From soil to sale delays: how climate change is reshaping property law

Tree law specialist, Sarah Dodd, explores how climate change, particularly hotter and drier weather, is driving a rise in subsidence that is reshaping legal, financial and practical aspects of property ownership, insurance and sales in the UK.

Related topics:  Subsidence,  Property Insurance,  Climate Change
Sarah Dodd | Tree Law
22nd July 2025
Sarah Dodd - Tree Law - 255
"What’s needed is clearer coordination. A joined-up approach between planning, property, legal and insurance sectors would help make subsidence less disruptive and costly for homeowners. It would also offer more certainty for buyers, sellers and tenants trying to make informed decisions"
- Sarah Dodd - Tree Law

The UK is experiencing another spell of hot, dry weather, with temperatures once again rising above 30°C. As people adjust their routines to cope with the heat — slower journeys, disturbed sleep, fans working overtime, the impact isn’t only felt in everyday life. It’s also showing up in our homes.

Prolonged periods of heat and little rainfall are causing shifts in the ground, particularly in areas built on clay-heavy soil, which covers much of London and the South East. Clay soils expand when wet and contract when dry. After weeks without rain, the soil can pull away from building foundations. That movement, even if small, can lead to subsidence.

Subsidence is when the ground beneath a building sinks, causing the structure above to move or crack. In some cases, it’s minor and cosmetic. In others, it can lead to more serious structural issues. Doors might stick, floors slope slightly, or visible cracks open up inside or out. It’s not dramatic like flooding or fire, but it can be difficult and expensive to deal with.

In 2022, following a summer of extreme heat, UK insurers paid out £219 million in subsidence claims, the highest figure in 16 years. Those numbers point to a growing problem, and one that isn’t likely to go away. Climate models suggest that by 2070, nearly 11% of UK homes could be in areas at high risk of subsidence, with London particularly exposed.

There are legal and financial implications for homeowners, tenants and property professionals. If subsidence is discovered during a house purchase, it can delay or derail the process. Mortgage providers may not approve lending until surveys are complete and remedial work is agreed. In some cases, buyers walk away altogether.

Insurance also becomes more complex. Once a property has a history of subsidence, premiums can rise, exclusions may be added, or cover might be refused altogether. Homeowners may find themselves locked into a single insurer or limited in their options for remortgaging or selling.

Disputes can arise between neighbours where subsidence is linked to tree roots, which draw moisture from the soil. If a tree on one property is found to have contributed to damage next door, liability becomes a legal question, often involving solicitors, surveyors, and lengthy correspondence.

There are responsibilities too. Homeowners are expected to maintain their properties, which includes dealing with early signs of subsidence and taking reasonable steps to prevent worsening damage. That might involve removing trees, improving drainage, or underpinning foundations, all of which carry cost and inconvenience.

Tenants also face uncertainty. While landlords are usually responsible for structural issues, delays in diagnosis or repairs can leave renters in uncomfortable or unsafe conditions for months. And unlike a leaking roof or faulty boiler, subsidence isn’t always straightforward to spot or fix. Renters may need to seek legal advice if repairs are not carried out in a reasonable timeframe.

The emotional and practical impact can be significant. For older people, the process of navigating repairs, insurance claims or moving out temporarily can be particularly stressful. For families trying to sell or remortgage, delays and uncertainty can upend plans.

And for anyone dealing with subsidence, the disruption often comes at the same time as wider financial pressures. The Bank of England estimates that 3.6 million households will see their mortgage payments increase over the next three years as fixed-rate deals come to an end.

Despite this, subsidence receives relatively little attention in national conversations about climate resilience. Discussions often focus on coastal erosion, flood defence and emissions reduction, rather than the everyday consequences of heat on built environments. But with hotter, drier summers becoming more common, subsidence needs to be part of the conversation.

There are ways to manage the risk. Building regulations can encourage foundation design that accounts for changing ground conditions. Local authorities can adopt more strategic approaches to tree planting and maintenance. Surveyors and conveyancers can flag risks earlier in the buying process. And insurers can work with customers to focus on prevention as well as claims.

What’s needed is clearer coordination. A joined-up approach between planning, property, legal and insurance sectors would help make subsidence less disruptive and costly for homeowners. It would also offer more certainty for buyers, sellers and tenants trying to make informed decisions.

The effects of climate change aren’t always sudden or spectacular. Often, they’re slow and incremental, a series of hot summers, a dry patch of soil, a growing crack in the corner of a room. But those small changes can add up. For the millions of people who rely on their home as both financial asset and place of security, recognising and responding to those shifts matters.

Subsidence isn’t just a technical problem. It’s a legal, financial and social issue, and one that deserves more attention as the UK adapts to a changing climate.

More like this
CLOSE
Subscribe
to our newsletter

Join a community of over 20,000 landlords and property specialists and keep up-to-date with industry news and upcoming events via our newsletter.