Planning and permits

Soil contamination

Pollutants in soil or groundwater from previous use.

Contamination can trigger remediation duties, costs and delays. Authority registers give first indications, but only a report with soil samples is reliable.

Investigation stages

Under the Federal Soil Protection Act, suspected sites are investigated step by step: historical research, an orientation survey with samples and, if confirmed, a detailed investigation. This shows whether remediation is required and which measures are possible, such as excavation, containment or groundwater treatment.

Liability

Those responsible for remediation can include the polluter, the owner and the party in actual control. A buyer therefore assumes a public law risk with the site. Purchase agreements provide for indemnities, retentions or remediation agreements. Contaminated excavated material causes additional costs in any construction project, even without a remediation obligation.

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