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
The Home Energy Model and its wrappers
From SAP to HEM, EPC for MEES and FHS assessment wrappers.
Future Homes Standard Essentials launched
Future Homes Hub launches new campaign to help the homebuilding sector prepare for the implementation of new building standards.
Building Safety recap February, 2026
Our regular run-down of key building safety related events of the month.
Planning reform: draft NPPF and industry responses.
Last chance to comment on proposed changes to the NPPF.
A Regency palace of colour and sensation. Book review.
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.