Published 3 February 2025 | By FJP Investment Editorial Team

Last updated: August 2026

If a property has suffered from subsidence in the past, one of the most common questions when it comes time to sell is: how long do you have to declare subsidence?

You may hear people refer to five-year, seven-year or ten-year rules. In reality, there is no simple period after which a known history of subsidence automatically becomes irrelevant and can safely be ignored.

The position depends on what happened, whether there was an insurance claim, whether the property was underpinned or otherwise repaired, what information is requested during the sale and what the estate agent, conveyancer, buyer, lender or insurer needs to know.

For example, the current Law Society TA6 Property Information Form asks sellers whether they have made any buildings insurance claims, whether insurance has ever been difficult to obtain or subject to special conditions, and whether there is an unexpired guarantee or warranty for underpinning.

There is no stated seven- or ten-year cut-off attached to those questions.

A history of subsidence can therefore remain relevant many years after the original movement has stopped, particularly where there was an insurance claim or structural repair.

This guide explains what sellers should know about historic and active subsidence, the TA6 form, insurance, mortgages, repairs and selling a property that has previously experienced structural movement.

Important: This article provides general information relating primarily to residential property sales in England and Wales. Subsidence and disclosure issues can be highly fact-specific, so sellers should follow the advice of their conveyancer where there is any uncertainty.

What is subsidence?

Subsidence occurs when the ground supporting part of a building moves downwards, causing the foundations and the structure above them to move.

It is different from settlement, which can occur naturally as a relatively new building adjusts to the ground beneath it, and from heave, where the ground moves upwards.

Subsidence can have a number of causes.

One of the best-known involves shrinkable clay soil. During prolonged dry conditions, clay can lose moisture and shrink. If this movement is uneven beneath the foundations, cracking can appear in the building above.

Trees and large vegetation can sometimes contribute because their roots remove moisture from the ground. This is particularly relevant where trees are close to buildings founded on shrinkable clay.

Other potential causes include:

• leaking drains or water pipes washing soil away;
• historic mining activity;
• poorly compacted or made ground;
• changes in groundwater conditions; and
• problems associated with particular ground conditions.

Not every crack in a house means subsidence.

Buildings move for many reasons and small cracks can result from ordinary thermal movement, drying plaster or minor settlement. A surveyor or structural engineer may therefore be needed where the cause is unclear.

How long do you have to declare subsidence?

There is no simple number of years after which a seller should assume historic subsidence no longer matters.

The better question is:

What information are you being asked to provide, and what do you know about the history of the property?

The current Law Society TA6 Property Information Form, used for many residential sales in England and Wales, includes questions about:

• whether the property is insured;
• whether obtaining property insurance has ever been difficult or subject to special conditions;
• whether the seller has made any buildings insurance claims;
• the date and resolution of those claims; and
• any unexpired guarantee or warranty relating to underpinning.

The question concerning buildings insurance claims does not restrict the answer to claims made only within the past five, seven or ten years.

So if a subsidence claim was made during the seller’s ownership, the fact that it happened a long time ago does not by itself turn the correct answer to that insurance-claims question into “no”.

You can read more about the current form on the Law Society’s guidance on the TA6 6th edition.

Does the TA6 form specifically ask: “Has this house had subsidence?”

This is an important distinction.

The current TA6 6th edition does not simply contain a single blanket question asking every seller whether the property has ever experienced subsidence.

Instead, historic structural problems can become relevant through several different parts of the form.

For example, the form asks whether the seller has made any buildings insurance claims and requires details of when those claims occurred and how they were resolved.

It also asks whether property insurance has ever been difficult to obtain or subject to special conditions and specifically refers to warranties or guarantees for underpinning.

Additionally, the buyer’s solicitor may raise further enquiries where surveys, searches, insurance information or other documentation identify a possible structural issue.

The sensible approach is therefore not to look for a technical loophole in the wording of one question.

If your conveyancer asks for information about subsidence, structural movement, insurance claims or remedial works, answer accurately and provide the relevant documents where available.

What if the subsidence happened before you owned the property?

A seller can normally only provide information that they actually know or have records for.

The current TA6 form deliberately uses wording such as “are you aware” for a number of questions and provides “not known” options in appropriate places.

If subsidence occurred decades before you bought the house and you genuinely know nothing about it, that is different from knowing that the property was previously underpinned or being in possession of documentation relating to an old claim.

You should not guess.

Equally, you should not answer “no” simply because an event took place before your ownership if you are in fact aware that it happened.

If you are unsure how to answer a particular conveyancing question, speak to your solicitor or conveyancer.

Do you have to declare repaired or historic subsidence?

Historic subsidence that has been properly investigated, stabilised and repaired is very different from a property currently experiencing movement.

But repaired does not necessarily mean irrelevant.

Past subsidence may still affect:

• the buyer’s decision;
• the lender’s valuation;
• the type of survey recommended;
• buildings insurance;
• insurance excesses or special conditions;
• future claims; and
• the property’s marketability.

If the original problem resulted in a buildings-insurance claim, for example, that claim is directly relevant to the insurance section of the current TA6 form.

If the property was underpinned and there is a guarantee or warranty, that documentation may also need to be supplied.

A long period without further movement can be reassuring to a buyer, but it does not rewrite the history of the property.

Active subsidence vs historic subsidence

The distinction between active and historic subsidence is crucial.

Active subsidence

Active subsidence means movement is continuing or has not yet been shown to have stopped.

An insurer or engineer may need to monitor cracks or levels over a period of time before reaching a conclusion.

Where movement is active, the buyer, mortgage lender and insurer may require considerably more information before proceeding.

Historic subsidence

Historic subsidence refers to a previous episode where the cause has been addressed and the building is no longer believed to be moving.

That could include:

• repairs to leaking drains;
• management of problematic vegetation;
• structural repairs;
• foundation work;
• underpinning; or
• monitoring demonstrating that movement has ceased.

For many buyers, evidence that the problem was professionally investigated and successfully resolved will be significantly more reassuring than uncertainty about an unexplained crack.

Does subsidence always mean underpinning?

No.

Underpinning is one possible method of stabilising foundations, but it is not required in most subsidence cases.

RICS notes that fewer than 5% of properties suffering from subsidence require underpinning and recommends it as a last resort where appropriate.

If the problem is caused by a leaking drain, repairing the pipework may be sufficient to stabilise the ground.

If vegetation is contributing to shrinkage of clay soil, an appropriate programme of tree management may be considered following professional advice.

The correct remedy depends on the cause.

Homeowners should therefore avoid assuming that cracks automatically mean a building needs expensive foundation work.

Further information is available in the RICS consumer guide to subsidence.

What happens if a seller gives incorrect information about subsidence?

Providing inaccurate information during a property transaction can create serious problems.

A buyer may rely on answers supplied during conveyancing when deciding whether to purchase a property and at what price.

If a seller provides a false answer to a specific enquiry or misrepresents the property’s history, the buyer may potentially have remedies under the law of misrepresentation depending on the facts and the loss suffered.

The consequences are not automatic and every case turns on its own circumstances, but this is one reason sellers should answer property-information questions carefully rather than simply providing the answer they think will make the sale easier.

The Law Society’s explanatory guidance for the current TA6 form advises sellers to prepare their answers carefully and discuss questions with their solicitor where necessary.

What are the estate agent’s responsibilities?

The responsibilities of an estate agent are separate from those of a private homeowner.

Estate agents operate as traders dealing with consumers.

Consumer-protection provisions in the Digital Markets, Competition and Consumers Act 2024 prohibit traders from engaging in misleading actions and misleading omissions.

In broad terms, material information is information an average consumer needs in order to make an informed transactional decision.

The government has been developing additional guidance for property professionals on how those responsibilities apply to residential listings.

This means an estate agent who is aware of a significant property issue cannot simply assume that potentially material information should be concealed until late in the transaction.

Exactly what information is material will depend on the individual circumstances.

Can you sell a house with subsidence?

Yes.

There is no general rule preventing a house affected by subsidence from being sold.

The practical difficulty depends on the seriousness and status of the problem.

A property with a historic claim, completed repairs and many years of stability may be relatively straightforward to sell.

A house currently moving, with an unresolved insurance claim and no established repair strategy, presents a very different risk.

Potential buyers may include:

• ordinary owner-occupiers;
• buyers prepared to undertake repairs;
• property investors;
• developers; and
• cash purchasers where mortgage availability is limited.

A seller should not automatically assume that a cash buyer is the only option simply because the word subsidence appears in the history.

Can you get a mortgage on a house with previous subsidence?

Potentially, yes.

Lenders assess the individual property and may take account of the surveyor’s or valuer’s findings, the nature of the previous problem and evidence that it was resolved.

A lender may want to understand:

• what caused the movement;
• when it occurred;
• whether it was monitored;
• what repairs were completed;
• whether underpinning was required;
• whether there has been further movement;
• whether buildings insurance is available; and
• whether any guarantee or professional documentation exists.

Availability can therefore differ substantially between an old, resolved problem and active movement.

A buyer should speak to their mortgage adviser or lender rather than assuming all lenders take the same approach.

Does subsidence reduce the value of a house?

