When buying or selling a commercial or industrial property in Quebec, this question comes up almost every time!

The short answer:
It depends on the negotiation, but in most cases, the buyer pays.

Let’s break it down clearly so you understand how it works, who is responsible, and how to protect yourself during a transaction.

A Phase 1 ESA is an environmental study that evaluates the risk of soil or groundwater contamination on a property.

It typically includes:

• Historical review of the site (aerial photos, past uses, records)

• Site inspection

• Interviews and regulatory database checks

The goal is simple: identify potential environmental liabilities before the transaction is finalized.

In Most Cases: The Buyer Pays

In Quebec real estate transactions, the buyer usually pays for the Phase 1 ESA.

Why?

• The study protects the buyer from hidden contamination

• The buyer is the one taking on future liability

• Lenders often require it before approving financing

Think of it like a building inspection, it’s primarily for the buyer’s protection.

There are situations where the seller may pay for the Phase 1 ESA:

• To make the property more attractive to buyers

• To speed up the transaction

• If environmental concerns are already suspected

• In competitive markets where sellers want to reassure buyers

Sometimes, the seller will provide an existing Phase 1 report, but buyers should always verify:

• The report is recent (usually less than 6–12 months)

• It meets current standards

• It can be legally relied upon

In many cases, the lender (bank) requires a Phase 1 ESA before financing a property.

However:
The cost is still almost always paid by the buyer, not the bank.

This is because:

• The financing is conditional on environmental due diligence

• The risk ultimately falls on the property owner

In Quebec, the promise to purchase (offer) typically specifies:

• Who orders the Phase 1 ESA

• Who pays for it

• What happens if contamination is found

Common clause: The buyer has a delay to complete environmental verifications at their own expense.

If contamination is identified, the buyer can:

• Withdraw from the transaction

• Renegotiate the price

• Request a Phase 2 ESA

This is where things get serious.

If the Phase 1 ESA identifies potential contamination:

• A Phase 2 Environmental Site Assessment may be required

• Costs can increase significantly

• Responsibility becomes a negotiation point

Possible outcomes:

• Seller agrees to clean the site

• Price reduction

• Buyer walks away

This is exactly why the Phase 1 ESA is critical.

In the Montreal area, a typical Phase 1 ESA costs:

$2,000 to $4,500+, depending on:

• Property size

• Complexity

• Historical use (industrial vs residential)

Trying to avoid the cost can lead to major problems:

• You may inherit environmental liability

• Cleanup costs can reach tens or hundreds of thousands of dollars

• Banks may refuse financing

• Resale becomes difficult

In Quebec, environmental liability can follow the owner, even if they didn’t cause the contamination.

If you’re buying or selling a property and need a reliable environmental assessment, we can help.

We provide:

• Fast turnaround times

• Clear, compliant reports

• Local expertise in Quebec regulations

Contact us today to get a quote for your Phase 1 ESA in Montreal : 514-713-0975

Reach out today for a quick, clear, and customized quote.

Our team at NCL Environment evaluates your project requirements and delivers solutions designed specifically for you. From environmental assessments to soil testing and regulatory guidance, we ensure a timely, transparent response so you can take the next step with confidence.