Environmental liability directive
The Environmental Liability Directive is intended to protect the environment (water, land and nature) by holding those that cause damage to the environment liable both legally and financially. The Directive came into force in April 2004 but only concerns damage that occurred after the deadline for Member States to transpose the Directive in April 2007.
The Directive covers damage to:
- Species and natural habitats that are protected by the 1992 Habitats Directive and the 1979 Birds Directive.
- Waters that are included in the 2000 Water Framework Directive.
- Contamination of land that could result in a significant risk of damage to human health.
Annex III of the Directive lists certain high-risk activities to which strict liability applies. This means that operators will be held liable for damage, even if they are not at fault, although this strict liability is subject to the ‘mitigating considerations’ in Article 8(4).
For activities not listed in Annex III, operators can also be held liable for damage to protected species and natural habitats (but not land and water), if they are found to be at fault or have been negligent. Therefore, if an operator damages biodiversity through undertaking an un-listed activity, but is not at fault or the damage is to soil or water, the operator will not be liable under the Directive.
An operator is considered to be any person who operates or controls an operational activity.
The Directive is implemented in the UK through the following legislation:
- England: Environmental Damage (Prevention and Remediation) Regulations 2009.
- Wales: Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.
- Scotland: Environmental Liability (Scotland) Regulations 2009.
- Northern Ireland: Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki.
- Contaminated land.
- Designated areas.
- Environmental Impairment Liability (EIL).
- Habitats regulations assessment.
- Natura 2000 network.
- Special areas of conservation.
- Special protection areas.
- Water framework directive.
[edit] External references
Featured articles and news
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.