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Understanding EWS1

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Understanding EWS1

Understanding EWS1


The External Wall System (EWS1) form is a standardized document introduced to assess the fire safety of a building's external wall materials, particularly focusing on cladding.


This form is crucial for property owners, buyers, and mortgage lenders to determine the combustibility of external wall systems and ensure compliance with current fire safety regulations.


Evolution of EWS1 Form Requirements

  • Initial Requirement: When first introduced in 2019, the EWS1 form was primarily required for residential buildings over 18 meters in height.

  • Expansion to Lower Heights: Subsequent guidance expanded the requirement to include buildings over 11 meters, especially those with certain types of cladding or combustible materials on balconies.

  • Current Guidance: As of the latest guidance, the focus has returned to buildings over 18 meters. However, some lenders may still request an EWS1 form for buildings under 18 meters, depending on their individual risk assessments and lending policies.


Cladding Presence

Structures featuring certain types of cladding, such as Aluminium Composite Material (ACM) or High-Pressure Laminate (HPL), may require an EWS1 form regardless of height, due to the potential fire risk associated with these materials.


Responsibility for Remedial Works

If an EWS1 assessment identifies that remedial work is necessary to address fire safety concerns, the responsibility for these repairs typically falls to the building owner or freeholder. Historically, the financial burden of such remedial works has been passed to leaseholders through service charges, leading to significant distress and financial hardship.


Impact on Service Charges

The costs associated with remedial works identified in an EWS1 assessment can significantly impact service charges. Building owners may seek to recover these expenses from leaseholders, resulting in increased service charges. Additionally, the presence of fire safety issues can lead to higher insurance premiums, further affecting the financial obligations of leaseholders.


Leaseholder Protections under the Building Safety Act 2022

To alleviate the financial burden on leaseholders, the Building Safety Act 2022 introduced several protections:

  • Cladding Costs: Qualifying leaseholders are protected from all costs associated with the remediation of unsafe cladding.

  • Non-Cladding Costs: For other historical safety defects, there are legal limits on the amounts that can be passed to leaseholders through service charges.

  • Developer Liability: The Act holds developers and building owners accountable for necessary safety improvements, preventing them from passing unreasonable costs to leaseholders.


These measures aim to ensure that leaseholders are not unfairly charged for remediation works that are the responsibility of developers or building owners.


Obtaining an EWS1 Form

If you are purchasing a property, it is advisable to request the EWS1 form from the seller or their agent. This certificate will indicate whether the building has been assessed by a qualified professional, whether remedial works are necessary, and the timeline for any required actions. If the seller cannot provide this document, your solicitor should request it as part of the sales process. Having a valid EWS1 form is not only essential for fire safety compliance but also facilitates smoother transactions, as many mortgage lenders require this certification before approving a loan.


What if an EWS1 Form is Unavailable?

In cases where an EWS1 form is unavailable, obtaining a comprehensive Fire Risk Assessment (FRA) is advisable. An FRA evaluates various fire safety aspects of the building, including the external wall systems. While an FRA is primarily for occupant safety and regulatory compliance, it can highlight potential issues that may need addressing. However, it's important to note that many mortgage lenders may still require an EWS1 form specifically for valuation and lending purposes.


Impact on Mortgage Applications

The presence or absence of an EWS1 form can significantly impact mortgage applications:

  • With a Clear EWS1 Form: If the EWS1 form indicates that no remedial work is necessary (ratings A1, A2, or B1), lenders are more likely to approve mortgage applications without additional conditions.

  • Without an EWS1 Form: In the absence of an EWS1 form, or if the form indicates that remedial work is required (ratings A3 or B2), obtaining a mortgage can be challenging. Some lenders may decline the application or require a costed and funded remediation plan with committed dates for starting and finishing all specified work.


Conclusion

Understanding the importance of the EWS1 form and the protections available under current legislation is vital for property owners and prospective buyers. Ensuring that your building complies with fire safety standards not only safeguards residents but also maintains the property's value and marketability. Proactively obtaining the necessary assessments and documentation can prevent potential obstacles in property transactions and financing.

At Tollington Surveyors, we have extensive experience in dealing with cladding matters. One of our surveyors previously worked for one of the largest housing associations in London, handling cladding issues at a senior level. We understand the concerns and stress associated with these matters and are here to help you navigate them. If you are considering purchasing a tall or cladded property, we recommend our RICS Home Buyer Survey (Level 2). Our detailed, methodical reports are clear and easy to understand, helping you make confident decisions about your property purchase. Contact us today to learn more about how we can assist you.


 

Tollington Surveyors is a small, locally-focused surveying company based in Stroud Green, and dedicated to serving the Haringey area. Learn more >


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