EWS1 Certificates

prenny16

Hi,

We're looking at buying a flat and one of the major issues is that many don't have an EWS1 certificate or have a 'failed' rating e.g. 'B2' meaning significant combustible materials are present.  One flat we particularly like the look of but haven't yet viewed, the estate agent said this property "doesn't need one".  We've looked into it briefly and do understand that buildings of a certain size/with so many floors don't need them.  I just don't trust the estate agents to be honest with us!  Is there some kind of register you can check to see if certain buildings require one and what their rating is?  If this building doesn't need a certificate, I'd like to see written proof of that myself. 

RiskAverse100

The first thing to say, as I am sure you already realise, is to take with a massive pinch of salt any statement made by the estate agents of this kind.  I bet it was done orally and not in an email.

It may well be that the building doesn't require an EWS1.  However, it could just as easily be the case that the building definitely does because it is covered with flammable cladding and is a serious fire risk but the estate agents don't want you to find this out.

The second thing to say is that the EWS1 is not a government 'official' form in the same way as an EPC is.  The EWS1 was introduced by the RICS to help lenders decide if a property is worth lending on.  There is certainly no register that you can do an address search on to see if a building needs an EWS1.  However, there is a register of EWS1 forms that is operated by the Fire Industry Association at https://buildingsafetyportal.co.uk/

I have no idea how complete the register is.  However, it is certainly an excellent starting point as you can be fairly sure that if an EWS1 comes up in the search results for a particular building then it is genuine.  As you can perhaps expect, there are forged EWS1 forms out there!

The third thing to say is that deciding whether a building needs an EWS1 is a really hard task.  Yes, the height is relevant, but so is the existence of cladding, curtain wall glazing or vertically stacked balconies.

You might have a 3-storey building with cladding composed of ACM (aluminium composite material), MCM (metal composite material) or HPL (high pressure laminate) sheets.  This definitely will need an EWS1.

However, a 5-storey building with cladding that is not of the ACM, MCM or HPL kind and which covers less than 25% of the building might not.

It is quite often possible to tell that a building under 18m high has no obvious cladding (ie the external walls are exposed brick), it has no vertically stacked balconies, and there is no curtain wall glazing.  This kind of building will often not need an EWS1.

However, what do you do with a 3-storey building with some kind of cladding on.  How can you tell if this is of the ACM, MCM or HPL kind.  This is the kind of building where an EWS1 form would be needed, if only to ascertain what kind of cladding it is and whether there is a fire risk as a result.

A good surveyor is certainly needed (and this might be the same person who does the mortgage valuation if a mortgage is involved) as they will highlight whether there is any cladding, balconies or curtain wall glazing etc which could mean that an EWS1 is needed.  You can then insist on one being produced before you go too far down the line with the purchase.

The final thing to mention is that lenders are beginning to change their position on properties which might have cladding etc and have the 'wrong' EWS1 rating.  In certain cases they are prepared to lend, although this is in fact because of the leaseholder protections introduced by the Building Safety Act 2022 rather than them necessarily becoming less concerned about buildings with cladding.

The BSA provides that for certain types of buildings and certain types of flat owners, the cost that can be passed on to the flat owners if expensive fire safety works are needed is limited.  In some cases it is zero because government funding is available.

So if there is a plan in place to deal with fire safety issues with all the funding in place and the works are going to be carried out soon then lenders might be prepared to lend.

The position is a veritable nightmare for valuers, estate agents, sellers, buyers, lenders and solicitors.  At the heart of it though is 
the desire to try and protect those living in flats from the awful consequences of what happened in the Grenfell Tower disaster and other similar tragedies involving blocks of flats and that is no bad thing.

prenny16

RiskAverse100 said:

The first thing to say, as I am sure you already realise, is to take with a massive pinch of salt any statement made by the estate agents of this kind.  I bet it was done orally and not in an email.

It may well be that the building doesn't require an EWS1.  However, it could just as easily be the case that the building definitely does because it is covered with flammable cladding and is a serious fire risk but the estate agents don't want you to find this out.

The second thing to say is that the EWS1 is not a government 'official' form in the same way as an EPC is.  The EWS1 was introduced by the RICS to help lenders decide if a property is worth lending on.  There is certainly no register that you can do an address search on to see if a building needs an EWS1.  However, there is a register of EWS1 forms that is operated by the Fire Industry Association at 

I have no idea how complete the register is.  However, it is certainly an excellent starting point as you can be fairly sure that if an EWS1 comes up in the search results for a particular building then it is genuine.  As you can perhaps expect, there are forged EWS1 forms out there!

The third thing to say is that deciding whether a building needs an EWS1 is a really hard task.  Yes, the height is relevant, but so is the existence of cladding, curtain wall glazing or vertically stacked balconies.

You might have a 3-storey building with cladding composed of ACM (aluminium composite material), MCM (metal composite material) or HPL (high pressure laminate) sheets.  This definitely will need an EWS1.

However, a 5-storey building with cladding that is not of the ACM, MCM or HPL kind and which covers less than 25% of the building might not.

It is quite often possible to tell that a building under 18m high has no obvious cladding (ie the external walls are exposed brick), it has no vertically stacked balconies, and there is no curtain wall glazing.  This kind of building will often not need an EWS1.

However, what do you do with a 3-storey building with some kind of cladding on.  How can you tell if this is of the ACM, MCM or HPL kind.  This is the kind of building where an EWS1 form would be needed, if only to ascertain what kind of cladding it is and whether there is a fire risk as a result.

A good surveyor is certainly needed (and this might be the same person who does the mortgage valuation if a mortgage is involved) as they will highlight whether there is any cladding, balconies or curtain wall glazing etc which could mean that an EWS1 is needed.  You can then insist on one being produced before you go too far down the line with the purchase.

The final thing to mention is that lenders are beginning to change their position on properties which might have cladding etc and have the 'wrong' EWS1 rating.  In certain cases they are prepared to lend, although this is in fact because of the leaseholder protections introduced by the Building Safety Act 2022 rather than them necessarily becoming less concerned about buildings with cladding.

The BSA provides that for certain types of buildings and certain types of flat owners, the cost that can be passed on to the flat owners if expensive fire safety works are needed is limited.  In some cases it is zero because government funding is available.

So if there is a plan in place to deal with fire safety issues with all the funding in place and the works are going to be carried out soon then lenders might be prepared to lend.

The position is a veritable nightmare for valuers, estate agents, sellers, buyers, lenders and solicitors.  At the heart of it though is 
the desire to try and protect those living in flats from the awful consequences of what happened in the Grenfell Tower disaster and other similar tragedies involving blocks of flats and that is no bad thing.

Such a great, detailed response - thanks so much for taking the time!