EWS1 Forms and Cladding: What Buyers of Flats in England Should Ask Before They Commit

The short answer

EWS1 stands for External Wall System. It is a form completed by a suitably qualified fire safety professional to record the outcome of an assessment of a building's external walls, including any cladding. It was introduced so that lenders and valuers had a consistent way to judge flats in buildings with potentially combustible materials. Whether a form is needed for a particular building depends on the building and on the lender's policy, so ask both the lender and your solicitor early.

Why it matters to a buyer

• Mortgage availability. A lender may refuse or restrict lending on a flat where the external wall system is a concern and no satisfactory assessment is available.
• Resale. If it is hard for you to get finance, it can be hard for the next buyer.
• Costs. Remediation of unsafe cladding can be expensive. Who pays depends on the building, the freeholder and the rules and funding schemes that apply, which change over time.
• Insurance. Buildings insurance can be affected by cladding concerns. Our guide to buildings insurance for UK flats explains what to ask.

Questions to ask before you commit

• Is there an EWS1 form for this building, who signed it, when, and what rating does it show?
• If there is no form, has the freeholder or managing agent said whether one is needed or planned?
• Has the building had any remediation works, and who paid for them?
• Are there any waking watch or other interim fire safety measures, and are those costs passed on in the service charge?
• What does the buildings insurance cover and what is the current premium?
• Has the freeholder given any statement on costs that may fall on leaseholders?

Ask your solicitor to raise these through the usual enquiries and to review the leasehold management pack. We explain that pack in LPE1 explained for overseas buyers. If major works are proposed, the consultation rules matter too: see Section 20 consultation.

Talk to your lender first

Lenders set their own policies and these can change. Before you pay for a survey, ask your broker or lender whether they will lend on the building and what they will need. If you are an overseas buyer, check this even before you make an offer. Many deals fail late because this question was left until after exchange of contracts was close.

Common mistakes

• Assuming a new-looking building is automatically fine.
• Paying a reservation fee before checking whether a lender will lend on the building.
• Treating the form as the only fire safety question and ignoring service charge increases.
• Relying on the seller's verbal assurance rather than the document and the solicitor's review.

Next step

If you are comparing flats in London, Manchester or elsewhere in England and want help with the questions to put to agents and solicitors, contact Banke UK.

Fire safety rules, lender policies and funding schemes change, and this is general information, not legal, survey or financial advice. Confirm current requirements with your solicitor, lender and a qualified professional.