Cavity wall claims

In 2015, a survey of 250,000 residential properties with cavity wall insulation found problems   such as mould, condensation, damp, poor heat retention or damage to the walls in a very large proportion of these homes. Further examination established that many, often those built by the local authorities and their contractors, had the cavity walls incorrectly fitted which caused significant problems and, in many cases made properties unfit for human habitation.

The purpose of cavity wall insulation is to make homes warmer and more energy efficient. However, it has been found that many have been installed incorrectly which led to significant problems and in extreme cases devalued the affected properties and/or caused health risks, particularly for people with pulmonary medical conditions. One of the significant problems identified with inappropriate installation has been found to have occurred during the pre-assessment process. Many houses had the insulation installed when it was not appropriate to do so such as those in areas exposed to a lot of rain.

The issues with cavity wall insulation can often take a few years to fully come to light, but legal action should be considered within the limitation period of six years. In the first instance, you should write to the company who installed the insulation setting out the details of your complaint and the steps required in order to resolve the issue. You will, in most cases, need to appoint a surveyor to assist in identifying the extent of the problem and write a report.

Can you receive compensation?

Assuming that if the installing firm is still trading, you should approach them and request that the cavity wall and insulation be re-installed in accordance with the appropriate building standards. You could also seek compensation for the associated issues such as damage to furniture, redecoration and treatment for health problems. Whilst this may be difficult with construction companies, it should be easier to find a mutually acceptable solution with local authorities.

Reputable energy suppliers should have registered a guarantee for the cavity wall insulation with the Cavity Insulation Guarantee Agency (CIGA). However, there are often limits on pay-outs under the guarantee scheme, which your bill for rectification works may far exceed.

Unfortunately, seeking compensation from small building contractors, particularly those who have closed can be very difficult. Even more complicated is the area of directly trying to sue a defunct company’s former insurers so, realistically, those affected are most likely to recover the costs of repair from the local authority or large developers.

What is the limitation period?

Cause of action is likely to be the breach of contract and/or negligence so legal action must commence within six years. Time will run from the date the cavity wall was erected and it is important not to ignore the early signs of poor installation and seek legal advice straight away.