Buying Flat - Lack of EWS1 certificate

jameslester78

In a letter yesterday we received the following comments from our solicitor:

"You should bear in mind that it is highly likely that any subsequent purchaser from you would require a mortgage. As things stand in the absence of an EWS1 certificate with regard to the safety of the cladding, is virtually impossible to obtain a mortgage."

Flats were built in 2017, solicitor has come back with the above comments. My instinct are to run away as fast as I can from the purchase. Is this an overreaction? What would be the correct approach? Havent spoken with my solicitor yet, I plan to call first thing Monday AM.

A letter from the management company to the current owner date June 2020 states:

"We would like to make leaseholders aware that a document has been provided by XXX which details what type of cladding is on the building, however we do not yet know if this is deemed to be the same as having the cladding being testing for combustibility - we have asked the insurance company if they will accept the original specification or not."

davidmcn

What is the type of cladding on the building?

jameslester78

davidmcn said:

What is the type of cladding on the building?

I dont have that info yet

Alter_ego

Your solicitor probably means don't buy it

niceguyed

So the management company haven't commenced the EWS process and so there is no EWS1 for the block. I read somewhere nearly nine in 10 leaseholders who have received an EWS check for the block they live in have been told their building will need to undergo remediation work. That's where the big bucks start. Of course it could end up being fine, but I wouldn't make much out of the fact it was built in 2017. Your solicitor has outlined the position very clearly. If you purchase and remedial work is required that's on you. Whilst any remedial work is ongoing you can't sell to anyone who needs a mortgage. Getting an EWS1 and any remedial work could take years. Worst case you could face bankruptcy. Are you happy with that risk? 

NameUnavailable

I wouldn't risk it - you may face tens of thousands for remedial work - are you prepared for that and happy to pay it?

jameslester78

Hi, thanks for the replies. I was very concerned re the sols letter and have done some further checks. I went back to the original estate agent listing which clearly states the property is EWS1 certified. I have also seen other properties in the building for sale which are also advertised as EWS1 certified. It appears that the sol got his info from a letter dated mid 2020 regarding the lack of certificate, I can only guess that since this letter was written the property has been certified. I will of course be seeking clarification, but I think we might be ok, I absolutely will pull out if the property is not certified.

niceguyed

When you say certified what was the rating?  Guessing A1, A2 or B1. It's entirely possible for EWS1s to be downgraded (quick Google for some horror stories). They are also valid 5 years so whatever hoops and guidance further down the road is another risk.
Whichever way you dice it I'm afraid you will take on some risk. Also don't rely on anything the EA says. If there's been a completed EWS1 it should be in the management pack. 

AdrianC

I've just had this year's service charge through for a flat we let. Two-storey maisonette on top of shops and retail, so "ground level" is two floors up. One of eight.

Up from last year's £550 for the quarter to £1250. That includes the EWS assessment, as well as fire alarm/lighting work and lift work... Gawd knows what work the EWS assessment will flag for next year.

Ain't no way I'd be buying without EWS done and dusted.

Wanderingpomm

The chances that you won’t be facing huge bills for remediation work are slim. It seems that most of these properties are missing fire breaks etc which will have to be repaired at the leaseholders expense. Unless it’s really cheap you should fine something else