It can, but there is no credible universal percentage by which every property affected by subsidence falls in value.

The old version of this article referred to reductions of 20–25%. That is too broad to use as a general rule.

The effect on value depends on matters including:

• whether movement is active or historic;
• the cause of the problem;
• the cost and disruption of any necessary work;
• whether repairs have already been completed;
• availability and cost of insurance;
• mortgage availability;
• quality of supporting documentation;
• location and underlying demand; and
• how buyers perceive the risk.

In some circumstances, an unresolved structural problem may materially reduce what a buyer is willing to pay.

In others, a well-documented historic episode may have a much smaller effect.

Our guide to property depreciation and factors affecting property value examines some of the wider reasons homes can lose value.

How much does subsidence repair cost?

Again, there is no sensible single figure.

The cost depends on the cause and the solution.

Repairing a defective drain may cost considerably less than major foundation work.

Where underpinning really is required, RICS states that an engineered underpinning solution for a typical house may cost approximately £10,000 to £75,000, potentially more for larger or more complex properties.

But this should not be interpreted as the “cost of subsidence”.

Most subsidence cases do not require underpinning.

The correct approach is to diagnose the cause before attempting to price the solution.

Does buildings insurance cover subsidence?

Subsidence is commonly included within buildings insurance, although policies and exclusions vary.

The Association of British Insurers states that most buildings policies will usually cover damage to the structure caused by subsidence and that a subsidence excess of around £1,000 is common.

Policyholders should check their own terms rather than assuming the same excess or cover applies to everyone.

The ABI recommends contacting the insurer as soon as possible where subsidence is suspected.

Depending on the severity of the problem, the insurer may appoint specialists, monitor movement and arrange appropriate remedial work.

More information is available from the Association of British Insurers’ subsidence guidance.

What happens to insurance after a subsidence claim?

A previous subsidence claim does not necessarily make a property permanently uninsurable.

However, it can affect the insurance market available to the property.

An insurer may want details of the previous claim and repairs. Premiums, excesses or policy conditions can also differ depending on the circumstances.

This is one reason continuity of insurance can become important during a sale.

Where a seller has an existing insurer who is familiar with the property’s subsidence history, it can be useful for the buyer to investigate insurance availability early rather than leaving the issue until immediately before exchange.

The seller should not promise that an existing policy can simply be transferred, because insurance arrangements depend on the insurer and the individual buyer.

What documents should you gather before selling?

If your property has a known subsidence history, good documentation can make an enormous difference.

Try to gather whatever is available, including:

• the original insurance claim correspondence;
• structural engineer reports;
• survey reports;
• crack or level monitoring records;
• drainage investigation reports;
• arboricultural reports where trees were involved;
• details of remedial works;
• invoices and completion records;
• underpinning guarantees or warranties;
• building-regulations documentation where relevant;
• correspondence confirming the claim was closed; and
• current buildings-insurance information.

The objective is to replace uncertainty with evidence.

A buyer faced with the words “historic subsidence” but no further information may imagine the worst.

A buyer who can see what happened, why it happened, how it was treated and how long the building has subsequently remained stable has much more information on which to make a decision.

What is a certificate of structural adequacy?

Following significant structural repairs, owners sometimes refer to a certificate of structural adequacy or similar professional documentation.

The exact document provided depends on the work, engineer, insurer and circumstances.

Buyers should not assume that the existence of a certificate guarantees a property against all future movement.

Instead, the document should be read alongside the original reports, cause of the movement and details of the work undertaken.

If the buyer or lender requires a particular form of professional confirmation, they should establish this during the transaction.

Should you repair subsidence before selling?

Often it is easier to sell a property once an active problem has been properly investigated and resolved, but that does not mean every seller should personally complete every possible repair before marketing.

The decision may depend on:

• whether an insurance claim is already underway;
• how long monitoring is expected to take;
• the cost of repair;
• the urgency of the sale;
• whether the buyer is prepared to take on the work; and
• the likely effect on price.

Starting cosmetic repairs before the cause of movement is understood can also be counterproductive.

If cracks reappear, the seller may simply have hidden a symptom rather than solved the underlying problem.

Where active structural movement is suspected, obtain appropriate professional advice first.

What should sellers do when preparing the property for sale?

A sensible process is:

1. Establish exactly what happened

Do not rely purely on family recollection or assumptions. Look for the reports and insurance records.

2. Tell your conveyancer early

Explain the history before completing property-information forms so your solicitor can advise on the appropriate answers and documents.

3. Answer questions accurately

If the correct answer is yes, answer yes and explain it.

A resolved problem supported by good paperwork is usually easier to deal with than an inaccurate answer discovered later.

