Relevance of Environmental Risk in property development and property transfer is fundamentally changing.
Lenders, Investors and Creditors are now viewing environmental risk as a factor in determining the availability and cost of finance (lower interest rates etc).
Such environmental risks may involve contamination of land involving heavy metals such as arsenic, cadmium and lead, but may even include:
- oils and tars
- chemical substances and preparations, like solvents
Contaminated land may previously have been used as a:
- steel mill
Companies need to find ways to give confidence to 3rd party stakeholders that the asset has the appropriate risk management framework and reduction in place. This, especially in transactions, is leading to significant increased costs and time.
By de-risking the environmental outcome upfront, this significantly improves 3rd party stakeholder confidence that the value and liquidity of an asset or a development project is retained, if not enhanced.
Insurance can be a vital tool in facilitating deals in the transaction and financing space; taking an important role in managing environmental risks to assets and projects, by giving 3rd party stakeholders confidence to partner or buy the asset.
Our specialist policies focus first and foremost on the land legacy and development risk and provide confidence to 3rd party stakeholders through the life cycle of a development project, with a particular focus on site acquisition, site development and site divestiture.
Historically environmental issues were predominantly internalised. When environmental risks have emerged, especially within a property transaction, the mechanisms used to manage it are:
- Additional investigation or even remediation of known issues
- Contractual representations and warranties (for unknown risks only)
- A contractual indemnity policy to protect all stakeholders
- A bespoke risk management plan, allowing the developer a clean exit from the site.
If you are interested in working with Reich and would like to discuss your requirements further, please contact our specialist team today.
- Expert advice – from a dedicated, named specialist, with access to the entire insurance market (and an in-house claims team), who can guide you every step of the way
- Site acquisition – covering the known and unknown legacy liability risk which the developer will inherit in buying the site for the development project
- Site development – covering the exacerbation of and creation of new contamination issues arising from development
- Site divestiture – covering all legacy land issues, not just those inherited, but also those arising from development
- Tailored solutions – bespoke to your unique and specific needs.