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.

Subsidence and mining aren’t exactly the glamorous side of property (unless you’re particularly fond of soil classifications), but they’re hugely important for understanding how safe, stable and mortgage‑friendly a home really is.

For conveyancers, agents and lenders, these risks sit quietly beneath the surface – sometimes literally – waiting to be discovered during due diligence.

For buyers, too, they matter more than most realise. After all, nobody wants to move into their dream home only to learn it’s doing a gradual impersonation of the Leaning Tower of Pisa.

What Do We Mean by Subsidence?

Subsidence is the downward movement of the ground beneath a building, causing the structure to shift or crack. It can be triggered by:

Shrink‑swell clay soils

These expand in winter, contract in summer, and generally behave like a moody teenager – unpredictable and occasionally dramatic.

Tree roots

Large trees can draw moisture from the soil, causing it to contract. Lovely to look at, less lovely when your bay window starts to twist.

Drainage or leaks

Escaping water can wash away fine materials in the soil, undermining foundations.

Historic development or ground disturbance

Old landfills, made‑up ground or former industrial plots can behave inconsistently over time.

While many causes are harmless or easily managed, some require early attention to avoid major repair bills later.

Where Does Mining Risk Come In?

Mining activity, especially historic coal, tin, ironstone or chalk works, can leave behind voids, shafts, tunnels or weakened ground. These aren’t always obvious on the surface, but they can affect stability long after the last miner clocked out.

Mining risks can include:

  • Old mine workings
  • Collapsible ground
  • Unrecorded shafts
  • Opencast sites
  • Ground gas issues in former mineral areas

Properties in historic mining regions often require a specialist mining report, which is as thrilling as it sounds but very important.

Why Subsidence & Mining Matter in Conveyancing

Both issues influence safety, long‑term maintenance, mortgageability and insurance. Lenders want reassurance that the property isn’t at unusual risk, insurers want to price the risk accurately, and buyers want walls that don’t crack every time it rains.

Common red flags include:

  • Reports of past subsidence
  • Claims history
  • Local geology indicators
  • Known mine workings
  • Previous stabilisation works
  • Structural movement noted in surveys

Explaining these clearly to clients builds trust and helps them understand whether the risk is low, manageable or something that needs deeper investigation.

How Buyers Can Protect Themselves

Fortunately, most subsidence and mining risks can be understood early through:

  • Environmental and mining searches
  • Building surveys
  • Engineer evaluations where needed
  • Local authority knowledge
  • Specialist Coal Authority reports
  • Checking insurance history
  • Talking to neighbours (always more fun than it sounds)

Early clarity helps avoid renegotiations, insurance surprises or unwelcome discoveries after completion.

Subsidence and mining might not be the most exciting topics at a viewing, but they’re among the most important. These issues don’t have to be deal‑breakers; in fact, most are perfectly manageable when spotted early. The real value comes from taking a calm, methodical look at the property’s history and the ground beneath it.

Think of subsidence and mining risks as the quiet characters in the background of the transaction: not showy, not dramatic, but incredibly influential. Spot them early, explain them clearly, and your clients will feel far more grounded… in every sense.

Assets of Community Value are one of those charming quirks of the planning world: part community empowerment, part legal mechanism, part “please don’t bulldoze our favourite pub.”

They’re small in scope, but big in spirit – and they matter more than most buyers realise.

For conveyancers and agents, a solid understanding of ACVs helps explain why certain listings appear in searches, why some sales take longer than expected, and why that quiet village hall suddenly has surprising legal importance.

What Is an Asset of Community Value?

An Asset of Community Value is a building or piece of land that local people believe significantly benefits community life. Think village greens, football pitches, community centres, the classic “last remaining pub,” or even a much‑loved café that hosts half the town’s clubs and classes.

Local groups can nominate a property to be listed by the council. If accepted, the property is officially placed on the ACV register for five years. During that time, any intention to sell triggers special rights for the community.

So yes, sometimes the locals really can put a pause on the big developer’s plans… at least for a little while.

Why Do ACVs Matter in Property Transactions?

When a property is listed as an ACV, it appears on the Local Land Charges Register. That means conveyancers instantly pick it up in searches. The ACV status doesn’t stop a sale, but it can add steps:

  • The owner must notify the council before selling.
  • A 6‑week interim moratorium begins.
  • If a community group expresses interest, a 6‑month full moratorium kicks in.
  • During that period, the property cannot be sold to anyone else.

The owner isn’t required to accept a community bid, but the moratorium still applies. It’s a pause button, not a veto.

