New clean-up legislation could hit homeowners where it hurts - in the pocket. Stephen Lewis reports.

Homeowners could in principle face bills running into tens of thousands of pounds if their homes have been built on contaminated land under legislation which has just come into force.

The warning comes from York law firm Harrowell Shaftoe who are concerned that homeowners could be hit with devastating bills through no fault of their own.

The new rules are aimed at cleaning up contaminated land and give powers to local authorities to make individual homeowners pay for the clean up costs, where the original contaminator cannot be traced.

All local authorities in England must compile a register of contaminated land in their area under a section of the Environmental Protection Act 1990 which has just come into force.

Local authorities must first identify the polluter of the land and where possible reclaim the cost of the clean-up from them, but if the polluter cannot be traced, then under the legislation local authorities have the power to make the owners or occupiers of property built on the land pay instead.

Robert Seaton, Harrowell Shaftoe's head of conveyancing, said: "This really is an invidious piece of legislation which could have a devastating effect on many ordinary families. Usually new legislation is not retrospective so that people are not punished for the sins of their fathers, but not in this case.

"It is particularly harsh that local authorities will have little option but to take action against homeowners if they cannot find the original polluter leaving innocent people with bills possibly running into tens of thousands of pounds to pay."

Under the Act contaminated land is defined as land where a significant harm to health, ecology, property or water pollution is likely to occur.

That could mean brownfield land where a factory, tannery or works once stood - or any other land that harbours a potential pollutant.

Unfortunately, contamination may take many years to show itself - but no matter how long ago the original pollution was caused, property owners could still find themselves liable.

Officials at City of York Council have confirmed that theoretically, the council would have power to force the owners of homes sitting on contaminated land to pay for it to be cleaned up, if the council could not trace the original polluter.

But the council's head of environmental health services, Andy Hudson, today sought to reassure homeowners that that would not happen.

Just because a house was built faced with a bill." The council will be publishing its Contaminated Land Strategy, setting out how it aims to identify and then clean up any potentially contaminated land in the city, next month. Copies will be available for viewing at 9 St Leonard's Place.

Officials will spend the next two years trying to identify possible areas of contaminated land, using old maps and records, as well as speaking to local people.

Anyone worried about the land their home is built on should ask the council's contaminated land officer Liz Jarvis for advice. She should be able to advise on how to make further checks.

Mr Seaton says if homeowners or potential homebuyers are really worried, there are other steps that can be taken to protect themselves.

"First of all housebuyers should ensure they use a qualified and experienced conveyancing solicitor to carry out proper environmental searches and inquiries on their prospective purchase," he says.

"Secondly, it would be wise for purchasers to consider special insurance cover which is now available for a one off payment of as little as £25. This provides homeowners with cover of up to £1m for 25 years."

- The city council's contaminated land officer Liz Jarvis can be reached on York (01904) 613161.