Since the tragedy of the Grenfell Tower Fire, the UK government has introduced more measures to promote fire safety in residential buildings.
While this is a positive move for overall safety, it has left many flat owners grappling with complex regulations – especially those who want to sell their property.
The EWS1 Form is one of the key documents needed when selling a flat with cladding or other issues related to the external wall system.
This article will outline everything you need to know about the EWS1 form, including how to obtain one, whether you need one and how to sell a property that requires one.
What is an EWS1 Form?
An EWS1 form assesses whether an external wall system meets fire safety standards. The form may also be referred to as an EWS1 certificate or ESW1 report.
Its purpose is to help mortgage lenders and valuers assess external walls, therefore allowing them to offer mortgages. Therefore, an EWS1 form isn’t designed to be a fire risk assessment for safety purposes.
What is an External Wall System?
An external wall system is the outside wall of a building. It may include:
- Cladding
- Insulation
- Fire break systems
- Balconies
- External walkways
It became mandatory for all residential buildings to have an EWS1 form after the Grenfell Tower fire disaster in 2017. Multiple deaths resulted from the use of unsafe external wall materials that made the fire spread faster – namely, a cladding external wall system made of combustible materials.
Residential building owners must ensure their buildings undergo a fire risk assessment by a member of the Institution of Fire Engineers to obtain an EWS1 form.
In England and Wales, a certificate covers the entire building, including all the flats inside it. However, in Scotland, each flat may need its own certificate.
How Long Do EWS1 Certificates Last?
In most cases, an EWS1 form is valid for five years.
However, if there are changes to the external wall or attachments to the exterior of the building – such as balconies – then it might be necessary to undergo another fire safety assessment.
Results of the EWS1 Form
After fire risk assessments have been carried out, a building is classified based on the safety of its external wall systems.
Buildings assigned “A” classifications are unlikely to support combustion, meaning they meet fire safety regulations. However, those with “B” classifications contain combustible materials in the external wall construction, meaning work is required.
These classifications are as follows:
- A1: No cladding has a significant amount of combustible material
- A2: No work is required
- A3: Cladding is unlikely to result in combustion, but some work may be necessary
- B1: Fire risk isn’t here enough to require work
- B2: Fire risk is high enough to require work
If a building is more than 11 metres high, the government will fund the removal of the cladding. Major developers are also contributing to a fund that covers these costs.
Plus, the government introduced a Residential Property Developers Tax in 2021 to cover cladding costs.
Unfortunately, flat owners may still be liable to cover costs themselves for smaller buildings. However, the government doesn’t want them to cover the costs and may introduce further measures to help them.
Which Properties Need an EWS1 Form?
The UK parliament made EWS1 forms compulsory in 2018. Since August 2021, the rules only apply to buildings above 18 metres (around six stories).
If a building is below this height but its external wall systems are made of very combustible materials, it will require an EWS1 form regardless.
A building won’t require an EWS1 form if it doesn’t have cladding or a wooden balcony – but bear in mind that appearances can be deceiving.
Even if a building doesn’t appear to have any cladding, it might still have decorative panels that pose a fire risk, or have an external wall system that uses cladding despite looking like it’s built of brick or stone.
Check with a solicitor if you’re unsure whether your flat requires an EWS1 form.
Who Is Responsible for Obtaining an EWS1 Form?
Currently, there’s no legal requirement to obtain an EWS1 form to sell a house. However, many mortgage lenders need one to offer a mortgage on a property. Another concern is the difficulty of reassuring potential buyers about the fire risk without an EWS1 form.
If a residential building requires an EWS1 form, leaseholders and freeholders should obtain a certificate when selling their property and when remortgaging.
The only people that can request an EWS1 form is the residential building owner, a landlord or a managing agent. Leaseholders can’t request a form themselves, but they can contact the Institution of Fire Engineers to arrange a fire risk appraisal.
Solicitors can also request a form from the building’s landlord or managing agent, and leaseholders in the building can also join together to apply pressure.
In some cases, the local council may be able to help you obtain a certificate.
If a certificate already exists, it may be available on the Building Safety Information Portal, but certificates are not always uploaded immediately after an assessment.
Fire Safety Act
According to the Fire Safety Act 2021, a fire risk assessment of a residential building needs to include cladding. However, any assessment carried out before this date won’t have included the cladding in a fire safety assessment.