How Long Do ACVs Last?

ACV listings last five years, after which they expire unless the community reapplies. Once expired, the entry should be removed from the register – this is why it’s important to check whether the status is current rather than simply lingering on paperwork.

Who Should Care About ACVs?

Everyone involved in the transaction… but especially buyers.

ACVs can affect:

  • Timescales (thanks to moratorium periods)
  • Development potential (although not directly restrictive, they signal local interest)
  • Public perception (no one wants to be “that person” who closed the community’s favourite asset)
  • Long‑term plans for the site

If a client wants to renovate, redevelop or repurpose a building, an ACV listing is a hint that local opinion might be… enthusiastic.

ACVs are one of those little flags that pop up in searches and make everyone lean in a bit closer. They’re not there to derail transactions, but they do tell a story about how much the community values a place… and that story matters. Taking a moment to explain what an ACV is, how long it lasts, and what it means in practice can calm nerves before they even start to fray.

Handled early, ACVs become a well‑managed part of the journey rather than an unexpected speed bump. Think of them as the neighbourhood raising a polite hand to say, “We care about this one.” A quick explanation, a check of the dates, and a little clarity go a long way – turning what looks like a complication into a simple, human part of the conveyancing process.

Traffic schemes may not sound glamorous (unless you’re the sort of person who gets excited by bollard spacing), but they play a huge role in shaping neighbourhoods.

… and, by extension, the experience of living, working or investing in a property. For conveyancers and agents, they’re one of those deceptively important background factors that can influence everything from parking to noise to accessibility.

What Are Traffic Schemes?

A traffic scheme is any planned change to the way people and vehicles move around an area. Councils introduce them to improve safety, manage congestion, support public transport, encourage active travel or simply bring a bit of order to a street where chaos has become a daily sport.

Most traffic schemes are powered by a Traffic Regulation Order – the formal legal tool that turns “please don’t park here” into “definitely don’t park here unless you enjoy unexpected fines.”

The Common Types of Traffic Schemes

Traffic schemes come in many forms, and you’ve probably encountered most of them without realising they had official names.

Common examples include:

  • Traffic calming

Speed humps, raised tables, and chicanes designed to slow down drivers. These measures aim to protect vulnerable road users and encourage safer speeds.

  • Controlled Parking Zones (CPZs)

Areas where on‑street parking requires a permit.

  • Weight and width restrictions

Designed to stop heavy lorries from thundering down residential streets better suited to pushchairs and wheelie bins.

  • One‑way systems and turn bans

Helpful for reducing collisions, though occasionally guilty of confusing anyone who relies on instinct rather than signposts.

  • Pedestrianisation and public realm changes

Turning streets into people‑first spaces with fewer cars, better air quality, and (if the council is feeling fancy) planters. However, people forget that traders need access to Dixons…

  • Cycle tracks and bus lanes

Infrastructure that supports greener transport and, more importantly, offers cyclists a safe space to pedal.

Why Traffic Schemes Matter in Conveyancing

For homeowners and businesses, traffic schemes influence accessibility, parking, noise levels, commuting patterns, delivery routes, and general convenience. That means they can subtly influence desirability, value, and even lifestyle.

For professionals, they matter because proposed or existing schemes often appear in CON29 enquiries. Buyers want to know whether a road is about to become one‑way, whether parking is being restricted, or whether an upcoming scheme might affect access during construction.

Traffic schemes may look like tiny adjustments to a map, but they can have a remarkably big impact on daily routines, from school runs to supermarket dashes. That’s why taking a moment to understand them during conveyancing is such a good investment. It gives your clients confidence, clears up assumptions before they cause trouble, and helps everyone know what to expect. Think of traffic schemes as the subtle foreshadowing of neighbourhood life: they hint at how a place is evolving. Spot them early, explain them clearly, and they become part of the story rather than a surprise plot twist halfway through the transaction.

A Section 106 agreement is one of the most important tools local authorities use to make development acceptable.

When a new scheme is likely to put pressure on roads, schools, open space, healthcare or community facilities, a s106 agreement helps ensure the local area isn’t left picking up the bill… and that the development genuinely works for the community.

For anyone involved in buying, selling or advising on property, understanding the basics of s106 can save a lot of confusion (and sometimes a lot of money).

Lets dive in…

What does a s106 agreement actually do?

