than 1% of the nitrogen and phosphorus entering affected rivers. Agriculture and wastewater treatment are overwhelmingly the dominant sources. But it is housing development, not farming, that bears the burden of proof.
Where does it apply?
Nutrient neutrality applies to 27 river catchments spanning 74 local planning authority areas across England. The most affected include:
- The Solent catchment (Hampshire and surrounding areas)
- The River Wye (Herefordshire and into Wales)
- The Norfolk Broads and River Wensum
- The Somerset Levels and Moors
- Poole Harbour and the River Stour
- The River Tees and Cleveland Coast
- The River Eden, River Derwent, and Bassenthwaite Lake (Cumbria)
The affected area has been growing, not shrinking. New catchments have been added over time, and the issue is expected to expand further as more protected sites are assessed.
What does it mean for a new build transaction?
For conveyancers acting on new build purchases in affected catchments, nutrient neutrality can affect transactions at multiple stages:
- Planning permission: developers must demonstrate nutrient neutrality before permission is granted. Where credits aren’t available or mitigation isn’t in place, permission is refused or delayed.
- Discharge of conditions: some sites have planning permission but are caught at the discharge of planning conditions stage, where nutrient evidence must be approved before construction can begin.
- Completion delays: even where construction has started, legal completion may depend on mitigation being formally signed off.
- Credit costs: developers typically pay £2,500 to £10,000 per home for nutrient credits, depending on the catchment , costs which can affect viability and pricing.
What is changing with Nutrient Neutrality
The Planning and Infrastructure Act 2025 introduces Environmental Delivery Plans (EDPs) and a Nature Restoration Fund (NRF) as the long-term solution to nutrient neutrality and similar environmental blockers.
Rather than each developer arranging their own bespoke mitigation, the new system works like this:
- Natural England prepares an EDP for a specific catchment, identifying strategic nature recovery measures.
- Developers pay a levy into the NRF rather than sourcing individual credits.
- Natural England delivers the environmental improvements at catchment scale.
- Once an EDP is in place, development in that catchment can proceed without site-by-site mitigation.
The first EDPs are expected to cover nutrient neutrality catchments, with public consultation anticipated in spring/summer 2026. Until EDPs are formally adopted for a catchment, the existing nutrient neutrality regime continues to apply in full.
How does this appear in property searches?
Nutrient neutrality is not directly flagged in a standard CON29 or LLC search. However, an environmental search for a new build property in an affected catchment may indicate the relevant protected habitat designations, Special Areas of Conservation (SACs) or Special Protection Areas (SPAs), that underpin the nutrient neutrality requirement.
For conveyancers acting on new build transactions, the most important checks are:
- confirming whether the site falls within a nutrient neutrality catchment.
- checking that the developer has obtained and evidenced appropriate nutrient credits or mitigation.
- reviewing planning conditions and their discharge status carefully
- monitoring EDP developments for the relevant catchment as the NRF comes into effect.
Nutrient neutrality is one of those issues that sounds technical and obscure until it stops a transaction in its tracks. For conveyancers working in affected catchments, it is a live and material consideration on every new build instruction.
The Nature Restoration Fund offers a credible route through the problem, but it will take time to land. In the meantime, knowing which catchments are affected, what mitigation looks like, and where the transaction sits in the process is essential knowledge for any conveyancer advising on new build property.
Brownfield land is a term that comes up often during conveyancing, especially when clients are thinking about redevelopment potential or long‑term value.
It’s a simple concept on the surface, but one that’s frequently misunderstood. This short blog gives you the essentials: what brownfield land is, why it matters, and how it affects property decisions.
Wellies on, lets dive in.
What Is Brownfield Land?
Brownfield land is any site that has been previously developed. In practice, that usually means land that once hosted buildings, industry, commercial operations, infrastructure or other structures. It stands in contrast to greenfield land, which has not been built on before. Brownfield sites range from former factories and warehouses to petrol stations, abandoned yards, old institutional sites, and disused commercial plots. Crucially, brownfield does not automatically mean contaminated or unsafe – but it can raise more questions for planners, developers and lenders.
Why Isn’t Brownfield the Same as Contaminated Land?
This is where confusion often begins. Many clients assume brownfield = contaminated, but the two are not synonymous. Contamination is about pollutants or risks to health and the environment. Brownfield simply describes a site’s past use. Some brownfield plots require remediation; others are clean and ready for redevelopment. The key difference is that brownfield status triggers certain planning and due‑diligence expectations, while contamination triggers risk assessment and environmental investigation.
Why Does Brownfield Status Matter in Conveyancing?
Brownfield land can influence a buyer’s plans and a lender’s appetite. Planners often encourage reuse of brownfield land to reduce pressure on greenfield development, meaning redevelopment prospects may be better than clients expect. At the same time, a previous use (industrial or commercial, especially) may indicate the need for environmental checks, ground investigations or a closer look at historic planning records. For commercial buyers, brownfield status can shape feasibility studies, construction costs and regulatory obligations. For residential buyers, it may influence what future extensions or conversions are likely to be permitted.
