The Government’s inaugural PFAS Plan signals a decisive shift towards more proactive research, monitoring and regulation of so-called “forever chemicals”.

But what does this mean in practical terms for operators, landowners and investors? And are brownfield and former industrial sites about to face a new wave of scrutiny?

Ross Smith, Senior Associate – Minerals and Land Contamination at Fisher German, says there is no need for alarm, but early action is critical.

“PFAS comprise more than 10,000 synthetic chemicals valued for their resistance to heat, water and oil, but that durability is the problem.

“These chemicals are toxic and are present in a vast array of products including textiles, furniture, electronics, semiconductors, printing facilities, fire-fighting foams, plastics, coatings, and much more. Their impact has far-reaching consequences.

“They persist in soil, groundwater and surface water because of their strong carbon-fluorine bonds and they accumulate over time. That creates long-term environmental and health concerns which regulators can no longer ignore.

“Government guidance is now in place and further reviews are expected as research continues. While the UK hasn’t imposed a blanket ban, regulatory scrutiny is intensifying globally, and the Government has acted to set forward a pathway for monitoring their use and impacts.

“Investors face mounting litigation risks and reputational hazards tied to contaminated sites, with PFAS liabilities threatening asset valuations.

“We have already started working with clients who have hundreds of sites within their portfolios who have commercial properties where this could be applicable.

“Brownfield sites are particularly vulnerable, and the PFAS Plan emphasises a focus on legacy contamination, although PFAS could still be in the supply chain so there is an on-going risk to contend with as well.

“A good example is fire-fighting foam used on industrial sites and fire training grounds which contains PFAS. Alternatives are now being used, but PFAS use in fire-fighting foams is not yet fully banned in the UK. This can enter drains and rivers nearby and now that this has been discovered to be harmful, there is a legacy there which has been accumulating for many years.

“PFAS contamination can be remediated but because the contamination itself is so difficult to break down, this can be really difficult and costly to resolve.

“Brownfield sites will be assessed for PFAS as part of the due diligence process for acquisition or as part of the planning permission process.

“It can also become quite complex if a site has had multiple owners and occupiers, so determining where responsibility lies can become tricky.

“This is the first time we have had a Government framework on PFAS, but as part of the Phase 1 and Phase 2 Geo-environmental Risk Assessments that we produce for our clients, this is part of our reports.

“When buying industrial land or property, it is important to question the vendors about site activities and PFAS use or storage and investigate the historic and current use of the site and its proximity to known PFAS sources, as well as to follow up with site investigation to clarify potential liabilities.

“The next main driver for having completed due diligence is for insurance companies because policies may start to exclude PFAS-related risks, so it is important to review your insurance cover. This is becoming a particular trend in the USA so it is expected that insurance companies in the UK will start paying closer attention to this.

“It is important that property owners, investors, and operators don’t panic and seek advice from experts to assess their existing investments and put together a risk management strategy.

“That will involve mapping PFAS exposure across a portfolio, past and present; scrutinising supply chains and eliminating PFAS where feasible; staying informed on shifting regulations and litigation trends; and committing to regular reviews, due diligence and investigations to safeguard investments.”