Spray Foam Insulation – the Legal Viewpoint

Spray foam insulation has gained popularity in recent years as an effective solution for improving energy efficiency in homes. It is estimated as many as 250,000 homes in the UK have this type of insulation, with much of it installed under the previous government’s Green Homes Grant Scheme. However, in England and Wales, homeowners considering this insulation method should be aware of some legal issues and potential pitfalls associated with its installation. Here’s our legal viewpoint on spray foam insulation.

One of the primary concerns with spray foam insulation stems from its impact on mortgage lenders’ willingness to provide loans. Many lenders, including some major national banks, have expressed reservations about properties with spray foam insulation, primarily due to issues related to moisture and ventilation. If the foam is not properly installed, it can trap moisture, potentially leading to damp and mould problems over time. These conditions can seriously affect the structural integrity of a property, thus impacting its market value and making lenders wary of approving mortgages for houses with this type of insulation.

Furthermore, the installation of spray foam insulation can void any warranty on roofing or other structural components, leading to legal disputes between homeowners and builders or installers. Since spray foam is a permanent installation, any issues related to incorrect application could require costly and invasive remediation efforts often running to many thousands of pounds. Homeowners should ensure they hire reputable, certified professionals to mitigate the risk of improper installation and to ensure compliance with building regulations.

Another legal consideration revolves around disclosure requirements in property transactions. When selling a property that contains spray foam insulation, sellers are obliged to inform potential buyers of its presence. Failure to do so can result in legal action or claims for misrepresentation, especially if the insulation leads to unforeseen issues after the sale is completed.

To navigate these legal challenges effectively, homeowners should approach spray foam insulation with careful consideration. This includes obtaining comprehensive assessments of the property to identify any pre-existing issues, using licensed contractors with proper insurance coverage, and maintaining thorough documentation of the installation process. Additionally, consulting with legal professionals or property specialists can help ensure all regulatory and disclosure obligations are met.

By being mindful of these legal nuances and challenges associated with spray foam insulation, homeowners in England and Wales can make informed decisions that safeguard both their property’s integrity and financial investments in the long term. We always advise clients to have any property that they are buying surveyed. After all it is most people’s biggest investment. This advice is particularly salient if the property is one of the many with spray foam insulation.

As with any investment decision, when buying a property it’s vital that you do your homework carefully. As well as fully researching the location and market that you are looking to buy in, it’s vital that you seek advice of experts, including surveyors and financial advisors. Alexander JLO, its Partners and employees cannot provide specific advice on choice of location or the market but can advise on all matters legal once you have made a decision to buy a property.

If you are looking for a first rate conveyancing service why not give one of Alexander JLO’s specialist property lawyers a call on 020 7537 7000, click on the get a quote button or email quote@london-law.co.uk for a free, no-obligation quotation? Come and see what we can do for you.

This blog was prepared by Alexander JLO’s property partner Matt Johnson on 15th January 2025 and is correct at the date of publication. Matt has many years of experience of dealing with property work and specialises in new build and shared ownership properties.  His profile on the independent Review Solicitor website and be found here