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.
As part of the continued roll out of new and remastered reports, our attention has turned to our agricultural offering, the SiteSolutions Farm report.
You might wonder why it’s important to order a SiteSolutions Farm report instead of a traditional environmental search, after all, don’t they cover the same factors? In reality, agricultural transactions involve a host of unique considerations. For example, the Environment Agency has reported that agricultural runoff is the single biggest polluter of rivers, responsible for 40% of waterway damage. This highlights the need for an agricultural report that goes beyond a standard contaminated land liability assessment.
Agricultural considerations
Farm transactions involve a broader range of factors, often making reports more complex and harder to interpret. Our reports are built differently – offering clear analysis and mapping of key agricultural issues such as pollution incidents, poor land management, intensive farming, and land classification, alongside standard assessments of flood and contamination risk. These localised factors, unique to agricultural land, are surfaced and presented as prudent enquiries to help conveyancers identify potential issues early, facilitating a smoother transaction.
Template redesign
The redesigned front page features a clear summary that instantly highlights contamination and flood risks, with direct hyperlinks to the relevant sections within the report. Risk ratings, summary maps, and consultant commentary are now unified on one page, allowing clients to quickly access the same insights as our consultants and build confidence in our conclusions. All data is analysed by a consultant and presented in plain English, free of jargon and acronyms, for clarity and accessibility. Author contact details are also prominently displayed for easy access to expert support.
Professional opinion
At Landmark, we believe that assessments without environmental consultant input fall short. Our reports empower consultants to apply their expertise, rather than simply echoing raw data, which often lacks context. A great example of this is in the flood section, where automated data can exaggerate the nature and extent of risk. Our consultants assess flood risk holistically, considering topography, land type, and existing water features, to provide a more accurate and representative outcomes. Justifications for these assessments are included in the commentary, ensuring transparency. We only report a risk as significant when it truly is.
Considering development?
With the government placing greater emphasis on energy scrutiny and the transition to a low-carbon economy, there’s a growing trend in renewable energy projects. Farm owners are increasingly seeing this as an opportunity to diversify their land, especially in areas that don’t yield strong returns from traditional farming. The good news is that, provided certain parts of the farm remain in agricultural use, the SiteSolutions Farm report can support redevelopment projects such as solar and wind farms.
Summary
Our farm report is tailored to the specific context of agricultural transactions, with bespoke recommendations that highlight potential liabilities and localised risks, from flooding to broader environmental factors unique to farmland. It offers comprehensive oversight for every transaction.
Explore the future of environmental due diligence
Landmark’s redesigned Argyll SiteSolutions reports set a new standard for environmental searches. With an intuitive design, industry-leading data interpretation, and upgrades that address today’s most pressing risks, these reports empower you to deliver exceptional service to your clients.
Discover the full portfolio here: https://hubs.la/Q03NgCTp0
When purchasing a residential property, especially a high-value or complex one, environmental risks are often overlooked until it’s too late. Industry analysis shows that skipping thorough environmental due diligence can lead to costly surprises, legal headaches, and even failed transactions.
Here’s why Landmark’s redesigned Argyll SiteSolutions Residence report could be your smartest investment in peace of mind.
When your clients dream home comes with a hidden legacy
Picture your client purchasing their ideal home, only to later uncover that the land beneath it was once used for industrial purposes, such as a gas works or depot. While not every case makes headlines, this kind of situation is not uncommon. There are numerous examples where homeowners have discovered soil contamination linked to historic land use, triggering a long and complex process to determine who is responsible for the clean-up costs.
One particularly striking case is in Willenhall, where residents endured a decade-long ordeal after discovering their homes were built on a former gas works site that closed in 1957. The properties were developed by McClean and E Fletcher Builders (now dissolved), and in 2007, Walsall Council began investigating the site as part of its contaminated land strategy. They discovered areas contaminated with benzo(a)pyrene, a known carcinogen, alongside heavy metals, tars, and a gasworks by-product called Blue Billy. The contamination posed a significant possibility of harm, and nearly 90 homes near Kemble Close, Oakridge Drive, and Brookthorpe Drive were declared affected.
