Subsidence Solicitors

Subsidence can occur for a number of reasons, but it is most commonly caused by changes in the ground beneath a property affecting the stability of its foundations.

Trees or Vegetation

When tree roots absorb moisture, they can cause shrinkage of the soil they’re in by removing the liquid from it, which can lower the depth of the soil. If suitable foundations haven’t been built, then the property risks being damaged by the shrinkage and movement.

Drains leaking

If a drain or pipe beneath your property leaks it can soften the ground and cause sinking, which destabilises your property.

Cohesive soils changing consistency

We regularly support people with claims when their property has been built on ground that consists of cohesive soils like clay or silt. This soil will change consistency with changing weather conditions as it cracks in hot weather and then swells when it takes on water in wet weather. The change in consistency can make the foundations unstable and cause sinking.

There are lots of signs to look for when trying to identify subsidence of your property:

• Cracks
  • A crack in the wall that is thicker than 3mm (slide a 10p piece in there)
  • A diagonal crack of more than 2mm from around windows and doors or the corner of a room
  • A crack that you can see both internally and externally
  • A crack that you can see spread under a damp-proof course
  • A crack where an extension joins the property
• Doors or windows sticking or not able to close
• Creased wallpaper where the top of the wall meets the ceiling

These things do not exclusively mean subsidence but they do require further inspection if they are present in your home, as they are the signs we would look for to spot a house impacted by subsidence.

We know that subsidence is the ground sinking below your house, so, put simply, “Heave”, “Landslip” and “Settlement” are the other ways your house can move.

• Heave is the opposite of subsidence as it occurs when the ground moves up rather than sinks down and destabilises your foundations.
• Landslip is most common in houses built near or on a slope and occurs when the ground beneath a house moves sidewards, destabilising the foundations.
• Settlement, or “Compaction”, is when a property moves down due to the weight of the building compressing the soil underneath it and forcing it downwards. So the soil isn’t sinking, rather the property is too heavy for the ground it’s built on and pushes downwards.

As we mentioned, any property built on cohesive soil that is made up of silt or clay can be at a higher risk of subsidence than homes that aren’t, particularly in the event of extended hot weather that causes the soil to dry out and start to crack.

Older properties can also be at greater risk than new builds, as historically the foundations would have been more shallow and therefore more exposed to the risk of any kind of ground movement (subsidence, heave, landslip or settlement).

We do have a number of preventative recommendations dependent on your situation.

When buying a property, we would ask you to check any trees planted in the area and also to ensure the property hasn’t been built on an old flood plain or “made ground”, which is simply any ground that was previously used for something else and then filled in, such as a waste tip or cemetery.

It is also absolutely essential to ensure your home insurance policy includes subsidence cover and that you flag any cracks or damage you spot when viewing the house to the insurer from the outset, so that the insurer can account for it in your property properly. If you already own your home then please revisit your insurance policy and make sure it’s in there!

If you own the property already and you’re thinking of planting trees on your land, we encourage you to research the roots of any trees you plant that could grow and impact the ground beneath your property. The Association of British Insurers offer a lot of fantastic resources and advice on what trees are safe to plant and how to maintain them without risking your property.

If you are already experiencing the impact of subsidence then you need to make your insurer aware immediately. They will assess your claim and give you advice on how best to prevent any further damage, or work with you to engage specialists to carry out the necessary works.

Many of our claims occur when a subsidence claim is rejected by an insurer despite there being evidence of subsidence, or the insurer carries out inadequate investigations and recommends work or a financial settlement that doesn’t cover the extent of the damage or prevent it worsening in the future. Unfortunately, some insurers will fulfil their obligations in the most cost-effective way possible and that doesn’t always ensure that the work gets done to the standard or scale it needs to be, causing further problems.

Our specialist Subsidence team will look at your claim, investigate it in detail and help you to challenge whoever may be liable for your situation or provide you with the help you need.

Many buildings insurance policies include cover for subsidence, heave and landslip, although the level of cover and policy exclusions can vary significantly between insurers.

Disputes can arise where an insurer rejects a claim, disputes the cause of the damage or argues that the movement occurred gradually over time before the policy began. In some cases, insurers may also disagree over the extent of repairs required.

Seeking legal advice can help property owners understand their rights and challenge decisions where appropriate.