EWS1 forms

After the Grenfell Tower fire tragedy, new regulations were brought in to assess the fire safety of external wall systems. The EWS1 form is evidence that a building has had an assessment for fire safety.

Sometimes an EWS1 form is not required for a building. The criteria for where an EWS1 form is required is based on the type of external wall the building has as well as how tall the building is. 

Not every building in scope above 18m will require an EWS1 form – only those with some form of combustible cladding or combustible material on balconies.

We have no legal duty to provide an EWS1 form. Our only current duty is to provide a copy of the fire risk assessment for the property, leaseholders can order a fire risk assessment from us for free.

An EWS1 is not needed for buildings less than 18m (approx. 6-storeys) high. Not every building above 18m will require an EWS1 form, only those with some form of combustible cladding or combustible material on balconies.

Some lenders are requesting an EWS1 is completed on all buildings, even those below 18m in height. An ESW1 is not needed for buildings less than 18m high. Where your building is under 18m, our advice is to send back a blank copy of an EWS1 form to the lender with the response: 

“As per EWS1 form paragraph 1, which states this form is for buildings over 18m and that it should not be used for any other purpose, my building is under 18m so EWS1 does not apply.”

We will respond to leaseholders advising them that an EWS1 is not required for their building. This will be based on the latest guidance from RICS accompanied by a report from our fire risk assessors advising the same.

Some lenders are requesting an EWS1 is completed on all buildings, even those below 18m in height. An ESW1 is not needed for buildings less than 18m high.

Where your building is under 18m, our advice is to send back a blank copy of an EWS1 form to the lender with the response: As per EWS1 form paragraph 1, which states this form is for buildings over 18m and that it should not be used for any other purpose, my building is under 18m so EWS1 does not apply.

There is no statutory obligation for landlords to carry out or provide copies of EWS1 forms for leaseholders. 

Our only current duty is to provide a copy of the fire risk assessment for the property, leaseholders can order a fire risk assessment from us for free.

There is a national shortage of independent professionals that are both suitably qualified to complete an EWS1 form and who also have a suitable level of professional indemnity (PI) insurance. This means that many building owners across the UK cannot get EWS1 forms completed.

Where it is possible to find a suitably qualified and insured professional, the cost of these forms is up to £12,000 per EWS1 – especially where simple visual inspection is not possible. As EWS1s are not a legal requirement, there is no obligation on building owners to complete these at a cost to themselves.

Cost cannot be shared between all leaseholders in a block for several reasons, such as the fact there may only be a single leaseholder in a block, some leaseholders have no mortgage, a long-fixed term mortgage deal, or a cash buyer for their sale - so an EWS1 form is not relevant to their situation. 

We consider it may be unreasonable to pass these costs on to other leaseholders where the EWS1 is only being carried out because of individual mortgage applications. Since January 2023, some of the main High Street lenders no longer require a EWS1 form for lending purposes provided certain conditions are met.

The timescales for remediation are subject to the risk posed to our residents and the funding available.

Until the findings of the EWS1 surveys are identified, we are unable to forecast the total budget requirements for remediation works nor timescales in resolving non-compliant issues.
Consideration will need to be given for possible mitigation measures to be implemented until the external wall system can be suitably remediated.

Examples of possible mitigation includes but is not limited to:

• type 4 FRA’s – this is an intrusive and destructive survey to both the common areas within the building and within selected dwellings to inspect for compartmentation breaches.
• installation of common area fire alarm system
• fire stopping to all common areas
• installation of sprinkler systems
• waking watch (worst case scenario)

It could also involve upgrading fire alarm detection within dwellings. All occupied rooms will have a smoke detector fitted to provide early warning to residents in the event of a fire within their household, which will involve the installation of an upgraded system into both tenants and leaseholders’ flats.
We will talk to residents where remediation works are required. In addition, where costs of remediation works are to be passed on to leaseholders, we will carry out statutory consultation as required by legislation.

