Ews1 form ?

twizard12

Hi all
Just after some advice.
We currently selling our flat (1st floor with a balcony).
After numerous delays thanks to the buyers solicitors they have now asked for a ews1 form.

The freeholder of the block has advised that there isnt one for the block. 
I've looked up legislation and the ews1 form does only appear to be needed for high rise blocks that are over 18 metres I  height.

I've measured my block with a tape.measure and using work ladders and height of the entire building is about 14 1/2 metres tall.  Would I still require the ews1 form ? This has been the move from hell so far and has been dragging on for months, any advice would be welcome cheers 

macman

I think you've answered your own question: just refer them to the height clause and the actual height of the block. Solicitor would have no way of knowing the actual height, so they're covering themselves.

twizard12

Thanks for your reply mate. 
Just wanted to double check really. Our buyers solicitors have been painful and my partner and myself are just desperate to get it over the line!

AdrianC

twizard12 said:

After numerous delays thanks to the buyers solicitors they have now asked for a ews1 form.

The freeholder of the block has advised that there isnt one for the block. 
I've looked up legislation and the ews1 form does only appear to be needed for high rise blocks that are over 18 metres I  height.

I've measured my block with a tape.measure and using work ladders and height of the entire building is about 14 1/2 metres tall.  Would I still require the ews1 form ? This has been the move from hell so far and has been dragging on for months, any advice would be welcome cheers 

There's two questions...

1. Does the law require one? No.
2. Does the lender require one before they'll lend? Nothing saying they can't ask for one...

twizard12

Hi mate 
Yes this is what I'm wondering.
Hopefully not and it is just the solicitor being fussy/ covering themselves.
We've been given the dead line to exchange contracts by Wednesday or the chain will collapse and this was only brought to our attention friday afternoon. Very stressed!! 

davidmcn

macman said:

I think you've answered your own question: just refer them to the height clause and the actual height of the block. Solicitor would have no way of knowing the actual height, so they're covering themselves.

Although the request comes via the solicitors, I doubt it's a complication that the buyer's solicitor has created themselves, much more likely to be a recommendation from the lender's valuer. 

twizard12

I'm very confused by it all,  estate agent told us months ago that the buyers mortgage was finalised all was ready to done bar a couple final enquires, this form wasn't mentioned until the last minute. If it's as serious as I've read online then they should have been asking for this from day one ?!  ,🤬😪

NameUnavailable

It seems to be more and more the default that the lenders want to see an ews1 form regardless.

I'm looking to buy at present and am nervous of flats with anything other than brickwork on the outside. It seems that they ask for the form if there's any kind of cladding or any kind of balcony.

Will they start asking for an ews1 form for ANY flat next? It's a minefield.

twizard12

The flat is made from brickwork. Its laughable, there is no cladding anywhere on the building, I'd send a picture but I still dont think they would be satisfied with that. 

Slithery

Are you sure it's not just a single-skin brick facing over other materials rather than 'made from bricks'?

NameUnavailable

Slithery said:

Are you sure it's not just a single-skin brick facing over other materials rather than 'made from bricks'?

Not sure why that should matter, bricks aren't 'cladding'. Most newer built properties with brick facing will have cavity walls, timber frames etc.