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Landlord Insurance policy holders and property owners in formers mining areas throughout the UK urged to check policies. Many property owners in former mining areas, have long suffered either the direct effects of property damage through subsidence or heave, availability or costs of insurance and affectation of property value.
Information concerning mines is available from the Coal Authority at coal.gov.uk.
The Coal Mining Subsidence Act 1991 meant that owners of property damaged by coal mining may have entitlement to remedies which include repair or compensation payments for depreciation. However, the Subsidence Act 1994 meant that insurance claims for mining subsidence compensation must be within seven years of mining.
It appears the thinking was that seven years was a reasonable time scale, later evidence and investigation suggests damage can still occur over double that time scale, where particular conditions prevail.
Halcrow Group Ltd produced a very detailed report in October 2007 entitled ‘Longwall Mining-Induced Fault Reactivation and Delayed Subsidence Ground Movement in British Coalfields.’ Mine-water rebounding in flooded former workings combined with ground water can create pressure on the land above, for instance faults occurring within a subsidence trough, the subsidence trough created by mining.
As with subsidence in general, it is not just damage to homes, it is the financial loss, insurance claims and impact on quality of life.
For affected homeowners, it would seem essential to have all the information available concerning the complex nature of the land beneath the property and water courses.
Where subsidence occurs it seems crucial for homeowners to ensure that good quality, professional work is carried out to protect the property.
Some insurers seem to operate on post code areas, for availability of cover or terms imposed. This may blanket owners in a wide sweep, including property where there is no particular affectation within such areas. Insurers are primarily concerned with the nature of land below foundations.
Apart from mining is the type of soil, type of trees and the proximity of trees to housing. Clay soils are drained of water particularly by trees such as ash, elm, horse chestnut, oak, plane, poplar and willow. Guidance can be sought from local authorities concerning the proximity of trees in your own or neighbouring property. Tree roots systems and subsidence can have an effect on the main property structure but also the drains and pipework.
When several small cracks appear suddenly in plasterwork around doors and windows and especially if the gap at the top is wider than at the bottom, it is the time to take action. It is essential not to ignore signs of trouble and to seek early professional advice and guidance by contacting the insurer.
We have all seen the effects of freeze and thaw on road surfaces, with cracks, potholes, sunken drain and manhole covers. At each successive freeze and thaw water penetrates into cracks and faults, freezes and expands and causes more damage at each phase. The behaviour of water in the ground around our properties is key whether in winter, spring, summer or autumn.
Building insurance policies normally cover damage caused to a property by subsidence, heave or landslip. If there has been a change of insurer and such damage has been found, any claim may involve the Association of British Insurers’ Domestic Subsidence Claims Handling Agreement, to which the majority of household insurers subscribe. This Agreement determines claims handling. A claim made within eight weeks of changeover is handled by the previous insurer. For eight weeks to one year, the claim is handled by the new insurer with costs shared equally between the new and previous insurer. At over one year, the new insurer is responsible.
