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What is a Subsidence Claim?

09 February 2023

What is a Subsidence Claim?

Many property owners – and this might come as a shock – don’t know about subsidence or how to spot it in their properties – despite the risks it poses to the occupants. Subsidence, if not dealt with in the long term, can cause serious structural damage to a property or even total building collapse. So what is subsidence? Subsidence refers to the gradual settling or sinking of the ground surface, which can be caused by a variety of factors such as natural processes, human activity, or a combination of both. In the United Kingdom, subsidence claims are a common issue for homeowners and can result in significant damage to properties.

One of the main causes of subsidence in the UK is the shrinking and swelling of clay soils. This can occur when the soil becomes too dry and cracks, allowing the structure above it to settle. Alternatively, if the soil becomes too wet, it can expand and push against the structure, causing it to rise. This type of subsidence is known as "heave."

Another common cause of subsidence is the removal of underground water or minerals, such as coal mining. This can result in the ground above the mining area settling and subsiding.

Tree roots near a property can also cause subsidence. They tend to absorb water from the soil and thus cause the ground to dry out and crack. This can be particularly problematic in areas with mature trees and a high water table.

Also, human activities such as building on filled land or building near underground utilities can cause subsidence to a property. Building on filled land can result in the fill settling over time and causing the structure above it to settle. Building near underground utilities, such as water or gas lines,

can result in the ground subsiding if the utilities are damaged or leak. You must be wondering... So what are the signs to look out for to determine subsidence? Signs of Subsidence:

· Cracks in walls, floors, and foundations

· Difficulty in opening doors and windows

· Uneven floors

· Bowing or leaning walls

· Separation of walls from the ceilings or floors

· Sagging or uneven roof

· Gaps appearing between the walls, floor and ceiling or windows and frames.

If you suspect that your property is experiencing subsidence, then it’s extremely important that you make a subsidence claim to your property’s insurance provider or contact a professional to have it assessed as soon as possible. A structural engineer or surveyor will be able to identify the cause of the subsidence and recommend the appropriate course of action, which may include underpinning, soil stabilization, or other repairs.

Most standard home insurance policies will cover subsidence, but there may be exclusions or limitations, so it's important to check with your insurance company to understand what is covered and what is not. In addition, many insurance companies may require that certain precautions be taken to prevent subsidence before they will issue a policy. The process of subsidence claims can be very complex and time consuming for many property owners. Perhaps you don’t know how to

quote for all the repairs. Or maybe you don’t have the time to liaise with your insurer to negotiate the best possible claims for your property. Whichever the case, you want the subsidence problem sorted and fixed as soon as possible so as not to put the occupants’ lives in danger. This is where Action Insurance Repair comes to the rescue. We are a reputable building firm with more than 15 years of experience in handling insurance repairs. In short, Action Insurance Repair works on your behalf, meaning, we assess, quote and fix your subsidence problem in a professional manner, therefore saving you time, hassle and taking out the stress of solving subsidence. If you suspect that your property is experiencing subsidence, request a free survey or call us on 01254 665 333 today.

How common is Subsidence Claim in UK?

Subsidence claims are relatively common in the United Kingdom, although the exact frequency is difficult to determine. It is particularly common in areas with clay soils, which are found throughout much of England and Wales

You might also be interested in: DO YOUR CLIENTS UNDERSTAND THEIR INSURANCE T&CS?

Who is Responsible to Subsidence in a Leasehold Property?

In a leasehold property, the responsibility for subsidence and related repairs can vary depending on the terms of the lease and the specific circumstances of the case.

Typically, the leaseholder is responsible for maintaining and repairing the interior of the property, while the landlord is responsible for maintaining and

repairing the exterior and the common areas of the building. In most cases, the leaseholder will be responsible for any repairs to the property caused by subsidence, as it is considered to be an internal repair.

However, if the subsidence is caused by a problem with the building's structure, such as a defect in the foundation, or if it is caused by a problem with a shared part of the building, such as a shared wall or party wall, the landlord may be responsible for the repairs. Additionally, if the subsidence is caused by something that is the responsibility of the landlord, such as a problem with the drainage system or a shared utility, the landlord would also be responsible for repairs.

It is important to review the terms of the lease and to consult with a professional to determine who is responsible for repairs in the event of subsidence. In some cases, the leaseholder may have to pay for the repairs and seek reimbursement from the landlord if the subsidence was caused by a problem with the building's structure or common areas.

It is also worth noting that in some cases, the insurance company may be liable to cover the cost of repairs, but it is always best to review and understand the terms of the insurance policy and to consult with the insurance company to clarify the coverage and the responsibilities.

How Long Does a Subsidence Claim Take in UK?

The length of time it takes to resolve a subsidence claim in the United Kingdom can vary depending on a number of factors, including the cause of the subsidence, the extent of the damage, and the complexity of the repairs required.

The first step in resolving a subsidence claim is to have the property assessed by a professional, such as a structural engineer or surveyor, to determine the cause of the subsidence and the extent of the damage. This

assessment can take several days to a few weeks, depending on the availability of the professional and the complexity of the case.

Once the cause and extent of the subsidence have been determined, the next step is to develop a plan for repairs. The repair process can take anywhere from several weeks to several months, depending on the complexity of the repairs and the availability of materials and labor.

If the subsidence is caused by something that is the responsibility of the landlord, such as a problem with the building's structure or a shared utility, the landlord may be responsible for the repairs. In this case, the process of resolving the claim will involve coordinating with the landlord and their insurance company, which can add additional time to the process.

It is worth noting that the subsidence claim process can be lengthy, and it is important to stay in contact with the insurance company, the professional assessors, and the repair companies to keep informed on the progress of the claim.

Are There Subsidence Claims that are Not Paid Out?

It’s worth noting that in some cases, subsidence claims may not be paid out by insurance companies. The reasons include:

· Policy exclusions: Some insurance policies may exclude subsidence from coverage, or may have specific exclusions for certain causes of subsidence, such as tree root damage.

· Pre-existing conditions: If the subsidence was caused by a pre-existing condition that was present at the time the policy was purchased, the insurance company may not be liable to pay for the repairs.

· Lack of maintenance: If the subsidence is found to have been caused by a lack of maintenance on the part of the policyholder, the insurance company may not be liable to pay for the repairs.

· Non-disclosure: If the policyholder did not disclose all relevant information about the property at the time of purchasing the policy, the insurance company may not be liable to pay for the repairs.

· Fraud: If the policyholder is found to have committed fraud in relation to the claim, the insurance company may not be liable to pay for the repairs.

In case a claim is rejected, the policyholder can appeal the decision by providing additional information or evidence to support their claim. It is also possible to seek legal advice to understand the rights and options in case of rejected claims.

It is vital for property owners to review their insurance policies carefully to understand what is covered and what is not, and to disclose all relevant information about the property when purchasing a policy. Subsidence can be very stressful and no property owner would love to experience it. However, you can take certain steps to prevent it in the first place. Some of the actions you can take to prevent subsidence include: ensuring that the soil around the property is well-watered and not over-watered, and avoiding planting large trees close to the property. If you want more information on subsidence claims in the UK, feel free to contact Action Insurance Repair.