Shifting Ground: Homeowners and 'Subsidence Season'

As I write, the summer clothing is once more being packed away and thicker outfits are being readied for the chillier days to come.

It almost seems a relief after a summer of exceptionally high temperatures.

More than the risk of sunburn, the heatwave has had significant consequences for properties across the UK.

During a prolonged dry spell, areas of the country which have a high concentration of heavy clay soils become desiccated.

When that happens, it shrinks and that can cause whatever is sat upon it - whether that's our homes or garden walls - to sink. That's what subsidence is.

However, the fact that we're heading into what is usually the wettest period of the year should not necessarily be a cause for comfort, given that autumn and winter are collectively known as 'subsidence season'.

It's because when desiccated soil is rehydrated, it often expands too quickly for typical foundations. The process is referred to as 'heave'.

Between the shrinking and swelling of the soil, you may notice some cracks appearing in structures with very shallow foundations, such as bay windows, porches or outbuildings.

If these get wider in the summer and narrower during winter, it is an indication your property may be built on heavy clay soil.

Without intervention, it is a seasonal cycle which can be repeated year after year. The varying degrees of movement can have considerable and very costly implications for homes - and homeowners, of course.

Media reports earlier this year suggested that the number of claims arising from damage to residential properties has risen dramatically.

Some insurers have even indicated that the volume of subsidence cases this year might exceed the 20,000 or so incidents registered in 2018 which cost £145 million to put right (https://www.dailymail.co.uk/news/article-11130659/Subsidence-claims-soar-200-104F-heatwave-puts-Britains-homes-risk.html).

In short, the risk of subsidence is common. In fact, one estimate suggests that as many as 5.76 million homes in the UK are already at some degree of risk of subsidence.

Incidence of such cases and the insurance claims which can arise are also expected to increase as climate change takes an ever greater toll on the UK in the decades to come (https://todaysconveyancer.co.uk/climate-change-7-65-million-homes-exposed-subsidence-risk-2080s/#:~:text=Data%20analysis%20from%20Dye%20%26%20Durham,a%20result%20of%20climate%20change.).

Global warming is not the only underlying cause, of course. Climatic effects can be made worse by factors such as trees or leaking drains.

If your neighbours are experiencing subsidence because of thirsty oaks on your property drying out their homes or heave due to a broken drain on your side of the garden fence, then you could be even be held legally liable for any damage which might develop.

Whatever the cause, you must notify your insurer as soon as possible as you become aware of problems with subsidence.

They will investigate the cause and, most of the time, will be able to fix it for you.

Over the course of the last 30 years, though, I have become only too aware that that might not necessarily be the end of the matter.

I have acted on behalf of homeowners in many cases in which the process of assessing what repairs are required or the nature of the repairs undertaken is less than satisfactory.

That experience has illustrated how complex subsidence claims can be.

Determining the exact cause of the problem and the most suitable method of repair can take a lot of time. In some cases, it can be years before a plan of action is decided upon.

On occasions, it can prove difficult to establish what is to blame. If, for example, the roots of the wrong tree are identified as the reason for the shifting ground, it can lead to multiple trees being felled and leave a leafy suburban area looking almost like a war zone.

The most permanent solution is often the decision to underpin a house but that is expensive and something which insurers may be reluctant to sanction.

Even so, other incremental repairs may not restore properties to how they were before subsidence became an issue. In fact, they may leave homes looking a mess.

People finding themselves frustrated either by delay or inadequate remedies are entitled to challenge insurers.

That can be done by writing to the Financial Ombudsman but that is a process which can, in itself, be less than speedy.

Over the years, I have found that seeking the advice of a lawyer can focus the attention of insurance companies and result in a much quicker resolution.

It means that matters are escalated from claims handlers to insurers' own legal advisors, who are frequently more able to pursue creative solutions.

That may involve the authorisation of a lump sum payment to homeowners, enabling them to find their own contractors instead of those recommended and paid directly by insurance firms.

Those specialists might well be more familiar when it comes to new solutions capable of solving the problem without extensive and time-consuming rebuilding work.

Clients whom I have acted for have discovered that being aware of the available options can quite literally pay and help avoid lengthy headaches should they fall victim to the common curse of subsidence.