šŸ“ Phase I ESA: Why It's a Must for CRE Buyers šŸŒæ

šŸŒ What Is a Phase I ESA? A Developerā€™s Guide šŸ—ļø

October 25, 2024ā€¢4 min read

šŸŒ What Is a Phase I ESA? A Developerā€™s Guide šŸ—ļø

 

šŸ“ Phase I ESA: Why It's a Must for CRE Buyers šŸŒæ

If youā€™re thinking about buying land for a development project, thereā€™s a crucial step you canā€™t afford to skipā€”a Phase I Environmental Site Assessment (ESA). This due diligence process is all about identifying any potential environmental risks that could impact the value of the property or, worse, pose a threat to human health and the environment. šŸŒŽ

Letā€™s break down what a Phase I ESA involves and why itā€™s a must-do for anyone in the real estate game. šŸ‘‡

What Exactly is a Phase I ESA? šŸ¤”

A Phase I ESA is essentially a deep dive into the history and current condition of a property. Itā€™s like a property detective, looking for any clues that might suggest environmental contamination. Following the ASTM E1527-13 standards, this assessment aims to check if previous or current uses of the property have affected the soil or groundwaterā€”something no developer wants to discover after closing the deal!

The Key Parts of a Phase I ESA šŸ“

Hereā€™s what goes into a typical Phase I ESA:

1. Site Visit šŸ‘€

  • Observation: A visit to the property to examine current and past conditions, as well as checking out the neighboring properties. Are there any signs of environmental trouble? Spills, strange odors, or old industrial equipment? All of it gets noted down!

2. Regulatory Database Review šŸ“š

  • Databases: A deep dive into federal, state, tribal, and local databases. This is to search for records like underground or aboveground storage tanks, hazardous material storage, or any known cases of contamination.

3. Historical Records Review šŸ—‚ļø

  • Documents: Historical aerial photographs, Sanborn fire insurance maps, old city directories, and topographic maps are all examined to understand how the land was used in the past. A gas station from 40 years ago could mean potential headaches today!

4. Agency Records Review šŸ¢

  • Local Records: Local environmental, building, fire, and health department records are reviewed to see if any red flags pop up.

5. Interviews šŸ—£ļø

  • Stakeholders: Current and past property owners, tenants, or anyone familiar with the propertyā€™s history are interviewed to get more context.

6. Report User Interviews šŸ“„

  • User Input: The report user (often the buyer or lender) might also be interviewed about any specialized knowledge they have, including property restrictions, liens, or why the property might be selling at a lower price than expected.

What Theyā€™re Looking For: Environmental Risks šŸšØ

Once all the information is gathered, an Environmental Professional (EP) evaluates potential risks. Common culprits include properties that have housed dry cleaners, gas stations, auto repair shops, or manufacturing facilitiesā€”businesses that may have used hazardous materials. These are known as Recognized Environmental Conditions (RECs), and if theyā€™re identified, you might need to take a closer look.

What About Non-ASTM Concerns? šŸ¤·ā€ā™‚ļø

Hereā€™s where it can get a little more complex. Although theyā€™re not officially part of the ASTM standards, a Phase I ESA might also flag other potential hazards like asbestos, mold, lead-based paint, or radon. If any of these are a concern, additional testing can be requested.

Wrapping It Up: Conclusions & Recommendations šŸ“Š

At the end of the assessment, the Environmental Professional will summarize their findings and give recommendations. If they identify any RECs (areas of concern), you might need to proceed to a Phase II Environmental Site Assessment, which involves collecting soil, groundwater, and air samples for a more in-depth analysis. Think of Phase II as the follow-up visit to the doctorā€”just to be sure everythingā€™s okay! šŸ§Ŗ

Why Developers Should Care šŸ¤

So, why is a Phase I ESA so important for developers, lenders, and property owners? Hereā€™s whatā€™s in it for you:

  • Liability Protection: It helps you spot any potential environmental issues before you sign the dotted line. This way, youā€™re not stuck footing the bill later for a hidden problem.

  • Risk Mitigation: Identifying risks early means fewer unexpected challenges down the road.

  • Regulatory Compliance: A Phase I ESA ensures youā€™re in the clear with environmental laws, which keeps you safe from any legal troubles. šŸš«āš–ļø

  • Informed Decision-Making: You get all the data you need to make a smart decision on whether to proceed with the property purchase or walk away.

The Bottom Line šŸ“ˆ

A Phase I ESA is a vital tool that gives developers and property owners peace of mind, knowing theyā€™ve done their due diligence. Whether youā€™re looking to build a new project or invest in a piece of land, understanding the environmental history can save you from future headaches and unexpected costs. šŸŒæ

Next time youā€™re eyeing that prime piece of land, make sure a Phase I ESA is at the top of your checklist! āœ…

Iā€™m an experienced Commercial Real Estate Broker, please feel free to reach me at 281-222-0433.

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Ā© 2023-2024 Bill Rapp, Broker Associate, eXp Commercial Viking Enterprise Team

I am a Houston commercial broker, with residential experience, as well as a lending background. I have been in the real estate industry for 14 years and counting, and I have worked in many roles within the industry and each has given me a unique perspective of the industry as a whole.

My dedication to clients is rooted in this industry knowledge, but also includes my desire to go the extra mile in networking to source off market opportunities for my clients. Me and my team at eXp Commercial have a cutting-edge technology package that gets the widest exposure for each transaction. eXp Commercial offers a nationwide network through which we can deliver the best exposure and professional advice to achieve our clientsā€™ goals while also minimizing their risk.

Clients appreciate my methodical method of discovery in our initial consultation. Through which we can get to know each other and their specificā€™s businessā€™s needs and objectives on a granular level. Our processes help navigate each transaction and its potential pitfalls through to a successful outcome for our clients. It is my stated goal to provide our clients with extensive market analysis and expertise that fosters innovative solutions and rewarding commercial real estate opportunities.

Bill Rapp, CRE Broker

I am a Houston commercial broker, with residential experience, as well as a lending background. I have been in the real estate industry for 14 years and counting, and I have worked in many roles within the industry and each has given me a unique perspective of the industry as a whole. My dedication to clients is rooted in this industry knowledge, but also includes my desire to go the extra mile in networking to source off market opportunities for my clients. Me and my team at eXp Commercial have a cutting-edge technology package that gets the widest exposure for each transaction. eXp Commercial offers a nationwide network through which we can deliver the best exposure and professional advice to achieve our clientsā€™ goals while also minimizing their risk. Clients appreciate my methodical method of discovery in our initial consultation. Through which we can get to know each other and their specificā€™s businessā€™s needs and objectives on a granular level. Our processes help navigate each transaction and its potential pitfalls through to a successful outcome for our clients. It is my stated goal to provide our clients with extensive market analysis and expertise that fosters innovative solutions and rewarding commercial real estate opportunities.

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