4. Gather repair evidence

Provide structural reports, guarantees, monitoring information and insurance correspondence where relevant.

5. Consider insurance early

Insurance can affect mortgageability, so it is useful to know whether normal cover remains available.

6. Avoid making unsupported claims

Do not advertise a property as having “no structural problems” or say subsidence is “completely cured forever” unless you have an appropriate professional basis for doing so.

What should buyers do if a house has had subsidence?

A history of subsidence is not necessarily a reason to abandon a purchase.

It is a reason to investigate.

A buyer may want to consider:

• a suitable building survey;
• specialist structural advice where recommended;
• the history of insurance claims;
• the cause of the movement;
• evidence of monitoring;
• repair documentation;
• insurance availability;
• the mortgage lender’s requirements; and
• whether the agreed purchase price reflects any remaining risk.

Our article on issues commonly flagged during a property survey explains some of the wider defects buyers may encounter.

Frequently asked questions about declaring subsidence

How long do you have to declare subsidence when selling a house?

There is no simple five-, seven- or ten-year expiry rule. Historic subsidence can remain relevant, particularly where there was a buildings-insurance claim, underpinning, special insurance conditions or a specific enquiry about structural history. Sellers should answer the questions they are asked accurately and discuss uncertainty with their conveyancer.

Do you have to declare subsidence from 20 years ago?

If you are aware of an old subsidence event and the transaction asks for information that covers it — such as a buildings-insurance claim made during your ownership or an underpinning warranty — the age of the event does not automatically make it irrelevant. The correct answer will depend on the wording of the question and what you actually know.

Do you have to declare subsidence that has been fixed?

Repairing subsidence does not erase the fact that an insurance claim or structural works took place. Where those matters are asked about during conveyancing, accurate information should be supplied. Evidence that the problem was successfully resolved can help reassure buyers.

Does the TA6 form ask about subsidence?

The current TA6 6th edition does not simply contain one standalone question asking whether a property has ever had subsidence. It does ask about all buildings-insurance claims, insurance difficulties or special conditions and underpinning warranties, all of which may capture a subsidence history.

Can I sell a house that has been underpinned?

Yes. Underpinning does not prevent a property being sold. Buyers, lenders and insurers may want to see the reasons for the underpinning, professional reports, guarantees and evidence that the building has remained stable.

Will subsidence stop a buyer getting a mortgage?

Not necessarily. Mortgage availability depends on the individual property, whether movement is active, the repairs undertaken, the lender’s valuation and insurance availability.

Does historic subsidence always devalue a house?

No fixed percentage applies. The effect on value varies according to severity, whether the problem is active or resolved, documentation, mortgageability, insurance availability and local buyer demand.

Does buildings insurance cover subsidence?

Many buildings insurance policies cover structural damage caused by subsidence, subject to the policy wording and excess. The ABI says an excess of around £1,000 is common, but homeowners should check their own policy.

What if the seller didn’t declare subsidence?

The legal position depends on what the seller knew, what was asked, what information was provided and whether the buyer relied on an inaccurate representation. A buyer who discovers significant undisclosed information after purchase should seek independent legal advice rather than assuming a particular remedy automatically applies.

Final thoughts

The question “how long do you have to declare subsidence?” sounds as though it should have a simple numerical answer.

It does not.

There is no general rule saying that known historic subsidence disappears from relevance after seven years, ten years or any other fixed period.

What matters is the history of the property, what the seller knows and what information is being requested during the transaction.

The current TA6 form asks about buildings-insurance claims without imposing a simple time limit, as well as insurance difficulties and underpinning warranties. Buyers and their conveyancers may also raise further questions where a survey or other information identifies structural concerns.

For sellers, transparency does not need to mean presenting an old, successfully repaired problem as though the house is currently falling down.

It means explaining the facts accurately.

If movement occurred 15 years ago, the cause was identified, repairs were completed, the claim was closed and the building has remained stable ever since, those facts are all relevant.

Good documentation can turn a worrying phrase such as “previous subsidence” into a much clearer history that a buyer, surveyor, insurer and lender can properly assess.

Jamie Johnson, CEO of FJP Investment, comments: “With property, uncertainty usually causes more concern than the facts themselves. If there was a problem years ago and it was dealt with properly, having the reports and paperwork available is far better than trying to avoid the subject and letting somebody discover it halfway through the transaction.”

For anyone unsure about what should be included in a property information form or how historic structural movement should be described, the safest course is to speak to the conveyancer handling the sale before completing the paperwork.

This article is provided for general information only and should not be regarded as legal, structural, insurance or financial advice. Sellers and buyers should obtain appropriate professional advice for their individual circumstances.