A recent report suggests that subsidence losses cost insurers between £140-400 million annually, and a significant proportion of these claims are tree related.
This type of damage to a major asset is difficult and emotive for the homeowner. Where a local authority tree is involved, it can also cause a dispute that often becomes lengthy and convoluted.
Climate change
The UK Government has targeted 30,000 hectares of new tree planting annually until 2025 to help reach carbon mitigation goals. Trees can play an important part in adapting to climate change too, but if not properly maintained they can also, unfortunately, become problematic.
Tree root related subsidence only occurs in soils with a moderate to high clay content. During long spells of hot, dry weather, the tree roots draw more water, and the subsoil becomes increasingly desiccated and shrinks.
This change in ground conditions can cause nearby buildings to move and fracture, which can often result in an insurance claim.
Third-party involvement
When there’s third-party involvement and local authority trees are causing the issue, mitigation can be challenging. Supporting evidence must be gathered to demonstrate that the tree is the ‘effective and substantial’ cause of the property damage before any recommended actions can be put forward for agreement.
A significant part of this process involves monitoring the stability of the damaged property over a given period to show seasonal movement that supports the presence of tree root activity and clay shrinkage. Typically, this can take anywhere between eight to twelve months.
There’s also a Duty to Consult. Under S115 of the Environment Act 2021, which came into force on 30 November 2023. This means local residents will be able to express their views on any proposed works to local authority owned street trees. According to the Act, public consultation must take place, and notices must be posted on trees and the local authority website.
Although the Act came into force in 2023, it is not live. Funding for the change in duties and additional resource needed hasn’t been agreed and made available to local authorities yet. However, this process will place increased pressure on local authorities in terms of administration and be yet another call on tight finances.
Times are changing
In response to the need to reduce claim lifecycles for everyone involved, there’s a good deal of activity around developing solutions that drive faster outcomes, whatever that may be.
Early intervention and good working relationships with local authorities, arboriculturists and bodies such as the London Tree Officers Association are essential to establishing new market best practices that will help speed up the process.
A collaborative approach and appreciation of the challenges on all sides is definitely the best way to achieve a quicker decision in these situations, enabling insurers to move forward with repairs to customers’ properties.
Whether it’s tree removal or tree reduction, the decision on how to address the damage being caused by the tree must be made by local authorities in the first instance. Providing accurate and reliable evidence to support this is crucial.
Satellite monitoring
New technology in the form of satellite monitoring, enables us to capture high-resolution geographical data from the previous 24 months. This provides retrospective evidence on seasonal building movement in a fraction of the time taken for terrestrial monitoring.
Currently in its pilot phase, this innovative new initiative is already driving faster tree management decisions. The technology is now being applied to 300 London postcode areas and is receiving grant funding from the Space Agency.
Alternative solutions
Where a tree is subject to a tree preservation order (TPO) or attracts significant public interest, other technical solutions can be applied to retain the tree.
Strategically designed and engineered options (such as underpinning, new or remedial piled foundations and rafts, copper root barriers or geopolymer ground injections) often provide acceptable alternative ground-stabilising solutions to allow essential property repairs.
None of the above is environmentally friendly, but neither is felling a tree. However, current tree-planting schemes provide a small gain to offset the additional carbon costs.
Unfortunately, some tree removal cases can become protracted. When this occurs, it’s essential for all parties, including building consultants, solicitors, insurers and loss adjusters, to work together in a joint strategy.
A financial contribution towards a local authority’s conservation or environmental projects can often compensate for an agreement to remove a problematic tree. Certainly, a more collaborative approach helps to streamline negotiations and allows all parties to move forward.
Common ground
Crucially, through cooperation and working together, we can make the process more time and cost-effective for all involved.
We must understand and appreciate the challenges on all sides and keep communicating in key areas of common ground:
- Quicker decisions, whatever they may be, are vital to promoting positive change.
- New technology plays an integral part in speeding up the monitoring process.
We must all consider the environmental impact of everything we do.