How Does Brownfield Land Show Up in Searches?
Local searches do not explicitly label a site as “brownfield”, but clues appear throughout the results. Historic planning records, previous use classifications, industrial permissions, and environmental notices all help paint a picture of the site’s past. If a site is part of a local authority’s brownfield register, this may also be visible through planning portals or local development plan documents. When dealing with former industrial or utility sites, buyers may seek environmental searches, desktop risk reports or specialist assessments.
What Should Clients Be Aware Of?
If a client is buying a site for redevelopment, brownfield land can be a positive; many planning frameworks favour its reuse, and grants or local incentives may apply. However, they should also be aware of: previous foundations, buried structures, unusual ground conditions, the need for site investigations, and potential planning conditions relating to remediation. Even where contamination is unlikely, lenders sometimes require clarity or reassurance about historic use. Clear early conversations help avoid delays later.
Brownfield land isn’t a cause for alarm, it simply tells us the land has a past. For many buyers and developers, that past can unlock opportunities. For conveyancers, the key is helping clients understand what “previously developed” means in practice: where it creates potential, where it signals extra due diligence, and how it shapes the path to planning permission. By identifying early whether brownfield status is relevant, you can guide clients through the next steps with confidence.
Biodiversity Net Gain is one of those phrases that feels simultaneously important and slightly mysterious. Luckily, it’s much simpler (and much more logical) than it sounds.
Here’s a friendly, five‑minute guide to help conveyancers explain BNG clearly and confidently, minus the jargon and the drama.
What is Biodiversity Net Gain?
BNG is now a legal requirement for most land developments in England. In short: Every development must leave nature in a measurably better state than it was before.
That means developers need to increase the biodiversity value of a site by at least 10%, using a recognised metric to show that habitats have been created, enhanced, or restored.
This shift reflects a very practical reality: biodiversity has been declining fast. BNG aims to reverse that trend by embedding environmental improvement into the planning system rather than treating it as an optional extra.
How is BNG measured?
This is where the metric comes in – most notably Defra’s Biodiversity Metric 4.0, the industry’s standard tool for assessing habitat value.
Ecologists (or other suitably qualified professionals) assess:
- the type of habitats on the site
- their condition
- their distinctiveness
- their size
- any linear features such as hedgerows or rivers
Each habitat gets a biodiversity “score,” forming the baseline. Developers then show how they’ll deliver at least a 10% improvement on that score.
In practice, this often requires a site visit, and yes, habitat surveys mostly happen in spring and summer, which adds a fun seasonal constraint to planning teams.
How can developers achieve Biodiversity Net Gain?
There are three main routes:
1. On-site improvements
Enhancing or creating habitats within the development boundary — for example, restoring grasslands, adding woodland areas, or improving connectivity between ecological features.
2. Off-site units
When on-site uplift isn’t possible, developers can deliver improvements elsewhere, sometimes using habitat banks: areas of pre-created, high-value habitat that generate biodiversity units.
3. Statutory biodiversity credits
A last resort, used when neither on-site nor off-site options are feasible. These are government-issued credits, designed to fill unavoidable gaps rather than be a go‑to solution.
Most schemes blend the three to meet their uplift target.
Why does Biodiversity Net Gain matter to conveyancers?
Although BNG primarily affects the planning and development stages, it’s becoming increasingly important in transactions too, especially where:
- land is being sold for development
- development sites change hands mid‑process
- off-site biodiversity units are being purchased or traded
- long-term habitat management obligations (often 30 years) are attached to land
Key considerations include:
- Legal agreements, such as Section 106 obligations securing habitat creation and maintenance
- Land charges that bind future owners to ongoing ecological management
- Liability and stewardship, including who is responsible for monitoring and maintaining habitats over the long term
- Valuation, since BNG potential can inflate or depress a site’s development prospects
A little early clarity can prevent big headaches later.
Is BNG good news?
In a word: yes. It ensures development contributes positively to the environment, encourages smarter land use, and helps protect ecosystems that support everything from pollination to flood resilience.
It also aligns with wider sustainability goals and, increasingly, consumer expectations. Nature recovery is no longer a fringe concern – it’s becoming part of mainstream development practice.
Biodiversity Net Gain is a significant, forward‑looking change to how we plan, build, and value land in England. For conveyancers, it’s another dimension of due diligence – but also an opportunity to help clients understand a major shift in environmental responsibility.
And despite its name, BNG isn’t about hugging trees (though no judgement). It’s about ensuring that development leaves nature better off than it found it – with a clear metric, a legal backbone, and practical pathways to deliver meaningful ecological uplift.