In the United States, conducting a Vapor Encroachment Screen (VES) is a helpful step in looking into the property during real estate transactions. This process is particularly important when soil and/or groundwater contamination exists or is suspected on or near the property, as certain chemicals may migrate as vapors into the building in question through a process known as vapor intrusion. Exposure to many of these vapors may pose significant health risks to occupants. Examples of chemicals of concern include chlorinated solvents, petroleum products, and certain metals such as mercury. Fueling stations, dry cleaning establishments, former manufactured gas plant sites, and former industrial sites that had vapor degreasing or other parts cleaning operations on site are commonly associated with vapor intrusion.
By conducting a VES, property buyers and sellers can identify potential vapor intrusion risks early in the transaction process. The VES assesses the likelihood of vapor encroachment by evaluating numerous factors, including the presence of contaminants, the site’s geological conditions, proximity to known contamination sources, and the construction characteristics of nearby properties. Identifying potential vapor intrusion risks early in the transaction process is important because it enables stakeholders to make informed decisions about the property and the need for additional investigation or remediation measures. If a potential vapor intrusion pathway is identified before a transaction is completed, the buyer can negotiate for appropriate remediation or consider other solutions to mitigate risks. For sellers, addressing vapor intrusion concerns early can help avoid delays or complications in closing the deal. Identifying these risks early also allows for more time to assess long-term implications, such as health risks and financial costs, which can ultimately protect the value of the property and the safety of future occupants.
Failing to perform a VES could result in unexpected liabilities for property buyers, as failure to detect vapor intrusion may lead to costly remediation efforts, health concerns, and even legal liabilities down the line. For sellers, demonstrating proactive environmental due diligence with a completed VES can facilitate smoother transactions and reduce the risk of disputes.
In summary, check with your state on your vapor regulations to see if a Vapor Encroachment Screen is a tool for you in assessing environmental risks during real estate transactions, helping to protect the health of future occupants and ensuring compliance with environmental regulations.
This article was written while referencing ASTM Standard E2600-15