EWS1 Certificates – Changes in Government Guidance

New guidance regarding EWS1 forms has brought all buildings into scope, what does this mean for your property?

The 2017 Grenfell Tower tragedy cast a spotlight on fire safety in residential buildings. It became apparent that the existing processes and regulations regarding fire safety were not effective, and so the Ministry of Housing, Communities and Local Government (MHCLG) published a series of guidance notes on the risks of aluminium composite material (ACM) in buildings. The same guidance addressed the importance of other fire safety factors, such as the way a wall system has been installed in the building.

The EWS1 form was introduced in December 2019, designed to give lenders confidence when lending on apartments built before the changes to regulations in 2018. It was originally intended for high-rise blocks of flats, typically above 18m or six storeys. However, changes to government advice in January 2020 brought all buildings into scope. Meaning, some residential blocks may now require an EWS1 Certificate if they have ‘specific concerns’, even if they fall under 18m. This could include 4-6 storey buildings which may have combustible cladding or balconies constructed with combustible materials. A scenario such as this would present an obvious risk to life safety and may require remediation per the latest government guidance.

The RICS website states that “RICS do not envisage most residential ‘in scope’ buildings 1-3 storeys in height requiring an EWS1 form, unless the type of occupation of the building significantly increases risk to life in the event of a fire e.g. a care home with elderly people which could not be evacuated quickly and which will necessitate remediation works.”

The EWS1 is not a legal requirement at present but was developed by lenders alongside the Royal Institution of Chartered Surveyors (RICS) to make the valuation process easier. An assessment is required every five years but may be necessary sooner if the property undergoes any work that affects the original conclusions. The EWS1 form covers the building as a whole, so multiple sellers in the same block can provide the same assessment when selling their property.

The biggest challenge that Block Managers and Leaseholders face, is that the certification required to carry out these inspections is somewhat rare. Currently, there are only around 300 qualified assessors in the UK. Therefore, they have had to prioritise buildings that are either taller or known to have cladding. Unfortunately, this means that some buildings may not be examined for up to five years.

According to the RICS website, The Ministry of Housing, Communities and Local Government says: “We do not support a blanket approach to EWS1 forms on buildings, and where owners are able to demonstrate their buildings are safe using other equivalent evidence, we would encourage lenders to accept that. We are investigating further actions we can take to support the industry, including looking at ways to address capacity issues.”

The Cleaver Property Management team are familiarising themselves with the new guidance and will keep up-to-date with any changes so that we can communicate them to our clients and readers. We will always make sure that any third-party contractors are vetted, including checking for relevant certifications and public liability/professional indemnity cover. If you have any questions or would like any further information, please ask a member of the team and we will do our best to assist or point you in the right direction.

For further information, you may wish to refer to one or all of the following sources:

gov.uk/government/publications/building-safety-advice-for-building-owners-including-fire-doors

fixflo.com/breaking-down-barriers-the-ews1-form

rics.org/uk/news-insight/latest-news/press/press-releases/the-external-wall-fire-review-forms---rics-collaborative-working/

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