What the 4 Possible Subsidence Claim Statuses Mean for Homebuyers
When Question 9 of a CON29M report reveals that a Damage Notice was previously served on the property (or within 50 metres), ordering the full Subsidence Claims History Report from the Mining Remediation Authority will classify the claim into one of four legal outcomes:
| Recorded Claim Status | What Happened in Practice | Impact on Mortgage & Buildings Insurance | Buyer Due Diligence Action |
|---|---|---|---|
| Repaired — Final Completion Certificate Issued | Authority accepted liability, completed full structural repairs & signed off | Mortgageable & Insurable once Completion Certificate is shown to underwriter | Attach the Completion Certificate to your mortgage & insurance file |
| Rejected / Liability Denied by Authority | Owner submitted a Damage Notice, but engineers proved no mining movement occurred | No coal subsidence blight, but surveyor must check what caused the original crack | Ask seller via TA6 form whether thermal cracking, drains, or clay shrinkage was repaired |
| Settled by Depreciation / Payment in Lieu (Cash Payout) | Previous owner took a cash lump sum instead of having the Authority repair the structure | MAJOR RED FLAG — Lenders will refuse to lend unless structural engineer proves repairs were done | Demand proof of structural repairs or renegotiate/walk away |
| Active / Open Claim (Pending Resolution) | Ground movement or structural repairs are still ongoing or under investigation | Unmortgageable until repairs are finished OR Section 3 assignment is agreed with lender | Do not exchange contracts without specialist mining legal & lender sign-off |
The Biggest Trap: 'Depreciation / Cash Payment in Lieu of Repairs'
Under Section 8 and Section 10 of the Coal Mining Subsidence Act 1991, while the Mining Remediation Authority usually carries out physical structural repairs to a damaged home, in certain cases (such as where a house suffers a permanent slight tilt that is structurally stable, or where repair costs are disproportionate) the Authority is permitted to make a 'depreciation payment' or 'payment in lieu of executing remedial works' directly to the homeowner.
In the 1990s and 2000s, some homeowners accepted £10,000 to £30,000 cash payouts, filled over the cracks with cosmetic filler and wallpaper, and never carried out the underlying structural pinning or tie-bar works. A full Subsidence Claims History Report is the ONLY document that reveals whether the house was physically repaired by Authority contractors or settled via a cash payout!
If your CON29M states there is NO claim on the house you are buying, but records 1 or 2 resolved claims within 50 metres (for example, four doors down the street in 2004), do not panic. Under Data Protection rules, the Authority cannot give you the private repair files of a neighbour's house, and UK mortgage lenders almost always ignore historic resolved claims on neighbouring properties provided your own RICS survey shows zero structural movement at your address.
How to Order a Subsidence Claims History Report & Completion Certificate
If Question 9 of your CON29M identifies a claim on the target property boundary, your conveyancing solicitor (or you directly) can order the follow-up documents online from the Mining Remediation Authority Property Service (groundstability.com):
• Subsidence Claim History Certificate (£45–£75): Confirms the claim reference number, date of Damage Notice, decision outcome, total cost of works or compensation paid, and discharge date.
• Copy of Final Schedule of Works & Completion Certificate: Lists every single structural repair carried out (e.g. helical masonry beaming, resin grouting, roof re-levelling, drainage renewal) and provides the signed engineering certificate required by your buildings insurer.
Buyer's Checklist When a Past Subsidence Claim Is Flagged
Follow these four steps before proceeding with the purchase: