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Checking contaminated sites and soil contamination before the purchase: prior use, atlas and contract

Why possible soil contamination must be checked before buying a plot: contaminated sites, indications from prior use and the atlas and securing it in the contract.

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BRANDAUER Rechtsanwälte

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29 June 2026 · Mag. Bernhard Brandauer, Rechtsanwalt

Anyone buying a plot thinks of location, size and price. The soil itself often goes unnoticed. Yet a contaminated site or soil contamination from a prior use can lead to high remediation costs and considerably reduce the value of a plot. Such contamination is usually not visible from the outside.

This post explains what contaminated sites are, where you can inform yourself, what role the prior use plays and how you secure the topic in the purchase contract. The post does not replace a technical and legal review of the individual case, because the legal rules and the actual circumstances can differ.

From a lawyer’s perspective, the question of possible soil contamination is part of the careful preparation of a plot purchase. Anyone who checks the prior use, consults the contaminated sites atlas and includes a provision in the contract protects themselves against a costly legacy in the ground.

Classifying the risk

Checking contaminated sites and soil contamination before the purchase

Answer one to three questions on the use and on possible indications. You receive a first classification of what to watch out for.

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01 Question 1

How has the plot been used so far?

The prior use gives a first indication of a possible contamination risk. Commercial or industrial uses are more likely to be linked to soil contamination than pure residential use.

All paths at a glance

Overview of all answers.

01

With pure residential or agricultural use, the risk is lower, but not zero.

If the plot was used only for residential or agricultural purposes and there are no indications of contamination, the risk of contaminated sites is generally lower. It still cannot be ruled out entirely, for instance in the case of earlier fillings or a use in the neighbourhood.

A look into the contaminated sites atlas and the question about the prior use never hurt. Our contract risk check offers a first orientation on the contract review.

02

Without knowing the prior use, the basis for the risk assessment is missing.

As long as the prior use is unknown, the contamination risk cannot be assessed. Ask the seller about the history of the plot and look it up in the contaminated sites atlas maintained by the Environment Agency. This way you recognise indications of possible contamination.

Have open points clarified before any commitment. Which documents you should obtain for this is shown in our checklist on the documents before the contract review.

03

With an entry or concrete indications, special caution is advised.

If there is an entry in the contaminated sites atlas or concrete indications of contamination, you should not buy without technical and legal review. Soil contamination can cause high remediation costs and trigger obligations under the Contaminated Sites Remediation Act. Anyone who signs hastily here may bear considerable risks.

Have the extent and consequences of the contamination as well as the contractual allocation of risks reviewed. Booking a first consultation (72 euros) helps assess the situation.

04

With a checked prior use and a contractual provision, the acquisition is secured.

If the prior use is checked, the contaminated sites atlas consulted and the topic of contamination regulated in the contract, your acquisition is well secured. A warranted freedom from contamination can, in the event of later contamination, trigger warranty claims under the ABGB, which strengthens your position.

Nonetheless, make sure that the provision is clearly formulated and that no indications were overlooked. How warranted qualities and defects relate is explored in the post on warranty for hidden defects.

05

Without a contractual provision, the contamination risk stays with you.

Do not rely on verbal statements about the soil condition. If the contract says nothing about contamination, you may bear the consequences alone in the event of later contamination. Have a warranty or a provision on the warranty included in the contract, so that you are protected.

This way it is ensured that concealed contamination has consequences and that you are not left with the costs. Booking a first consultation (72 euros) helps to draft the clause cleanly.

What contaminated sites and soil contamination mean

A contaminated site is, in simplified terms, contamination of the soil or groundwater that stems from a prior use and can pose a risk to people or the environment. Typical sources are former industrial and commercial areas, filling stations, workshops or landfills. Fillings with contaminated material also come into consideration.

The legal framework for recording and remediating contaminated sites in Austria is primarily the Contaminated Sites Remediation Act. The contaminated sites atlas maintained by the Environment Agency, accessible via altlasten.gv.at, lists confirmed contaminated sites. A missing entry, however, does not necessarily mean that no contamination is present.

For the purchase, it is important that soil contamination can have considerable consequences, from remediation costs to restrictions on use. Our contract risk check offers a first orientation on the contract review.

Prior use, indications and warranty

The most important first step is the question about the prior use. If there was a business, a filling station or a landfill on the plot, the risk is higher than with pure residential use. The contaminated sites atlas, information from the municipality and the history of the plot also give indications.

If soil contamination emerges after the purchase, this can concern the warranty under the ABGB. If freedom from contamination was warranted or a particular soil condition assured, a deviation can trigger claims. What counts is what is in the contract and what the seller disclosed.

Therefore do not rely on verbal statements. What counts are the checked facts and the contract. How warranted qualities and defects relate is explored in the post on warranty for hidden defects.

The key points

What to watch out for with possible contaminated sites

These points decide whether you know the soil risk and whether the contract protects you.

Points around contaminated sites and soil contamination when buying a plot, with a recommended approach and a possible risk
Point Recommended Possible risk
Prior use Checked Prior use asked and documented Contamination from business or landfill overlooked
Contaminated sites atlas Consulted Entry or indications queried Trusting the missing entry alone
Technical review Obtained on suspicion Soil examined where indications exist Remediation costs known only after the purchase
Disclosure Obtained Seller statements recorded in writing Concealed contamination without evidence
Contract Regulated Warranty or quality agreed Risk stays solely with the buyer

The framework for recording and remediation is the Contaminated Sites Remediation Act. Confirmed contaminated sites are listed in the contaminated sites atlas of the Environment Agency. The extent and consequences of contamination are to be reviewed technically and legally in the individual case.

Caution before buying a plot: Soil contamination is usually not visible from the outside but can cause high costs. Check the prior use, look into the contaminated sites atlas and have a provision included in the contract. Booking a first consultation (72 euros) can quickly create clarity here.

The drafting in the purchase contract

The purchase contract should expressly address the topic of soil condition. If freedom from contamination is warranted, that belongs in the contract as a warranted quality. If there are indications of contamination, a technical examination before the purchase or a clear provision on bearing any remediation costs can make sense.

It is also sensible to have the known use history and any expert reports presented by the seller and to record his statements in writing. This way it can later be proven what was disclosed and what was not. A blanket exclusion of warranty should be reviewed critically.

Because the technical and legal questions are demanding, support from a law firm is sensible. Which points should be clarified before signing is explored in the post on checking the property purchase contract before signing.

FAQ

Contaminated sites and soil contamination before the purchase.

Where can I search for contaminated sites? +

Confirmed contaminated sites are listed in the contaminated sites atlas maintained by the Environment Agency, accessible via altlasten.gv.at. In addition, information from the municipality and the question about the prior use help. A missing entry, however, does not reliably rule out contamination.

Who is liable if the soil is contaminated? +

That depends on the individual case and on the contract. Soil contamination can concern the warranty under the ABGB, above all if a particular condition was warranted or contamination was concealed. In addition, public-law obligations can arise from the Contaminated Sites Remediation Act.

Should I have a soil examination done before the purchase? +

Where there are indications of contamination, such as a commercial prior use, a technical examination of the soil before the purchase is advisable. This way you avoid acquiring a plot whose remediation later causes high costs. With pure residential use and no indications, the risk is lower.

Going deeper

Further topics around contaminated sites

Contract review

Our main guide on how to check the property purchase contract before signing.

Checking the property purchase contract before signing

Which points should be clarified before signing so that the acquisition succeeds.

Warranty for hidden defects

How warranted qualities and defects relate.

Documents before the contract review

Which documents you should obtain to check the soil condition.

Topics
Contaminated sitesSoil contaminationContaminated sites atlasWarrantyPlot purchase

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