In 2015, Walsall Council served a remediation notice on Jim 2 Limited, claiming the company was liable for the contamination. The firm appealed to the Planning Inspectorate, leading to a public inquiry. After years of legal wrangling, the local authority was left with a potential £2.5 million remediation bill, and residents were left in limbo, uncertain when or how the remediation would be completed.
Had a SiteSolutions Residence report been commissioned during the purchase process, our environmental consultants would have flagged the site’s industrial history and potential contamination risks through detailed historic land use analysis. This would have empowered buyers to renegotiate, seek further investigation, or walk away before committing.
Flood: the growing threat
Flooding is still too often seen as a concern limited to riverside properties. Today, more than 4.6 million homes across the UK are at risk from surface water flooding, a number that continues to rise.
When selecting an environmental search for a residential property, the SiteSolutions Residence report stands out as the most comprehensive choice. Our consultant-led flood risk assessments take into account the entire site, delivering a more accurate and practical understanding of flood exposure, particularly valuable for larger or more complex properties.
This boundary-based approach helps buyers and conveyancers:
- Identify flood risk across the full extent of the property, including gardens, driveways, and outbuildings.
- Provides advice on how flood risk may affect planned renovations, extensions, or future development.
- Flag potential insurance challenges or premium increases that could impact affordability or mortgage approval.
Understanding future risks
With the release of the Law Society’s Guidance on Climate Change in 2023, followed by the “Climate Change and Property” practice note for solicitors published in May 2025, environmental due diligence is now expected to go beyond present-day risks. As warmer, wetter winters and hotter, drier summers become more common, these shifting weather patterns, along with rising sea levels, are increasing the likelihood of hazards such as flooding, subsidence, coastal erosion, and heat stress.
To help buyers understand how these future scenarios could affect the usability, value, or adaptation needs of a property, our redesigned SiteSolutions Residence report offers the option to include or exclude climate change analysis, at no extra cost. This flexibility allows conveyancers and their clients to tailor the level of insight to suit the needs of each transaction.
This enhanced due diligence helps to:
- Highlight long-term environmental risks that may affect how a property is used or maintained over time.
- Identify areas where adaptation measures are required, such as flood defences or insulation upgrades may be necessary, helping clients plan for future costs.
- Demonstrate a proactive approach to risk management, aligning your advice with best practice and reinforcing your commitment to thorough client care.
By integrating climate change analysis, the SiteSolutions Residence report supports both home buyers and solicitors in navigating an evolving risk landscape, ensuring that your transaction is underpinned by robust, forward-looking due diligence.
Legal liabilities: protecting buyers and solicitors
Lack of environmental due diligence doesn’t just hurt buyers, it can also lead to legal claims against solicitors. Missed risks like contamination or flood zones can result in unexpected remediation costs, mortgage refusals, or even lawsuits. The Law Society recommends comprehensive environmental searches for all property transactions, especially for high-value or older homes. The SiteSolutions Residence report is manually written and reviewed by accredited consultants, providing clear, actionable insights that protect both buyers and legal professionals.
What makes the SiteSolutions Residence report different?
- Manual, consultant-led analysis: every report is written and reviewed by an IEMA-accredited environmental consultant, not just a computer algorithm. This enables enhanced due diligence of environmental risks.
- Bespoke risk assessments: the report evaluates potential contamination risks both on-site and in the surrounding area, helping you understand how historic or nearby contaminative land uses could create legal liabilities or impact future development plans. Our flood risk assessments also highlight any concerns that may affect the current use of the property or any proposed changes, ensuring you and your clients are fully informed before proceeding.
- Boundary-based reporting: the report assesses the actual site boundary, not just a central point, crucial for large or irregular properties.
- Actionable recommendations: bespoke guidance on next steps, so you’re never left guessing.
Don’t let your clients dream home become a nightmare
Whether you’re a buyer, solicitor, or property professional, the Argyll SiteSolutions Residence report is your safeguard against hidden environmental risks. It’s not just about ticking a box, it’s about making informed decisions, protecting your investment, and ensuring peace of mind.
