Cladding of a combustible nature

terzinho86

Dear all,

We are going through a mortgage application process in London for a flat in a block built just 5-6 years ago, in a recent development.

The lender instructed the valuation, and after a couple of days they passed on this message from the surveyor to us:

"Cladding of a combustible nature is thought to be present at the property you are purchasing. Therefore we require confirmation of the following: • The type of cladding/insulation used on the building • That a review of the building has been carried out by a suitably qualified independent expert in accordance with the decision tree in MHCLG Advice Note 14 dated 18/12/18. • The results of this review. Further information may be requested on receipt of this information and the property may still be deemed unsuitable for lending."

Does anyone have any advice on how to go on about it?

We have already reached out to seller's agent, management company and developer and awaiting for information.

Any further advice will be helpful, including from direct experience on how to deal with this situation.

Thanks for your help.

ACG

That is all you can do. Let the agent deal with it.

davidmcn

You need to wait for the information, as nobody is going to do anything based on guesswork.

terzinho86

Dear all,

We received the below from the original developer's technical director:

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
"Listed below are the materials used in the external wall construction.

Main external wall construction - listed from outside to inside
- 102.5mm Brick - (BS EN 13501 Class A1)
- 60mm Clear Cavity (50mm at recessed brick)
- 80mm [brand] board - (BS EN 13501 Class C-s1)
- 12mm Cement particle board - (BS EN 13501 Class A1)
- 100mm [brand] with 100mm Mineral wool insulation - (BS EN 13501 Class A1)
- 2x15mm Plaster Board - (BS EN 13501 Class A2)

Feature areas of the elevation - listed from outside to inside
- Sheet aluminium cladding with [brand] mineral wool insulation - (BS EN 13501 Class A2)
- Metal stud - (BS EN 13501 Class A1)
- 1x15mm Plaster Board - (BS EN 13501 Class A1)

I can also confirm that no Aluminium Composite Materials (ACM) were used in the external wall construction of [development] or any other building or part thereof on this development.

In addition, the external wall construction of [development] complies fully with the MHCLC Advice Note 14 18/12/18.

The MHCLG guidance requires that that the external wall construction of a residential building over 18m high shall be constructed of material of limited combustibility (class A2 or higher) or have achieved BR135 classification via a BS8418 test.

The main brick faced external wall construction has a BR135 Classification by passing a BS8414 test [copy of the test was attached]

The construction of the feature areas of aluminium cladding contains no combustible materials, as defined by the Building Regulations and the MHCLG guidance and consequently comply with the guidance."
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

Now, it may take an expert to really understand what that means, but we are a bit worried about the "- 80mm [brand] board - (BS EN 13501 Class C-s1)".

Question: Is it normal that a Class C material (which is combustible) is used in an external wall? Is this not banned for new residential buildings above 18 metres according to the latest building regulations (Dec 2018)?

p.s. it seems that the the lender requires some independent certification of this so it looks like the statement of the developer may not be enough...

Thanks.

[Deleted User]

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Ermancinolo

I am.having the same issue. I am still waiting from the property manager an answer about the cladding, but I think so at this point is not safe buy a flat (over 18m). The new regulation will be issued on January 2020 and there should be some (really stupid) news/requiremnts.. for example glass balustrade with plastic film in the middle will be banned (absurd!).. anyway, Nationwide asked me for the follow information dated Jan 2019, but I think so my building doesn t have it:

"The external wall system may be of a combustible nature. The Building Owner/its agent, as the responsible person under the Regulatory Reform (Fire Safety) Order 2005, should provide a statement post-dating 1 Jan 2019, from a suitably qualified professional who is a member of a professional body listed by the Ministry of Housing, Communities and Local Government (MHCLG) in Information Note 1, to confirm the building meets the requirements of current guidance from
MHCLG.”

Ermancinolo

And also is weird that the developer confirm that the wall buildup is comply with the new BR (they are clear that no combustible material are allowed on the elevations)

Your 80mm insulation board is class C, flammable.

terzinho86

Thanks Ermancinolo.

Note the developer is NOT saying it is compliant with the new Building Regulations.
He is saying that it is compliant with the MHCLG Advice Note 14 18/12/18.

The way I understand it (again, not an expert):
- the new Building Regulations apply to NEW buildings (i.e. built after the new regulations was passed). - For existing buildings, the Advice Note 14 is a way to maintain compliance even if there are combustible materials

Could you give me more info on the new January 2020 regulation you talk about in your post? I was not aware of this.

Thanks - t

Principeingles

Hi everyone,

I am very interested in this and would like to know how things have panned out. I have a one bed flat which is shared ownership and about 7 years old. I have been trying to sell it for a year now. In January it fell through after three months because nationwide wouldn't give a mortgage because the housing association couldn't provide the information needed about the cladding. A second buyer was found, they were able to get a mortgage ( though Barclays, I think) but pulled out because she changed her mind. I have now got a third buyer who has gone with Santander. The mortgage won't be approved until the housing association can prove:

"A review of the building has been carried out by a suitably qualified independent expert in accordance with the decision tree in MHCLG Advice Note 14 dated 18/12/18’"

The managing agents are useless and the HA can provide a report from this year but not the review stated above. Not sure why?

I am really scared this is going to fall through a third time. Any advice on how to manage all this is greatly appreciated.

terzinho86

Hi,



I feel that the right solution to this is indeed to do what the banks ask for: provide them with an independent review/survey (by a suitable expert) of the wall construction materials in the building, and whether the wall make up has passed appropriate fire tests.


Would this suffice to the lenders? How long would this take? What are the costs involved and who pays for them? I have no definitive answers to those questions.

Principeingles

I agree completely that that would be the best thing to do. I am not sure of any of the questions you ask though. I think it is very expensive, which is probably the main reason for not doing it.

I found out today that my housing association are not going to carry out the survey requested by the bank. They have their own survey they did last year which they are saying is good enough. The bank are just going to disagree and refuse the mortgage.

I don't know what to do. How can the HA refuse to do this? It renders all houses in the block will be unsell-able. Are all banks asking for this specific report?