There are a number of lenders that no longer require EWS1 forms in some circumstances. 

Some lenders for homes in buildings of 11m or 5 floors require a landlord certificate from us. First, the leaseholder would need to complete and send us a Deed of Certificate. Download a template and find out more information on leaseholder Deed of Certificates. Once we’ve received this, we can provide you with a landlord certificate which confirms the status of the building and that you’re the legal leaseholder.

The Deed of Certificate also provides evidence that the leaseholder’s lease meets the criteria for protection against unaffordable remediation costs under the Building Safety Act 2022. Which means leaseholders are only required to contribute towards remediation costs in limited circumstances.

PAS 9980 is an industry wide, best practice methodology to conduct and record fire risk appraisals of external walls, while assessing the level of safety. It also identifies the proportionate steps that could be taken to better safeguard residents while seeking not to expose them to undue financial burdens. Following the completion of the PAS9980 survey, a report will provide details of the make-up of the external wall. 

To be a qualifying leaseholder your building must be above eleven metres, or five floors high, as specified in the Building Safety Act 2022, section 118.

The Leaseholder Deed of Certificate is a legal document that leaseholders of qualifying leases must submit to their landlord or building owner.

The Deed of Certificate can provide evidence that the leaseholder’s lease meets the criteria for protection against unaffordable remediation costs under the Building Safety Act 2022.

The Deed applies to qualifying leases, which are generally long leases of dwellings in relevant buildings. Relevant buildings are those that contain at least two dwellings and have specific fire or structural safety defects that require remediation work. These defects could include issues with cladding, fire safety doors, or structural problems that pose a risk to the building’s occupants.

There are a number of lenders that no longer require EWS1 forms in some circumstances. 

Some lenders for homes in buildings of 11m or 5 floors require a landlord certificate from us. First, the leaseholder would need to complete and send us a Deed of Certificate. Download a template and find out more information on leaseholder Deed of Certificates. Once we’ve received this, we can provide you with a landlord certificate which confirms the status of the building and that you’re the legal leaseholder.

The Deed of Certificate also provides evidence that the leaseholder’s lease meets the criteria for protection against unaffordable remediation costs under the Building Safety Act 2022. Which means leaseholders are only required to contribute towards remediation costs in limited circumstances.

The deed of certificate is for owners of a leasehold property where Lewisham Council is the freeholder.

The qualifying leaseholder needs to complete the form, and is someone who holds a qualifying lease, which typically means a long lease of a residential property within a relevant building. 
Shared ownership leases may also be considered qualifying leases, depending on the specific terms of the lease agreement.

If unsure leaseholders can seek professional advice if they are unsure whether their lease qualifies.

The leaseholder would need to complete and send us a Deed of Certificate. Download a template and find out more information on leaseholder Deed of Certificates. Once we’ve received this, we can provide you with a landlord certificate which confirms the status of the building and that you’re the legal leaseholder.

When completing the Leaseholder Deed of Certificate you must include the following information:

• the name of the leaseholder on 14 February 2022 (If you did not own the property on 14 February 2022, you must still fill in and sign the certificate.)
• whether this was their/ your principal home, or they/ you own three or fewer UK properties
• you need to include their/ your official copy, and their/ your sale completion document, as this will determine whether your property was worth more than £325,000 on 14 February 2022

The Deed must be executed by the person who is the leaseholder under the lease, and be executed as a deed (that is, a legal document that is signed by you, and signed and witnessed by someone who is not a family member).

The time limit for submitting the Deed of Certificate was 14 February 2022. Meaning any qualifying leaseholder who had their lease in place before this date must send us a Deed of Certificate. Download a template and find out more information on leaseholder Deed of Certificates.

Failure to comply with the requirements of the Leaseholder Deed of Certificate can result in leaseholders being liable for the full costs of remediating building safety defects, which could be substantial.