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Cladding and EWS1 Forms: What Buyers and Leaseholders Need to Know

The EWS1 form (External Wall System fire review) was introduced by RICS in December 2019, two years after the Grenfell Tower fire killed 72 people. Its purpose was to give lenders a standardised way to assess whether a building's external wall system poses a fire risk. The consequences of not having one — or having a B2 rating — continue to trap buyers, sellers, and leaseholders across the country.

What the Building Safety Act 2022 Changed

The Building Safety Act 2022 is the most significant piece of housing legislation in a generation. It established the Building Safety Regulator under the Health and Safety Executive, introduced a 30-year limitation period for defective building claims under section 135, and created the developer pledge mechanism through which major developers agreed to remediate unsafe buildings they constructed.

Critically, the Act does not eliminate the need for EWS1 assessments on buildings already caught in the system. If your building lacks an EWS1 and lenders are requiring one, the Act's remediation provisions are the route to getting work done — not a shortcut around the requirement.

What EWS1 Is and How the Rating System Works

EWS1 is a standardised form completed by a qualified professional — a RICS-registered fire engineer or equivalent — following an inspection of a building's external wall system. It is commissioned and paid for by the building owner or managing agent. If a managing agent is asking you, the buyer, to arrange one, that is incorrect.

A ratings apply where the external wall system contains no materials of limited combustibility above 18 metres.

  • A1: No works needed; the building should be mortgageable
  • A2: Works may be needed but risk is assessed as low

B ratings apply where the wall contains combustible materials.

  • B1: Risk has been assessed as acceptable; the building should be mortgageable
  • B2: Risk is not acceptable; remediation is required before the building should be considered for a mortgage

A B2 rating is, in practical terms, unmortgageable until remediation is complete.

Which Buildings Require an EWS1?

RICS guidance originally applied EWS1 requirements to buildings over 18 metres (approximately six storeys). In January 2022, RICS revised its guidance to reflect that lenders had extended requirements to lower-rise blocks with specific risk factors — balconies, certain cladding materials, timber frame construction.

The result is a patchwork. Some lenders apply EWS1 requirements to any multi-storey block with external cladding. Others use risk-based approaches. The only reliable way to know whether your target building requires one is to ask the lender before instructing a solicitor.

The Surveyor Shortage and Why Delays Happen

There remain fewer than 800 qualified professionals able to sign EWS1 forms in England. Buildings with multiple staircases, complex facades, or mixed-use elements can take months to assess. Buildings caught in developer pledge negotiations are often in limbo — the developer has agreed in principle to fund remediation but has not yet instructed assessors or contractors.

If the managing agent says an assessment is "in progress," ask specifically: who has been instructed, when was the instruction placed, and what is the anticipated delivery date? Vague answers often mean months of uncertainty.

Lender Positions on EWS1

LenderCurrent Position (mid-2026)
HalifaxRisk-based: EWS1 required for buildings with combustible cladding regardless of height
NationwideEWS1 required where valuer flags external wall risk
BarclaysFollows RICS guidance; risk-assessed approach for buildings under 18m
HSBCEWS1 required for high-rise and where cladding type is flagged by valuer
NatWestEWS1 required where building is flagged in the mortgage valuation
SantanderRisk-based; EWS1 may not be required for low-rise with no combustible cladding

Lender positions change. Always confirm directly with the lender or via a mortgage broker before exchange.

Remediation Funding: What Leaseholders Are and Aren't Entitled To

The Building Safety Act 2022 protects qualifying leaseholders against remediation costs for historical fire safety defects. The key criteria:

Qualifying leaseholders are those who own a flat in a building over 11 metres or five storeys, where the lease was granted before 14 February 2022, and where the leaseholder owns no more than three properties in the UK.

Where the developer who built or refurbished the building can be identified and has signed the developer pledge, they are obligated to fund remediation. Where the building owner (freeholder) carried out the defective work, they cannot pass costs to qualifying leaseholders.

The Building Safety Fund covers non-ACM cladding remediation for qualifying buildings over 18 metres in England, administered through Homes England. It does not cover all remediation work — internal fire safety defects, compartmentation work, and sprinkler retrofits may fall outside its scope.

For buildings between 11 and 18 metres, the Cladding Safety Scheme (also administered by Homes England) covers eligible properties. Applications are competitive.

What Leaseholders Are Not Covered For

  • Buildings under 11 metres
  • Leaseholders who own more than three UK properties
  • Defects where the responsible party cannot be identified and the building falls outside fund criteria
  • Works beyond cladding (internal fire doors, lobbies, compartmentation) in most cases

What to Ask the Managing Agent Before Exchange

QuestionWhy It Matters
Does the building have a current EWS1 form? What is the rating?Determines mortgageability immediately
If no EWS1, has an assessor been instructed? When is completion expected?Assesses realistic timescale
Is the building enrolled in the Building Safety Fund or Cladding Safety Scheme?Determines who bears remediation costs
Has the developer signed the Developer Pledge?Affects cost liability for qualifying leaseholders
Are there outstanding Section 20 major works notices relating to fire safety?Flags potential service charge bills
What is the current sinking fund balance?Can the building fund interim measures?
Has a Fire Risk Assessment been carried out in the last 12 months?Legal requirement under the Regulatory Reform (Fire Safety) Order 2005
Is the building in a recognised developer remediation programme with a binding timeline?Confirms commitment vs aspiration

When to Walk Away vs Proceed

Walk away if:

  • The building has a B2 rating with no remediation timeline and no developer pledge
  • The managing agent cannot confirm EWS1 status and has been unable to obtain an assessment for over 12 months
  • Major works are planned with no clarity on cost allocation and you are not a qualifying leaseholder
  • The building is below 11 metres and outside all government funding schemes

Proceed with caution if:

  • The building holds an A1 or B1 rating — confirm with your lender before assuming it is mortgageable
  • A B2-rated building is in an active developer remediation programme with a binding timeline and you are a qualifying leaseholder (costs should be borne by the developer, not you)
  • The managing agent has an assessment in progress with a specific completion date within three months

Indemnity insurance is available for some EWS1 gaps — typically where an older assessment needs minor updating or there is a procedural gap rather than a substantive defect. It does not cover buildings with genuine fire safety defects or B2 ratings. It is not a substitute for remediation. Use only on specific legal advice, and confirm that your lender will accept it before proceeding.

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