Subsidence is the most serious issue for homeowners because it can impact the safety of your home and result in substantial and expensive repair costs. In simple terms subsidence is when the ground beneath your property sinks causing the foundations to become unstable resulting in movement and cracking. Other causes of movement can be heave, landslip or settlement which can also result in damage to your property.
Periods of cold wet weather followed by prolonged periods of hot dry weather, which is becoming more common in our modern world, can test the resilience of any structure and increase the risk of subsidence.
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Subsidence claims frequently occur where the ground consists of cohesive soils such as clay or silt. The consistency of the soil changes depending on the weather conditions in that it cracks and moves in dry weather and swells in wet weather causing the foundations to become unstable and possibly sinking.
Many claims relate to trees or vegetation. Tree roots absorb moisture and in a dry period this can lead to shrinkage of cohesive soils, lowering the depth of the soil up to a metre. Any buildings without suitable foundations may be damaged as a result of the shrinkage.
Subsidence can also happen when drains beneath your property leak which softens the ground causing the ground to sink and destabilise your property.
The signs include:
There are certain types of properties that are more at risk of subsidence, and you should investigate the issues that may contribute to making your property a high risk. Older properties may have shallow foundations and the weight of the property on the ground may increase the subsidence risk. If your property is built on clay soil, the change in weather conditions year to year may increase the risk of subsidence, in particular in periods of drought.
Before planting any trees on your property investigate the type of root system the tree has. You can find guidance as to what trees to plant, and the proximity to your house, from The Association of British Insurers. Alternatively, you can seek advice from a tree surgeon. If you already have trees on your property regular pruning will prevent them from absorbing water and stunt its root growth.
Yes subsidence, particularly where it has not been dealt with, may reduce the value of your property. There is an obligation on the seller of a property, to disclose to a potential buyer, if they are aware of subsidence or know of any previous claims/repairs having been made. A potential buyer may find it difficult to obtain a mortgage where a property has subsidence.
If you see signs of subsidence, do not wait, since it may get significantly worse. You should inform your insurer as soon as you suspect you have an issue. Your insurer should assess and monitor the movement and any damage over a period of time and assess the best way in which to stop further damage and carry out necessary works. You should be aware that many claims are rejected by insurers, or they fail to carry out adequate investigations as to the true cause of the subsidence and suggest inferior works which will not solve the problem long term. This is where we come in.
If your insurer has either rejected your claim, or offered a settlement significantly below what you expected, or you suspect insufficient investigation work has been undertaken by them, then you should contact our subsidence solicitors. We can evaluate your claim and provide a second opinion. Our subsidence lawyers can also represent you in your dealings with the insurer and try to get the best result for you.
Should I claim on insurance for subsidence?
If your buildings insurance includes subsidence cover then this may be the most effective route. However, that’s no guarantee there will be no issues. We have a number of cases where homeowners need assistance in getting the best result for them.
What are the reasons why your subsidence insurance claim may be declined?
From our experience, some of the reasons given for rejecting a claim are:
Does insurance pay out for subsidence?
If you have subsidence included in your buildings insurance then, yes would be the simple answer. However, there can be a number of reasons, (small print conditions, exclusions, procedural, etc) where things get complicated. If you find your insurer putting unreasonable obstacles in the way, seek professional help.
