Home adaptations after a serious injury can range from installing grab rails and ramps to moving into a different, fully accessible property. Reasonable housing costs can form part of a personal injury claim. But valuing a more expensive home differs from ordinary adaptations, particularly after a Court of Appeal decision in 2020. That distinction matters for long-term planning.
What a home adaptations claim can cover
Smaller adaptations may include a ramp, grab rails, a stairlift or wider doorways. After a spinal injury or amputation, you might need a level-access bathroom, ground-floor bedroom, hoists, accessible kitchens or enough space for a wheelchair and carers. An extension or major alteration may be necessary. Following a severe brain injury, layout, supervision and safety requirements may be particularly important. Sometimes the existing house cannot reasonably be adapted, and a move to a more suitable property is the practical solution.
These expenses are generally considered special damages, the financial losses and expenses arising from an injury, rather than general damages for pain and suffering. Evidence of medical necessity, reasonable costs and future needs determines what can be recovered. Buying another property introduces a separate valuation problem because the home itself retains value.
Why the law doesn’t simply pay for a new house outright
Suppose your injury means you need a suitable home costing £200,000 more than you would otherwise have spent. It might seem that your compensation should automatically include the entire additional £200,000. The law considers another factor: the enduring value of the property.
A house is an asset that normally remains part of your estate. Unlike money used to pay carers or replace wages, its entire purchase price is not consumed through use. Awarding the whole additional capital sum could leave an asset worth more than the home you would have owned without the injury. The courts have therefore tried to compensate the extra housing need while avoiding an unintended financial windfall to your estate. That balance is difficult, particularly when suitable accommodation is essential to your independence and the money must be available when you need to buy.
How courts value additional accommodation costs today
For many years, the courts used the approach developed in Roberts v Johnstone in 1989. This calculated a notional annual investment return on the additional capital needed for housing, then valued that income stream over the injured person’s remaining life. It depended on the personal injury discount rate applicable at the time.
The approach became unworkable after the discount rate fell below zero in 2017. Applying a negative rate could produce no award under Roberts v Johnstone, even where a claimant had an established need for significantly more expensive accommodation. This created a serious problem: injured people could be forced to divert compensation intended for care, lost earnings or other essential expenses towards buying a suitable home.
In 2020, the Court of Appeal addressed this in Swift v Carpenter. Mrs Swift needed a property costing £900,000 more than the home she would otherwise have occupied, but the previous calculation had produced no accommodation award. The court instead calculated the additional capital cost and deducted the present value of the reversionary interest, reflecting the eventual value retained by the estate. It used an annual 5% rate to value that interest over a life expectancy of 45.43 years. This is the general approach for suitable cases, although the court recognised that different circumstances, including a short life expectancy, may require further consideration.
| Step | Swift v Carpenter example |
|---|---|
| Additional capital cost of suitable property | £900,000 |
| Value of the reversionary interest (5% rate over a 45.43 year life expectancy) | £98,087 |
| Accommodation award | £801,913 |
The 5% valuation assumption in Swift v Carpenter is different from the statutory personal injury discount rate used to calculate lump-sum compensation for other future losses, including care and earnings. In England and Wales, that statutory rate increased from -0.25% to +0.5% on 11 January 2025; the change did not automatically alter the Swift calculation. Broadly, a shorter life expectancy means a greater present value for the reversionary interest and potentially a smaller accommodation award. Expert evidence on lifespan and housing requirements therefore matters, and a formula should not replace individual assessment.
Smaller adaptations and equipment
The Swift property-purchase method does not ordinarily govern costs such as grab rails, access ramps, stairlifts, hoists, adapted bathrooms or specialist seating. Those are usually assessed by reference to the reasonable cost of necessary work or equipment, together with installation, servicing and future replacement where justified. Some alterations may increase the property’s value, but that does not mean their reasonable costs are automatically excluded. Occupational therapists and building specialists can identify appropriate changes. Keep quotations, invoices, receipts and photographs, especially where you have already funded urgent work yourself.
The Disabled Facilities Grant: a different route
You may also qualify for a Disabled Facilities Grant from your local council towards necessary changes to your home. In England, the standard maximum is £30,000, although councils can provide discretionary additional assistance. Grants for adults are generally means tested, considering household income and savings above applicable thresholds. Occupational therapy and council assessments help establish which works are necessary and appropriate. Rules and maximum amounts differ elsewhere in the UK.
A grant can be valuable if urgent work is needed or no compensation claim is available. However, major adaptations or a move may cost considerably more than the standard grant limit. Do not assume a £30,000 grant will cover the full cost of an extension or accessible replacement property. A personal injury claim is assessed against proven losses and reasonable future needs, rather than a fixed grant ceiling. If public funding pays for work you also claim as damages, your solicitor should address potential overlap and the specific funding rules.
Getting adaptations funded before your claim settles
Serious injury claims often take considerable time to resolve, but urgent housing needs may arise much sooner. An interim payment can sometimes release part of the expected compensation before final settlement, helping pay for accessibility work, equipment or specialist assessments. The defendant may agree voluntarily; otherwise a court application must meet legal conditions, such as an admission of liability or sufficient evidence that substantial damages are likely. An interim payment is not guaranteed, and any amount is taken into account at settlement.
Early specialist input can identify changes improving safety and independence. Planning also reduces the risk of unsuitable alterations. Our guide to how the personal injury claim process works explains how evidence, rehabilitation and interim funding fit into a serious injury case.
Time limits and funding
For most adults in England and Wales, court proceedings must begin within three years of the accident or the relevant date of knowledge, subject to important exceptions. We handle eligible claims on a no win no fee basis. If your claim isn’t successful, you won’t pay us anything. If it is successful, our fee is 20% plus VAT (24% in total), taken from the compensation you receive for your pain and suffering and for financial losses up to settlement. We never take a fee from compensation for future losses, such as future care or loss of earnings, and nothing else is deducted from your compensation. We’ll confirm all of this in writing before your claim starts. Read why accident victims shouldn’t accept an offer before speaking to a lawyer before settling without a full accommodation assessment.
Frequently asked questions
Here are some common questions about housing adaptations, accessible accommodation and serious injury compensation.
Can I claim for a bigger house, not just adaptations to my current one?
Yes, if expert evidence shows that an alternative property is reasonably necessary because your existing home cannot meet your needs, or moving is more appropriate than extensive alterations. Additional accommodation capital is generally assessed using the Swift v Carpenter approach, considering your individual circumstances.
Do I have to pay the compensation back out of my estate when I die?
No. The reversionary interest is deducted when the accommodation award is calculated. It is not a separate debt automatically recoverable from your estate, and there is no routine repayment of the award on death.
Can I get a Disabled Facilities Grant and still bring a compensation claim?
Generally, yes. However, grants and compensation relating to the same adaptation work may need to be considered together to prevent double recovery. Tell your solicitor about any assistance awarded or applied for.
What if my needs change after my claim has settled?
Most settlements are full and final, so changing needs can be difficult to fund through a settled claim. Detailed medical, housing and occupational therapy evidence is important before settlement. Special settlement arrangements are possible in limited circumstances.
Do I need a case manager or occupational therapist to support this part of my claim?
For substantial adaptations, professional assessment is usually important. Occupational therapists identify functional needs, while accommodation experts and case managers can help assess suitable layouts, costs and future arrangements. The appropriate evidence depends on your injury and proposed work.
Talk to Mark Reynolds Solicitors
Valuing home adaptations and alternative accommodation requires medical evidence, specialist costings and a clear understanding of your long-term needs. We can help assess the work required, seek suitable interim funding where available and make sure housing costs are considered before settlement. We represent eligible clients on a no win no fee basis, with terms confirmed in writing. Contact our team for a free, no-obligation conversation. Our offices are in Liverpool, Runcorn and Warrington, and we assist clients across England and Wales.