"Out in the cold": The problem with spray foam insulation and advice for homeowners

Adam Benedict was recently contacted by the BBC who have published an article today concerning the use of spray foam insulation in residential properties.  A link to the website article can be found here.

What is spray foam insulation and how does it affect me?

Polyurethane spray foam has previously been promoted as a ‘green’ building solution, typically used to insulate roofs, lofts and attics in place of other traditional methods of construction.  However, it appears to be increasingly common for issues to arise from its use, including serious property defects, reduced ventilation, dampness and decay.  We understand that the use of spray foam could be harmful to health because of the fumes that are produced during the installation process.  It is also difficult to uninstall and cannot be decorated over.  Accordingly, lenders are becoming increasingly reticent to provide loans where spray foam has been identified at a property.  

Where can I obtain more information, help and guidance?

The House of Commons Library contains useful guidance about the steps that homeowners might consider taking should they find that they are affected by spray foam insulation installed under the Government’s Green Homes Grant.  In the most serious of cases, if it appears that the installation was carried out improperly, or the benefits of using spray foam was misrepresented, then a specialist construction and/or consumer lawyer may be able to provide specific advice.  Significant claims may arise in circumstances where the installation of spray foam reduces the overall property value, or results in the need for major remedial work.  Ultimately, a homeowner may decide to bring a claim for breach of contract, negligence, misrepresentation or product liability, depending on the circumstances. 

What about future regulation?

We expect future potential government action might include the introduction of industry-specific and/or consumer-centric regulations, in particular, relating to health and safety, mis-selling and cold-calling practices (where firms might be targeting vulnerable citizens) or protections relating to the unauthorised use of spray foam on listed buildings.  However, the indication is that the Government is presently unwilling to take any further action to assist homeowners.  The Department for Energy says that these are private matters between the homeowner, the installer, qualified surveyors, manufacturers and/or lenders.  

The Government’s restraint may also be due to the fact that there is a dispute resolution procedure already in place through the Trust Mark scheme (https://www.trustmark.org.uk/).  It should be noted, however, that lenders are not currently prevented from refusing loans even where the property originally benefited from the Green Homes Grant and the contractors are registered through the Trust Mark scheme.  We believe spray foam insulation has also been removed from the Government’s latest eco-retrofit initiative, which brings into question the overall practical benefits of using spray foam as a safe, dependable and eco-friendly construction material.

What do Adam Benedict’s lawyers think about this issue?

As this issue becomes more prevalent, we could see an influx in small claims concerning issues arising from spray foam insulation, primarily because we expect most claims are likely to be under the small claims threshold (currently £10,000 per claim).  Many homeowners may feel that they are able to conduct small claims litigation without the need to engage a lawyer.  From a costs perspective, this is understandable, but we recommend that homeowners consider taking early advice from the outset as to the merits of their claim and using the Court system, which can result in disproportionate costs, time and avoidable stress.

Where can I obtain legal advice?

If you are affected by spray foam insulation, please do not hesitate to contact us - just click below: