Although consideration of Activity & Use Restrictions (AULs) has been included in previous ASTM methods, the ASTM E 1527-05 standard increased the importance of these restrictions. AULs are explicit restrictions on the uses and/or activities that are allowed on a property. The existence of an AUL should be considered an indication that the property is contaminated and not suitable for unrestricted use. For example, an “Industrial Use Only” restriction may indicate that contamination was partially cleaned up to meet industrial standards. Restrictions could also limit physical changes to the buildings, parking lots, etc.
ASTM E 1527-05 places the responsibility for identifying applicable AULs in title or judicial records on the prospective Buyer. To be eligible for LLPs, a property owner must also demonstrate that they have complied with all AULs.
Caltha LLP helps prospective Buyers research and evaluate AULs at commercial and industrial properties. To request a quote, go to Environmental Due Diligence Quote Page.