CONVEYANCING: compulsory standardised environment search is under negotiation.

Lawyers face flood liability.

The idea that solicitors should be obliged to investigate the risks of flooding in properties they buy for clients has been attacked as 'nonsense' by Tony Bogan, a leading conveyancing campaigner.

The Law Society is in negotiations with the Environment Agency to produce a compulsory standardised environment search form which might include a question on flooding.

Currently, the agency is contacted in only 5% of property transactions and solicitors have no obligation to investigate flood liability in properties they are involved in buying for clients.

Speaking in the wake of this week's storms which caused widespread flooding, Mr Bogan, a member of the Society's Council and its conveyancing and land law committee, described the proposal as 'nonsense'.

He argued that as solicitors are not qualified experts in flooding, it would be 'silly' for them to take responsibility for assessing the risks.

He said: 'Why should this be the responsibility of solicitors? Why not estate agents or surveyors? I do not see why the buck should stop with the lawyers - we are not responsible for the sins of the world.'

Neil Gower, the Society's conveyancing policy adviser and secretary to the conveyancing committee, said it was 'debatable' where the responsibility for determining flood liability lay: 'At the moment, the buyers can easily find out this information themselves, by phoning a Floodline provided by the Environment Agency.' He said that determining responsibility was 'not a black and white issue'.Victoria MacCallum