Estate agent
Works best for repaired subsidence with a complete file and insurance a buyer can take over.
- Suits
- Historic, repaired, insurable
- Watch
- Sales collapsing at the survey or lender stage
A buyer will want to know whether the movement has stopped, what was done about it, and whether the house can still be insured.
The short answer
In England and Wales, selling a house with subsidence is possible, but you must answer the property information form truthfully, including the questions about buildings insurance claims. A buyer who relies on a misleading answer may claim compensation after completion.1 Repaired, documented and insurable subsidence sells more easily than suspected or active movement.
A house with subsidence is at one of four stages: a crack nobody has investigated, movement being monitored now, a repair done years ago, or heave. Buyers, their lenders and their insurers treat each differently, so the first job is to say accurately which you have.
Subsidence is the ground beneath a building sinking and pulling its foundations down, often on clay soils, near trees, over old mine workings or where drains leak.4 It is not the same as settlement, the normal bedding-in of a building.5 Heave, the ground moving upward, and landslip are usually covered alongside subsidence in buildings insurance.3
| Stage | What it means | What a buyer will want |
|---|---|---|
| Suspected | Cracks or sticking doors, not investigated. Most cracks are not subsidence.3 | An investigation, often before a lender will proceed |
| Active or being monitored | A claim is open and movement is being measured, which can take 12 months or longer.5 | The insurer's position, the monitoring results, and when repairs will happen |
| Historic, repaired | Movement stopped and repairs were completed, usually through an insurance claim | The claim file, the repair details and sign-off, and continuing insurance |
| Heave | Upward movement of the ground, treated like subsidence by insurers | The same evidence as subsidence |
When a crack is worth a closer look
Neither is a diagnosis. At the suspicion stage, an investigation before you market the house turns a question the buyer's surveyor would raise into a documented answer.
Yes, in practice. The Law Society's property information form, the TA6 (6th edition), is the questionnaire you complete for the buyer's solicitor. It asks whether you have made any buildings insurance claims, with dates and how they were resolved. It also asks whether insurance has ever been difficult to get or subject to special conditions.1 A subsidence claim, or a policy with a higher subsidence excess (the part of a claim you pay yourself), answers both. The form tells sellers to answer truthfully and completely from their own knowledge, and to tell their solicitor if anything changes before the sale.1
The risk of getting this wrong falls on you after completion. The form itself warns that buyers can rely on the answers and may claim compensation for misleading information.1 Under the Misrepresentation Act 1967, a seller whose false statement led a buyer into the contract is liable for damages. That liability falls away if the seller proves they had reasonable grounds to believe the statement was true.2 Answering "not known" when you do know, or leaving out a claim, is not a safe middle course.
What to say about subsidence on the property information form
The strongest position is a complete file that shows the cause, what was done and that movement stopped. Gather what your insurer, its engineers and any contractor produced:
Where the file has gaps, a structural engineer's report you commission yourself can fill them. It costs money up front. In return, you set out the evidence yourself instead of waiting for a buyer's surveyor to raise it.
A buyer cannot usually complete with a mortgage unless the house is insured, so insurability often decides the sale. The ABI says the existing insurer may continue cover. Elsewhere, a property with subsidence history usually faces higher premiums or different terms, and the ABI suggests a specialist broker found through BIBA, the brokers' trade association.6 Ask your insurer early whether it would offer cover to a buyer, and on what terms. A buyer who can take over existing cover avoids the question of whether any other insurer will quote.
Timing matters when insurers change. Under the ABI's agreement between insurers, a claim notified within eight weeks of switching is handled by the previous insurer.6 Claims notified between eight weeks and a year after the switch are shared between the insurers, and after a year the new insurer handles them.3 Expect a higher subsidence excess than for other claims. Aviva's policy wording, for example, applies a separate subsidence excess shown on the schedule.7
Which insurer handles a subsidence claim after a switch
Lenders want to know whether the movement has stopped and whether the house has buildings insurance that covers subsidence. Lender conditions for conveyancers commonly require that cover. The Help to Buy equity loan handbook, for example, requires buildings insurance to cover subsidence, heave and landslip.8 What a lender does when its valuer sees signs of movement is for that lender to decide, and we could not find a single published standard covering all of them.
So the more complete your evidence file and the more certain the insurance, the wider the pool of mortgage buyers who can proceed. With active movement or no insurance offer, expect most buyers to be cash buyers.
If your file cannot show what caused the movement and that it has stopped, close that gap before you list, with a structural engineer’s report if you need one. Monitoring can run for 12 months or longer, so where movement is still being measured, either allow for that time or plan on a buyer who does not need a mortgage.
Haroon Ali Author, The House Desk. Over 11 years in property and renovation No source The House Desk found measures the reduction with a date and a method, so we print no percentage. Four things move the discount:
With a complete file and insurance available, the open market is usually worth trying first, because mortgage buyers can still proceed. Active movement or uncertain cover changes that. The buyers who remain mostly do not need a lender, which points to auction or a direct buyer.
How the evidence changes who can buy
Your price through each route starts from your own figure and sets the three routes side by side.
All three need the same disclosure. They differ in whether a buyer needs a lender.
Not sure which fits? Answer three questions and we will suggest one.
Works best for repaired subsidence with a complete file and insurance a buyer can take over.
Buyers bid knowing the history, usually in cash. The legal pack carries the disclosure.
No lender involved, so the sale does not depend on a mortgage valuation. Expect the price to reflect the risk.
Read more on the ways to sell and selling at auction. If you choose auction, how an auction reserve price works helps you set a floor that allows for the history.
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