Spray foam insulation claims
Spray foam insulation is an expanding foam that is sprayed into location and is often used to insulate loft spaces and roofs, but can also be used in walls and other places.
Problems can arise with spray foam insulation because it is not particularly breathable and this can cause damp and mould. If it is not installed to a good standard and carefully, it can cause disrepair and problems for property owners because it is very difficult to remove.
Background
As a firm of solicitors, we are not experts in the products themselves and that is why we work with expert surveyors to assess potential claims. If you would like to know more about the products themselves then we direct you to the Royal Institute of Chartered Surveyors (‘RICS’) who have produced a comprehensive guide for consumers, which is found here https://www.rics.org/news-insights/rics-release-new-spray-foam-consumer-guide
Because of the problems spray foam insulation can cause, many mortgage lenders have taken the decision not to secure loans against any property that has spray foam insulation installed. This has caused concern among thousands of homeowners who have had spray foam insulation installed in good faith and to try and reduce their energy bills or decrease their carbon footprint.
Until recently, Her Majesty’s Government’s ‘Green Deal’ scheme of cheap loans for energy efficiency installations in homes financed spray foam insulation installations and so researchers at the House of Commons Library have published a note about it which you can read here: https://commonslibrary.parliament.uk/spray-foam-insulation-and-mortgages/
Anyone with spray foam insulation installed at their home or who is considering having it installed or buying a property with it, can read more information on how this may affect them here https://hoa.org.uk/advice/guides-for-homeowners/i-am-improving/spray-foam-roof-insulation/ as the Home Owners Alliance have produced some detailed advice and guidance on this and how the main lenders will approach the issue.
Whether and how badly your home is affected by issues arising from the spray foam insulation is often dictated by whether the installer has carried out an inspection of the roof to ensure that it is in good condition, whether they have applied the insulation every and in a professional manner and the type of insulation used (open cell or closed cell).
Not all properties that have spray foam insulation installed will be affected by disrepair, but it may be difficult for the owner of any property that has spray foam insulation installed to secure finance against it or to sell it to a buyer who needs a mortgage. We have been contacted by many people who find themselves in this position.
Disrepair
If you own a property that has had spray foam insulation installed in the last 5 years and you believe that it has caused or contributed to disrepair at your home, we may be able to assist you in bringing a claim.
The most common types of disrepair that spray foam insulation causes are problems with the roof and in the attic and damp and mould in the areas around where the spray foam insulation has been installed.
Proving that these issues are caused by the spray foam insulation is a matter for an expert surveyor who we would instruct to inspect your home if your spray foam insulation claim was accepted.
Defendant
Many of the companies who installed spray foam insulation are no longer in business and, if they are, they are unlikely to have the resources to satisfy a claim. It is common for properties to need a full roof replacement to remove the insulation and this can cost tens of thousands of pounds.
If you have paid for the spray foam insulation on a credit card or by way of a loan, you may be able to bring a claim against the lender. This includes spray foam insulation claims arising from the Green Deal scheme.
Even if you have only paid a small amount on a credit card or made a single loan payment before repaying it full, you may be able to pursue the bank rather than the installer.
What next?
If you have spray foam insulation installed in your home, please call us today on 01253 858231 to discuss whether we can assist you.
One of our team will take your instructions and if we accept your case it will be on a no win no fee basis.
