Nowhere to turn?

[G7ivp]

It seemed like a simple case of subsidence which would be covered by the house insurance. The house, built in the 1970's and owned by a Housing Association, is leased to A and his wife B under a Shared Ownership scheme. Insurance on the property, taken out when A and B moved in, has been in place for over 10 years during their occupancy. The conservatory, which was added to the original building, cica 2005, before A and B moved in, has suffered damage by subsidence caused by the roots of a nearby tree. A report produced by the insurer lays the blame on defective design of the foundations; i,e, the design failed to take account of a nearby tree and the effect its roots would have on the subsoil, which is clay, and points out a clause in the policy that excludes defective design. Consequently, the insurer is not offering any financial assistance for remedial works.

Assuming the Housing Association and/or the local authority's building control department, would have approved the plans for the extension and supervised their execution, would that make either body liable for remedial works?

A and B cannot fund underpinning or rebuilding the conservatory themselves, nor can they afford a court battle, so where are they to look for help?

[atticus]

I would have a very close look at the wording of the insurance policy, i.e. whether the insurer can properly refuse cover.

[des8]

Can you post up a link to the policy wording?

What sort of tree?
How old is the tree?
How close to the property?
Is the tree on a neighbouring property?

[G7ivp]

Can you post up a link to the policy wording?
What sort of tree?
How old is the tree?
How close to the property?
Is the tree on a neighbouring property?

The tree is a Sycamore; it was probably planted when the estate was built in the 70's; it is within 25M of the extension and is on adopted local authority land.

They are relying on this:
"Whilst the above has led to the conclusion that tree root induced subsidence of the site has caused the damage
to your conservatory extension, your policy contains an exclusion relating to ‘defective design’. Specifically,
within your policy wording there is a list of exclusions under the Section 3:
Section 3 – Special Exclusions This part does not cover:
2. Defective Design the cost of reinstating or repairing:
a) any work executed or any site materials suffering damage as a result of its own faulty or defective design,
materials, plans, specification, faulty or defective workmanship or operational error or omission or other work
executed which suffers damage in consequence thereof where such work relied for its support or stability on
work which is defective."
"Had the foundation been designed in accordance with the appropriate standard for the design of foundations and the information available at the time of construction, a foundation depth of 1.20m would have been provided. At this depth the foundation would not have been affected by the de-watering effect of the Sycamore tree on the clay soils."

[des8]

Have you checked the accuracy of this statement:
"Had the foundation been designed in accordance with the appropriate standard for the design of foundations and the information available at the time of construction, a foundation depth of 1.20m would have been provided."

Have you tried/been able to obtain a copy of the original planning application and approval, together with the detailed plans, to see if they complied with the building standards of the period?

Alternatively as the tree that has caused the problem is on LA land a claim against the council been considered?
if the council prove difficult make a claim under the legal expenses section of the household insurance (if it is included).

Would still like a link to the complete insurance policy.

[G7ivp]

Have you checked the accuracy of this statement:
"Had the foundation been designed in accordance with the appropriate standard for the design of foundations and the information available at the time of construction, a foundation depth of 1.20m would have been provided."

Have you tried/been able to obtain a copy of the original planning application and approval, together with the detailed plans, to see if they complied with the building standards of the period?

Alternatively as the tree that has caused the problem is on LA land a claim against the council been considered?
if the council prove difficult make a claim under the legal expenses section of the household insurance (if it is included).

Would still like a link to the complete insurance policy.

I do not have access to the policy, which I believe is only in hard copy, but the section quoted from the letter the insurer sent to A and B seems clear enough.
Thank you for the suggestions I'll follow them up.