Explore the future of environmental due diligence
Our redesigned Argyll SiteSolutions reports set a new standard for environmental searches. With an intuitive design, industry-leading data interpretation, and upgrades that address today’s most pressing risks, these reports empower you to deliver exceptional service to your clients.
Discover the full portfolio here: https://hubs.ly/Q03NgBtk0
Climate change is no longer a distant threat for the UK property sector, it’s a present-day reality, influencing everything from buyer behaviour to professional advice.
Landmark’s latest cross-market research draws on the perspectives of 150 senior property professionals, including 50 estate agents, 50 residential conveyancers, and 50 mortgage lenders, to reveal how the industry is adapting to this new landscape, where climate risk is now a central part of the conversation.
Climate risk moves to the forefront
Over the past year, concern about climate change has become nearly universal among property buyers and professionals. The sector is seeing this shift first-hand. The days when climate risk was a niche topic are over; it’s now a mainstream consideration that can make or break a transaction.
This heightened awareness is having tangible effects. Conveyancers report that buyers are increasingly willing to walk away from deals if climate risk reports raise red flags. The financial implications are significant, with concerns about mortgage approvals and insurance coverage now tied directly to climate-related findings.
What’s driving this change?
The research points to a shift from general uncertainty about climate change to more practical, property-specific concerns. Energy performance remains a top priority, but more regular heatwaves have pushed heat stress up the agenda. Buyers and professionals alike are asking tougher questions about how homes will cope with rising temperatures, and what features, such as, ventilation, insulation, and EV charging points will help future-proof their investments.
Flooding, once the dominant concern, has slipped down the list, replaced by worries about heat, subsidence, and even coastal erosion. This suggests a more nuanced understanding of climate risk, with buyers looking for homes that are resilient to a wider range of environmental challenges.
Professional advice is evolving
As climate events become more frequent and severe, property professionals are adapting their approach. The majority now recommend further due diligence, such as, climate risk reports earlier in the buying process. There’s also a growing trend towards upfront disclosure, with estate agents increasingly confident in discussing climate risks with clients from the outset.
However, the question of who should take responsibility for advising on climate risk remains open. While environmental specialists are still seen as key, more estate agents and conveyancers are stepping up, supported by new best practice guidelines and internal policies. The Law Society’s recent practice note has provided some clarity, but many professionals are still navigating how to put this guidance into practice.
Barriers and opportunities
Despite this progress, the sector faces real challenges. Uncertainty around regulation and a lack of clear client demand are slowing the pace of change. Data gaps, limited training, and the cost of new tools are also barriers that need to be addressed. Yet, there are signs of optimism: more firms are developing and publishing net zero strategies, and consumer demand for sustainable features is rising fast.
The road ahead
Landmark’s latest research makes it clear that the property sector is at a turning point. Climate risk is now a core part of property decisions, and the industry is responding with greater transparency, better advice, and a stronger focus on resilience. The journey isn’t over, there’s still work to do to embed best practice, clarify responsibilities, and support buyers in making informed, future-ready choices.
But as extreme weather becomes the new normal, one thing is certain: the property sector can’t afford to stand still. Those who adapt will be best placed to thrive in a climate-conscious market.
Download the full report to explore the data, insights, and recommendations shaping the future of UK property.
Climate change is now having a systemic effect on the property market. Landmark’s latest market research report – Climate change in the property sector: A cross-market update, seeks to understand what progress is being made on climate change related resilience and what notable barriers remain.
For this report, Landmark interviewed 150 senior property professionals: estate agents, residential conveyancers and mortgage lenders; all with decades’ worth of experience. In a muted market, beset by other pressures, conveyancers report buyers are increasingly walking away from risky transactions, suggesting a growing consumer sensitivity and more serious financial implications attached to climate data.
Some of the key findings of our 2025 research include:
- 99% of property professionals say their clients are concerned to some degree with the evolving / future potential threat of climate change when buying a property.
- 93% of property professionals say that recent climate events have impacted the way they advise clients to think about climate related risks and how they could affect their home.
- On average, property professionals are advising 52% of their clients on potential climate change risks to their property (up from 50% in 2024).
- Nearly three quarters (74%) of the conveyancers we spoke to now have a net zero strategy.
Download the report by clicking below.