In the light of the growing risk posed to property by flooding, the Law Society has issued new guidance to all of those involved in transactions where property likely to be affected by flooding is involved.

Although the note begins with the caveat that “Solicitors are not qualified to give advice on flood risk or interpret technical flood reports”, nevertheless the general tenor of the note is such that it is clear that property solicitors who do not raise flooding issues with clients, and who do not help their clients to investigate issues relating to flooding, may be negligent in not having done so.

The note states that firms should encourage clients, “prior to their entering into a contract, to make sure that insurance can be obtained for the property on acceptable terms” and that they should liaise with clients in relation to which, if any, flood searches or other investigations, may be appropriate.

In the light of this, all firms are advised to make themselves aware of the contents of this note and to consider what procedures, if any, they are to adopt within the firm to ensure that issues of this sort are considered.

For more information go to the Flood Risk Practice Note on the Law Society web site.