Are there any environmental or contaminated site risks on the plot of land where I own my home?

The analysis: How to identify and assess contaminated sites on a property

To ensure your dream home stands on sound ground, you need to research the plot's history. Checking for environmental contamination on a property is easier than ever thanks to digital tools, but it still requires an understanding of the different categories.

What exactly are contaminated sites on a property?

Not every type of pollution is legally considered a contaminated site. The term "contaminated site" refers to polluted locations that have harmful or disruptive effects on the environment and require remediation. There are three main sources of contaminated sites :

• Disposal sites: Former landfills (including small, private "dirty holes" that were common in the past) where waste was buried. Such contaminated sites on property can release gases or leachate.
• Industrial sites: Areas where work was carried out with environmentally hazardous substances (old paintings, gas stations, dry cleaners, electroplating plants). These sites often contain legacy pollutants in the form of solvents or heavy metals.
• Accident sites: Places where pollutants entered the soil due to accidents.

The register of contaminated sites ( KbS )

The most important tool for identifying contaminated sites on a property is the KbS ( Contaminated Sites Register ). Every canton maintains this register, which is publicly accessible online.

• The traffic light logic: If you search for your plot and find no entry, the risk of contaminated land on the property is low (but not zero, as not everything is recorded).
• Entry present: If you find an entry regarding contaminated sites on a property , you need to look closely. The land register distinguishes between:
• Contaminated, but not requiring investigation: There is legacy pollution on the property , but no current danger.
• Investigation required: There is suspicion of contamination. Before construction or purchase takes place, it must be determined how serious the existing contamination on the property is.
• Remediation required: There is imminent danger here. The contaminated soil on the property must be removed or contained.

The financial risk: Who will foot the bill?

The Environmental Protection Act regulates the allocation of costs for contaminated sites on land . The polluter pays principle applies: whoever caused the contamination on the property is responsible for paying.

• The reality: Often the perpetrator (e.g., a company from 1950) is long since bankrupt or can no longer be found.
• The owner is liable: If the polluter fails to appear, the current landowner is liable as the "disruptor of the condition" for the remediation of the contaminated land on the property .
• The costs: Soil remediation can quickly cost hundreds of thousands of Swiss francs (excavation, disposal as hazardous waste). If the remediation costs for contaminated land exceed the value of the land, the property becomes worthless.

Contamination on the property and the bank

Banks are extremely cautious about contaminated sites on properties . They check the site 's environmental impact assessment (EIA) before granting a mortgage .

• If the bank finds an entry about environmental contamination on the property , it will usually refuse the loan or drastically reduce it until a clearance certificate is provided.
• Resale value also suffers significantly due to environmental contamination on a property . Even if there is no immediate danger, the designation "contaminated site" deters buyers. A house with environmental contamination on the land is a hard sell.

Building on contaminated soil

Do you plan to build or extend the property (e.g., excavate for a pool)?

• If there are contaminated sites on the property , every spadeful of earth becomes expensive. The excavated material is considered hazardous waste.
• You need permits and expert reports. The disposal costs for contaminated soil on a property can easily exceed the construction budget. Therefore, checking for contaminated sites is even more critical for new construction projects or extensions than for existing properties .

Contractual protection during the purchase

How do you protect yourself if you are unsure whether there are any environmental hazards on a property ?

• Warranty: Standard contracts often exclude warranties ("as is"). Never accept this with regard to environmental contamination on the property .
• Insert clause: Insist that the seller assures that he is unaware of any environmental contamination on the property and that there are no entries in the KbS ( German Contaminated Sites Register ).
• Right of withdrawal: Agree on a right of withdrawal in case it turns out after the purchase that there are environmental hazards on the property that require remediation.

Radon and asbestos: The other "legacy pollutants"

In addition to the classic environmental hazards on the property in the soil, there are dangers in the building.

• Asbestos: Almost standard in houses built before 1990. Although it is not considered a classic contaminated site under land law, it is a hazard inherent in the building structure.
• Radon: A naturally occurring, radioactive noble gas from the ground. It is more prevalent in certain regions (e.g., the Alps, Jura Mountains). Check the radon map of the Federal Office of Public Health (FOPH) to see if your property is located in a risk area. While high radon levels are not legally considered environmental contamination on a property , they do pose a health risk from the subsurface.

Conclusion

The question "Are there any environmental or contaminated site risks on my property?" is one of the most important questions in due diligence. Contaminated sites on land are invisible asset destroyers . An entry in the land register can mean you're sitting on a powder keg – financially and ecologically.

Don't trust the pretty picture. Checking the register of contaminated sites is essential to identify any environmental contamination on your property. To rule out potential contamination , in cases of suspected contamination (e.g., proximity to former industrial sites), a soil sample from a geologist before purchase is worthwhile. The few thousand francs for the report are a sound investment if they prevent you from acquiring a property with contaminated land , the remediation of which would bankrupt you. Those who proactively check for contamination on their property buy with peace of mind and secure the long-term value of their investment.

If you want to quickly check whether your desired property is located in a suspected area for contaminated land or what the radon levels are in the region, Loft offers comprehensive site analyses and data queries for your safety.

Glossary

• Contaminated sites on property: Polluted sites (landfills, industrial areas, accident sites) that have harmful effects on the environment and need to be remediated.
• Cadastre of contaminated sites ( KbS ): The public register of the cantons in which known or suspected contaminated sites on land are registered.
• The party responsible for the contamination: The current owner of the property. They can be held liable for the remediation of contaminated land if the original polluter cannot be located.
• Polluter pays principle: The principle that the person who caused the contamination on the property bears the costs. Often difficult to enforce in practice.
• Remediation requirement: The status of contaminated sites on a property where there is a risk to protected resources (e.g., groundwater) and measures are absolutely necessary.