Before committing your capital to a Delaware Statutory Trust, it’s critical to conduct due diligence and risk assessment of the investment. This step is how you gain confidence that the trust is likely to deliver on its projections while ensuring tax-deferral benefits.
One key aspect that must be included in your Delaware Statutory Trust risk assessment is environmental due diligence. This step is often overlooked, but the unique environmental conditions of a property can play a huge role in its valuation, operational safety, and long-term reliability.
Realized 1031 shares what you need to know about environmental due diligence, so you’ll understand how to properly conduct this assessment. Keep reading to learn more.
Environmental due diligence is the evaluation of a property and its potential ecological risks or historical contamination that could require remediation, ongoing monitoring, or future capital expenditures due to legal liability. Examinations will usually include the following areas:
By assessing these areas, DST sponsors can be confident that the property doesn’t have any major environmental issues that could result in loss of revenue or capital.
Of course, some properties are more likely to have previous environmental issues compared to others. For example, an industrial warehouse is more likely to store hazardous material, increasing the risk of contamination. This won’t be true for apartment buildings. However, old apartment buildings are more likely to have lead paint or asbestos insulation, which are unlikely in modern warehouses. As such, environmental assessments must be tailored based on the asset type. A competent sponsor must be able to customize these assessments to balance costs and mitigate risk more effectively.
It is critical for DST sponsors to conduct environmental assessments for the protection of investor capital. Since DSTs are long-term investments, any issue that arises could lead to impaired income and liability. Thorough evaluation ensures that the sponsor isn’t buying into someone else’s environmental problems and paying for them in the future.
For investors, evaluating the private placement memorandum (PPM) is the key step to environmental due diligence. Knowing which DSTs have properties without any issues helps you lower liability risk and loss of income. Plus, you gain access to income from properties that are more likely to remain environmentally sound and financially viable over the long term.
What are the specific aspects of an environmental risk assessment that investors should look for in the offering memorandum?
Most sponsor property acquisition evaluations begin with a Phase I ESA. This step covers recognized environmental conditions (RECs) that might impact property values. Sponsors examine historical land use, check environmental records, and conduct on-site visual inspections. Interviews with previous owners as well as regulatory database searches may also be necessary. Should there be any suggestion of contamination, a Phase II ESA may be the next step for verifying risk levels.
Sponsors may also require inspections of the structure and any health hazards it might pose due to the materials used. Hazardous materials include:
DST property inspections also involve checking if the asset has any outstanding remediation orders, environmental liens, and wetland restrictions that may affect future capital expenditures or liabilities.
Given the passive nature of DSTs, you’re not directly involved in the actual environmental due diligence during property acquisition. Instead, you can conduct your own risk assessment through the offering memorandum. Some key aspects to look at are the following:
The PPM may have a few or more of these, depending on the property. However, if the document or sponsor is being vague about environmental assessments, then you should consider this a red flag.
Having some environmental issues can be manageable if there are concrete remediation plans or if the problem won’t affect property operations as much. It’s rare for any property to have zero environmental considerations or historical findings. However, intentional obfuscation indicates a much bigger issue that could expose you to significant liability or financial risk down the road.
A savvy investor must look at environmental due diligence beyond being another box to check. This step must serve as a risk-prevention framework that allows you to assess the ecological impact, historical land use, and regulatory compliance of the property—factors that could ultimately affect the long-term value of the asset. When you understand these risks, you can review DST offerings with more confidence and choose one that positions you for success.
https://millmanland.com/company-news/phase-1-environmental-site-assessment/
https://corporatefinanceinstitute.com/resources/commercial-real-estate/environmental-due-diligence/