In simple terms, it’s a legally binding commitment between the developer and the local authority. It can:

  • Secure affordable housing contributions
  • Fund infrastructure like transport improvements or new public spaces
  • Provide community facilities such as parks or play areas
  • Restrict or control how the land is used
  • Require mitigation measures to minimise negative impacts (e.g., noise, traffic, landscaping)

While planning permission sets the rules, a s106 agreement sets the responsibilities.

How is it secured and how long does it last?

A s106 agreement is attached to the land itself, not the developer. That means future owners inherit any outstanding obligations until the council confirms they’ve been discharged.

A s106 will:

  • Be recorded as a Local Land Charge
  • Remain binding until fully complied with
  • Normally become visible in searches, even many years after completion

This is why conveyancers treat s106 entries with such care; they can affect value, use, timescales, and sometimes even mortgageability.

Variations and legacy agreements

Planning evolves, and so can s106 obligations. You may also see:

  • Deeds of Variation: where the authority and developer agree changes (often due to viability or design updates)
  • Section 52 agreements: older versions dating from the 1970s, still enforceable where they remain on the record

They all matter because they can impose conditions or financial obligations long after the development was first approved.

Why s106 matters in conveyancing

A s106 agreement can shape:

  • What the buyer can and can’t do with the land
  • What payments or works are still outstanding
  • Whether all conditions were met correctly
  • Whether affordable housing restrictions apply
  • Whether any future obligations might fall onto the new owner

Buyers rarely expect to inherit a clause requiring, for example, a payment towards a cycle route – but if it’s still undischarged, they need to know.

A clear s106 check helps avoid surprises, delays or misunderstandings between buyer, seller, agent and lender.

Section 106 agreements sit quietly behind most medium‑to‑large developments, making sure the benefits of growth are fairly shared. For property professionals, they aren’t just paperwork – they tell the story of how a site came to be, what promises were made, and what’s still expected.

A quick s106 review can reveal whether obligations were tied up neatly or whether loose ends remain. And when things aren’t quite wrapped up, spotting it early means there’s time to renegotiate, clarify or put protective wording in place – long before contracts are exchanged.

Think of s106 as the fine print of place‑making: essential, often overlooked, but hugely important to the people who live, work and invest in the area. Get it right early, and the rest of the transaction runs far more smoothly.

When development happens, someone needs to pay for the roads, schools, parks and services that help an area cope with growth. That’s where the Community Infrastructure Levy comes in

They are a tool used by many local authorities to collect a standardised financial contribution from developers.

Here, in a nice, tea break-sized blog, is all you need to know:

So, what exactly is a Community Infrastructure Levy?

CIL is a fixed, non‑negotiable charge set by a local authority and applied to certain types of new development. Unlike Section 106 contributions (which are negotiated case‑by‑case), CIL uses a published charging schedule so everyone knows upfront what’s expected.

It only applies in areas where the council has formally adopted it, so while some parts of the country use CIL routinely, others rely more heavily on s106 agreements.

When does CIL apply?

CIL liability is triggered by development, usually measured by new floorspace (typically over 100m² unless it’s a new dwelling). Once planning permission is granted, the developer must:

  • Assume liability
  • Submit a Commencement Notice
  • Pay according to instalments in the authority’s policy

Missing any of these steps can result in surcharges… something conveyancers are keen to avoid.

CIL vs Section 106: what’s the difference?

This is a question conveyancers hear weekly. The short version:

  • CIL = fixed charge, set out in the charging schedule
  • s106 = negotiated obligations, often tied to site‑specific impacts (e.g., affordable housing, open space mitigation)

Importantly, both can apply to the same development. CIL doesn’t replace s106, it simply reduces the need to negotiate everyday infrastructure costs.

Why it matters in conveyancing

If CIL liability exists, it binds the land, not the person who created it. This means buyers could inherit unpaid CIL unless paperwork is watertight.

Conveyancers should always check:

  • CIL liability notice
  • Assumption of liability
  • Any surcharges
  • Whether commencement was properly notified

CIL keeps infrastructure funding predictable and transparent – great for planning, but absolutely essential to get right during due diligence. A quick CIL review won’t just prevent expensive surprises later; it also protects your client from inheriting someone else’s liability, avoids last‑minute delays, and helps clarify the development history attached to the property.

In practice, checking CIL is one of those small steps that gives everyone – buyers, lenders and solicitors – real peace of mind. When the numbers add up, the notices line up, and the paperwork shows a clean trail, the whole transaction moves more smoothly. And when something doesn’t look right, spotting it early is the difference between a minor correction and a major headache.

In short: treat CIL like an early‑warning light on the dashboard – quick to check, invaluable when it’s flashing, and best handled before the journey goes any further.