Tree root subsidence
Subsidence occurs when the soil beneath a building is unstable and sinks downward. This is not the same as ‘settlement’, which is caused by the weight of the building, but it can still have a negative impact in terms of the overall structural stability. The opposite effect of subsidence is ‘heave’, where the site upon which the building is situated moves upwards and/or sideways.
Burge v South Gloucestershire Council:
In a ground-breaking decision of interest to property professionals and homeowners, a couple whose conservatory was catastrophically undermined by the roots of a protected oak tree have won £25,000 in compensation from their local council.
The tree, which was protected by a tree preservation order (TPO), reached a height of up to 11 m and stood just outside the couple’s garden, about 13 m from their home. Expert evidence pointed to it as the cause of severe cracking in the couple’s conservatory but the council had refused to allow it to be felled because of the impact that would have on the area’s visual amenity.
The couple sought compensation under Section 203 of the Town and Country Planning Act 1990 after the conservatory had to be demolished and rebuilt. In resisting the claim, however, the council argued that the conservatory had not been constructed in accordance with building industry standards.
Its foundations were extremely shallow and, had it been more solidly built, it would have been better able to resist the pressure of the tree roots. In the circumstances, it was submitted that an award to the couple could open the floodgates to a barrage of similar claims against local authorities in respect of shoddily built structures affected by tree roots.
In upholding the couple’s claim, however, the Upper Tribunal ruled that the damage to the conservatory was reasonably foreseeable. The couple had been perfectly entitled to put their trust in professional contractors they employed to construct the conservatory. It would not have been damaged had it not been for the council’s refusal to permit felling of the oak.
The council was ordered to pay £25,000 in compensation, plus the legal costs of the case.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
International Electrician Day, 10 June 2025
Celebrating the role of electrical engineers from André-Marie Amperè, today and for the future.
New guide for clients launched at Houses of Parliament
'There has never been a more important time for clients to step up and ...ask the right questions'
The impact of recycled slate tiles
Innovation across the decades.
EPC changes for existing buildings
Changes and their context as the new RdSAP methodology comes into use from 15 June.
Skills England publishes Sector skills needs assessments
Priority areas relating to the built environment highlighted and described in brief.
BSRIA HVAC Market Watch - May 2025 Edition
Heat Pump Market Outlook: Policy, Performance & Refrigerant Trends for 2025–2028.
Committing to EDI in construction with CIOB
Built Environment professional bodies deepen commitment to EDI with two new signatories: CIAT and CICES.
Government Grenfell progress report at a glance
Line by line recomendation overview, with links to more details.
An engaging and lively review of his professional life.
Sustainable heating for listed buildings
A problem that needs to be approached intelligently.
50th Golden anniversary ECA Edmundson apprentice award
Deadline for entries has been extended to Friday 27 June, so don't miss out!
CIAT at the London Festival of Architecture
Designing for Everyone: Breaking Barriers in Inclusive Architecture.
Mixed reactions to apprenticeship and skills reform 2025
A 'welcome shift' for some and a 'backwards step' for others.
Licensing construction in the UK
As the latest report and proposal to licence builders reaches Parliament.
Building Safety Alliance golden thread guidance
Extensive excel checklist of information with guidance document freely accessible.
Fair Payment Code and other payment initiatives
For fair and late payments, need to work together to add value.
Pre-planning delivery programmes and delay penalties
Proposed for housebuilders in government reform: Speeding Up Build Out.
High street health: converting a building for healthcare uses
The benefits of health centres acting as new anchor sites in the high street.