Phase-one-only site condition records can no longer be filed to satisfy third-party requirements (transitional exemption removed)

Plain-language summary · AI-assisted

A transitional exemption that allowed property owners to file a Record of Site Condition (RSC) based only on a Phase One environmental site assessment — without a Phase Two — when doing so to comply with a requirement imposed by another person or body before a specific date has now been formally revoked. Going forward, only two pathways remain for filing a Phase-One-only RSC: the owner is acting entirely voluntarily, or no third-party requirement exists. Property owners who were relying on the transitional exemption to satisfy lender, municipal, or other third-party obligations should confirm whether their filing still qualifies under the voluntary pathway or whether a Phase Two assessment is now required. Those with pending or planned RSC filings tied to third-party requirements should review their situation promptly with their environmental consultants and legal advisers.

Who this affects
property owners filing Records of Site Condition · environmental consultants preparing site assessments · lenders and other parties requiring RSC filings · municipal and public bodies imposing site condition requirements