Subsidence on my conservatory - my insurance won't pay

isabelle_B

Hello
I have subsidence on my conservatory but my insurance won't pay, claiming that the foundations are not deep enough in relation to the soil condition and in comparison to how deep the foundations of the house are. They say it comes under general exceptions due to "faulty design, plan, specification, materials or workmanship.
However, the conservatory was already on the house when I bought it and my solicitor didn't highlight any issue as regard to building regulations, nor did the Homebuyer survey carried out which confirm the structure was sound.
Can I really be responsible for a fault I had no knowledge of and can I contest it?
Many thanks, Isabelle

pinkteapot

You'd be better off posting on the Insurance board.

hazyjo

Conservatories have a very limited lifespan. How old is it?

cajef

isabelle_B wrote: »

nor did the Homebuyer survey carried out which confirm the structure was sound.

A homebuyer survey is purely to value the property for mortgage purposes and is not a structural survey, if that was what you wanted you should have commissioned and paid for your own survey.

Duplicate post:-

https://forums.moneysavingexpert.com/discussion/6062673/subsidence-on-my-conservatory-my-insurance-wont-pay

G_M

cajef wrote: »

A homebuyer survey is purely to value the property for mortgage purposes and is not a structural survey, if that was what you wanted you should have commissioned and paid for your own survey.

Not so. You are thinking of a Valuation survey.


A homebuyers survey is less detailed than a Building survey, but far more detailed than a Valuation survey.

phill99

G_M wrote: »

Not so. You are thinking of a Valuation survey.


A homebuyers survey is less detailed than a Building survey, but far more detailed than a Valuation survey.

But a Homebuyers Survey wont be able to determine depth of foundations, soil structure etc.

isabelle_B

Thank you Phill99 - so would a building survey have highlighted the fact that the foundations weren't adequate? Do I have a leg to stand on?

eddddy

isabelle_B wrote: »

Can I really be responsible for a fault I had no knowledge of and can I contest it?

Not knowing about a fault isn't really relevant.

The key question is whether the damage was the result of an insured risk.

Essentially, you believe the damage was caused by subsidence, but the insurer believes it was caused by bad workmanship and/or bad materials.

Does you policy have a definition of 'subsidence'? The FOS say this:

Subsidence is usually caused by one or more of the following situations:

• Clay shrinkage
• Trees
• Escape of water
• Solution features
• Mining
• Poor ground
• Decomposing organic fill

....
....

There are a number of problems with properties that look like they could be caused by ground movement, but in are fact caused by other factors, for example:

• Sulphate damage
• Cracking
• Thermal movement
• Lintel failure
• Poor design, materials or workmanship

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/home-buildings-insurance/subsidence-types-ground-movement

Maybe read the above link, and if you still believe that the damage was caused by subsidence (i.e. an insured risk) explain your reasons to the insurer.

Although, realistically you'll probably need a report from a professional surveyor or structural engineer.

Maybe instruct a surveyor/engineer to take a quick look first of all, and if they think you have a strong case for an insurance claim, instruct them to write a report for the insurance company.

Davesnave

You say on the other thread that the foundations are 0.35m deep, which is skimpy. The usual depth for foundations on conservatories is 0.45m, but that may still be inadequate if the ground is likely to shrink/expand more than usual. This compares with house building, where the regulations require a minimum depth of 1m.

Conservatories aren't usually expected to meet building regulations, so the vast majority don't. They're officially temporary structures, mostly installed by people who have little interest in their longevity. It's an unregulated industry, and that encourages shoddy practice.

Your surveyor wouldn't have known how deep the foundations were. If there were no cracks or other signs of movement at the time of the survey, there would have been nothing to report on in that respect.

We've had two very dry summers in succession. When did you buy?

isabelle_B

I moved in in January 2013 and noticed the first cracks in the brickwork after last year's hot summer.

phill99

isabelle_B wrote: »

Thank you Phill99 - so would a building survey have highlighted the fact that the foundations weren't adequate? Do I have a leg to stand on?

No. Not unless you specifically asked them to investigate.