A homeowner has secured a substantial payout after purchasing a property ten years ago, partly financing it by trading in their previous home.
The High Court ruled that the house had been constructed with unsuitable foundations that caused significant structural damage, including major cracks throughout the property. The court awarded approximately £420,000 in provisional damages to the owner of a four-bedroom detached home on the Persimmon Homes estate, Sibley Park, in Earley, Berkshire. The property, purchased for £649,495 in 2015, was built on land that previously housed University of Reading student accommodation.
Foundation failure
Deputy High Court Judge Alan Bates determined that the property should have been built using pile foundations, extending deep enough to sit below the root level of trees that formerly occupied the site. Persimmon Homes acknowledged the property lacked proper foundations and admitted breaching their contract with the buyer.
The homeowner initially argued for complete demolition of the house. However, Judge Bates ruled that tearing down the entire building would be “extreme and disproportionate,” despite expressing “considerable sympathy” for the owner’s situation.
Instead, the property will undergo major remedial work. Plans include constructing a new superstructure to support the existing building, replacing the entire ground floor, and providing additional support for the detached garage and front porch.
The damage award breaks down as follows:
- £385,543 for building repairs
- £27,700 for temporary housing during construction
- £10,000 in aggravated damages
The judge clarified that while the foundation issues caused visible problems, such as cracking and gaps, the house was not deemed uninhabitable. The structural movement did not pose safety risks to residents or make living conditions significantly uncomfortable or inconvenient.
Suitable foundations are vital, particularly where buildings are constructed on sites where trees have been removed. Tree roots can cause soil changes that affect building stability, making appropriate foundation depth crucial for long-term structural integrity.
For homeowners facing similar construction defects, this ruling demonstrates that builders can be held accountable for foundation failures, though complete demolition remains a high bar to reach in court. The substantial award reflects both the serious nature of the defect and the extensive work required to correct it.
Always consult an independent Chartered Surveyor when buying any type of property – new or old.