What is Removal of Support? Removal of Support, in simple terms, is “the act of weakening of, interference with, or removing support from third party property/buildings/structures.

This is normally caused by excavating very close to an existing building, to a depth below the foundations.

The ground below the foundations would no longer have the weight/pressure of the surrounding earth to keep it in place.

Why is the cover required?

In terms of the law, there is a duty placed on the owner of land/property (or a developer), to provide lateral support to adjacent land or property. This is clear from decisions made in various court cases, from as early as the 1890s.
Basically, an aggrieved party can bring an action against the owner of a neighbouring property, when the latter removes or interferes with the lateral support of his land or building, causing damage or injury to arise.

It is important to note that a person can “lawfully” remove lateral support. However, the removal is converted into an “unlawful act”, as soon as it causes damage to the adjacent land and/or property. The Party responsible for this unlawful act would become “legally liable” for any resultant injury to third parties, or damage to third party property.

Since the legal duty is placed on the owner/developer, they would be responsible for taking out the cover.

Removal of Lateral Support Insurance (RLSI): if the execution of the work causes weakening or damage or interference with the support of land or property on site or adjacent to the site and the consequences thereof, then the removal of lateral support cover is an extension that can be bought under the Public Liability Section of the Contractors All Risks Policy.

Cover for the removal of lateral support must be applied for each Contract/scope of works individually, and prior to digging or commencement of the work. 

This is not included on any open annual Contractors All Risks Policy and neither is it automatically included on a Contractors All Risks cover, this is additional cover to be requested, subject to terms and conditions of the Policy, and an additional premium is charged.

Your Insurer will require an Engineers Report, scope of works for the lateral support cover to consider offering the cover for lateral support for a specific contract/works/job.

The best and most accurate way to confirm if Lateral support cover is required is by means of contacting the Consulting Engineer or Quantity Surveyor that has been appointed on the contract to confirm if Lateral support cover is required.

 Article written by Andrew Ensor-Smith 0n 9 February 2020