The owner of the building is legally responsible for ensuring the fire assessment is up to date.
Cost of an EWS1 Form
An EWS1 form costs anywhere between £6,000 and £28,000.
The cost varies depending on:
- Size of building
- Amount of cladding
- The complexity of assessment.
Only the legal owner of the building is responsible for the cost – not the leaseholders living in each apartment. However, some freeholders may try to share the cost with them anyway.
Related costs, such as maintenance or fire safety work recommended, may also be passed on to leaseholders through the lease terms. Sometimes, they are included as part of the service charge.
If there’s already a valid EWS1 form, it shouldn’t cost you anything to obtain a copy.
Getting a Mortgage with an EWS1 Form
If you want to buy a house that requires an EWS1 form, the good news is that things are getting easier.
A lender may be willing to offer a mortgage on a property that requires an EWS1 form. Sometimes, mortgage lenders will offer a mortgage that includes an agreed plan to carry out the necessary remedial works on the external walls to ease the process for everyone involved.
In December 2023, the Royal Institute of Chartered Surveyors (RICS) issued new guidance on navigating timelines and remediation funding when valuing properties with cladding.
Six of the UK’s major banks then said they would offer mortgages in properties if the government or a developer has agreed on a remediation plan – even if it currently has safety issues.
Other lenders may lend to leaseholders covered by the Building Safety Act, even in the absence of a plan.
However, every bank has a different approach. Some don’t require an EWS1 form for certain properties, while others don’t require it as long as there is enough evidence, and some will ask for one.
Because of the discrepancy between different lenders, it may be helpful to talk to a mortgage broker to discuss your options.
Remortgaging with an EWS1 Form
Again, the ease of remortgaging a property requiring an EWS1 form will vary depending on the lender. It may depend on the height of the building and how much cladding there is.
How to Sell a Property with Cladding Issues
An EWS1 form with a B2 rating (high fire risk and in need of remedial work) is bad news for anyone hoping to sell their flat. However, it’s not necessarily a death sentence.
The biggest difficulties are buyers’ safety concerns and the challenges they may face when trying to obtain a mortgage.
There are three main ways of proceeding with a sale: the open market, auctions and selling to a cash buyer.
Selling Through the Open Market
The most common house sale method in the UK is selling a property through an estate agent and listing it on the open market – usually using sites like Rightmove and Zoopla. Unfortunately, it’s more difficult to do this if you have a flat within a building with cladding.
As outlined already, potential buyers may struggle to obtain mortgage approval, leaving you unable to sell the property. There’s always the chance that a cash buyer could come along, but there are much fewer of them around.
The chances of a cash buyer being interested in buying a property requiring an EWS1 form decreases again when you consider buyers’ concerns with safety issues or having to sell in the future.
This doesn’t mean selling through the open market is impossible – but it’s difficult, and it will likely take a while to find a buyer.
If you do find a buyer, make sure that you’re transparent about any issues your building has. The estate agent will also need to disclose the fact that property has cladding and it is for “cash buyers only”.
Selling Through a Property Auction
If you don’t want to deal with buyers trying to get mortgage approval and the process stalling due to problems with mortgage lenders, a property auction is an alternative.
Generally, when buyers participate in an auction, they commit to buying the property – and if they pull out at the last minute, they may lose their initial deposit.
However, this method still has some disadvantages compared to selling through the open market. Namely, many potential buyers will likely still be put off the idea of buying the flat with cladding because of safety concerns, so you may receive few bids (or none at all).
Selling to a Cash Buyer
If you’re finding it tricky to find a buyer on the open market or through an auction, you could use a cash-buying company instead.
These are companies that give instant offers to property owners to provide a quick house sale. They promise to buy any property – including those with cladding issues.
Cash-buying companies won’t necessarily provide the highest offer and will typically offer significantly below market value to cover the risks. However, they allow property owners to sell their houses swiftly and move on.
Navigating the EWS1 Form
The EWS1 form has become a key document for those living in high-rise residential buildings, which often have cladding or other external wall system issues. While selling a property that receives a poor rating on its EWS1 form can be challenging, it’s not impossible.
One of the best options is to receive a cash offer from a home buying company like Property Solvers, which can result in your home being sold in just 7-28 days. To find out more, get in touch for a free cash offer.