"Official" Thread for all of us waiting for a cladding report...

LP.online

Bubbles99 said:

Hi all, has anyone faced the issue where their buyer's mortgage has been approved, yet their solicitor still insists on the EWS1 regardless? 

Nope. Seems strange .... why would the solicitor want the EWS1 paper? Usually the stumbling block is the mortgage provider refusing a mortgage should there is no EWS1 paper.

EC3D

Bubbles99 said:

Hi all, has anyone faced the issue where their buyer's mortgage has been approved, yet their solicitor still insists on the EWS1 regardless? 

Yes I have had this, I'm a buyer and my solicitor is very thorough, my bank valuation was fine and I got a mortgage offer pretty easily, I even signed documents ready to exchange. But my solicitor insisted on checking if some decorative panels were compliant by current regulations or if an EWS1 would be needed, but the managing agents of the building have had no reason to get one (it's under 18m). So my solicitor has now written to my lender to ask for their instructions. Seems possible the bank could turn around and decide to ask for an EWS1 now. If my lender is still ok with it I can go ahead and purchase, but my solicitor's spooked me into questioning whether I should still buy. It's crazy how the blanket use of the form has caused such chaos.

Bubbles99

EC3D said:

Bubbles99 said:

Hi all, has anyone faced the issue where their buyer's mortgage has been approved, yet their solicitor still insists on the EWS1 regardless? 

Yes I have had this, I'm a buyer and my solicitor is very thorough, my bank valuation was fine and I got a mortgage offer pretty easily, I even signed documents ready to exchange. But my solicitor insisted on checking if some decorative panels were compliant by current regulations or if an EWS1 would be needed, but the managing agents of the building have had no reason to get one (it's under 18m). So my solicitor has now written to my lender to ask for their instructions. Seems possible the bank could turn around and decide to ask for an EWS1 now. If my lender is still ok with it I can go ahead and purchase, but my solicitor's spooked me into questioning whether I should still buy. It's crazy how the blanket use of the form has caused such chaos.

Sounds like we're in a similar situation (although we're selling). We're all ready to exchange but our buyer's solicitor has said that she won't even write to the lender until she sees the EWS1... 

MWT

The problem is if the lender doesn't ask and the buyers solicitor doesn't raise it as an issue, but the buyer later has problems when they come to sell, or perhaps the freeholder seeks to pass on cost of remedial work then they might reasonably claim that the solicitor was negligent.

Bubbles99

MWT said:

The problem is if the lender doesn't ask and the buyers solicitor doesn't raise it as an issue, but the buyer later has problems when they come to sell, or perhaps the freeholder seeks to pass on cost of remedial work then they might reasonably claim that the solicitor was negligent.

This makes a lot of sense - In our case though, our flat has no cladding, balconies and is below 18metres, so we're struggling to see what the 'issue' is that the buyer's solicitor has to report to the lender... 

rosie_202_wilson

Hey, so the EWS1 is for all building materials not just cladding, so even if there is no obvious external cladding there may be something else that could accelerate the spread of fire. 

Rosie

fanci

Anyone managed to find a lender who will lend without the EWS? Thanks.

TO2

I am currently selling my shared ownership flat, the building is three stories high but HSBC still insist on a EWS1 form despite RICS guidance saying otherwise, also the cladding is only on about 10% of the building