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Answer:

This is up to the expert undertaking the assessment, but it must include evidence of the fire performance of materials used in the cladding.

While paperwork submitted by the building's original developer can form part of the evidence, it cannot be solely relied upon. Photo evidence of the cladding will be required, or a physical inspection where this is not available or inconclusive.

In some cases - even where all attempts to establish the cladding system have been taken – the makeup and composition of the external wall system may still be unclear. It may mean that intrusive tests may be required, alongside a more detailed review by a professional of a higher level of expertise. These tests may involve a hole being drilled into the wall or a section of cladding removed to identify the external wall system materials and their composition. It is important to identify the whole make-up of the cladding system and how it has been installed.

Answer:

The seller should request that their building owner or managing agent commissions an EWS1 assessment where their building is in scope. The building owner or managing agent is responsible for confirming what materials are on their building and whether an assessment is required.

The building owner should have a valid EWS1 form for the building to confirm that the external wall cladding system has been assessed by a suitable expert. A valuer or lender will also ask for an EWS1 form if they suspect an external wall cladding system may contain combustible materials for buildings in scope.

Answer:
If the building owner does not acknowledge their legal responsibility and refuses to undertake the assessment, we advise you to contact the London Fire Brigade. No one should be living in a building which is unsafe, and the building owners are the only ones who can progress this.
Answer:

If an external wall cladding system requires remedial work then the valuer should take this into consideration in their valuation. A valuation will only be possible if the costs of the work are clear and there is a timeline for works to be completed. Lenders are unlikely to lend until remedial work has been completed, but some may choose to do so with retentions based on what they consider the risk to be.

The EWS assessment is for the building owner to oversee, but the resulting form should be available on request to all occupants in that block in the interests of transparency.

Answer:

The Royal Institute of Chartered Surveyors developed the EWS1 form which came into use in December 2019. It records what assessment/fire survey has been carried out on the external wall system for buildings of 18 metres or more above ground level “or where specific concerns exist”.

Flat owners seeking to sell or re-mortgage their homes are asked by lenders to complete an EWS1 form. EWS1 forms are not a legal requirement but lenders may refuse a mortgage application where one cannot be produced.

The EWS process involves a fire safety assessment by a suitably qualified professional who completes the EWS1 form. More information can be found on the RICS website.

EWS1 forms are valid for five years. Where a building has been altered a new form may be needed.

The EWS is a set way for a building owner to confirm to valuers and lenders that an external cladding system on residential buildings in scope above 18 metres in height (approximately 6-storeys) has been assessed by a suitable expert. 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.

Owners of flats in buildings without cladding do not need an EWS1 form to sell or re-mortgage their property. This follows on from an agreement reached between the Government and the Royal Institution of Chartered Surveyors (RICS), UK Finance and the Building Societies Association (BSA). The full press release issued on 21st November 2020 by the Ministry of Housing, Communities and Local Government.

Despite this announcement, there will be properties with issues other than cladding which will not become automatically exempt from a fire survey. Buildings with wooden balconies, and other safety issues, will still be required to undertake the external fire safety checks.

By exception there may be some residential buildings below 18m which may have ‘specific concerns. These would be 4 & 5 storey buildings in scope which may have combustible cladding or balconies with combustible materials, which are only a clear and obvious danger to life safety and may require remediation in accordance with the latest Government advice.

Answer:
The external wall system is made up of the outside wall of a residential building, including cladding, insulation, fire-break systems, etc. The external wall may be a cavity wall, rainscreen cladding system or an External Wall Insulation (EWI) system.
Answer:
All materials which become part of an external wall or specified attachment must achieve European fire rating Class A2-s1, d0 (both limited combustibility) or Class A1 (non-combustible).
Answer:

The Government has published these documents explaining the new requirements:

 

Answer:

The ban on combustible materials in external walls applies to the external walls for residential blocks of flats, student accommodation, care homes, sheltered housing, hospitals and dormitories in boarding schools which are above 18 metres in height. It does not apply to any room in a hostel, hotel or a boarding house, and any commercial buildings.

The ban on combustible materials also applies to buildings where the above building types have balconies, sun shadings and solar panels attached to an external wall. The ban applies to new building work and to existing buildings going through a change of use such as office buildings being converted into apartments, which are above 18 metres in height.

Answer:

The EWS form must be completed by a fully qualified member of a relevant professional body within the construction industry with sufficient expertise to identify the relevant materials within the external wall cladding and attachments, including whether fire resisting cavity barriers and fire stopping have been installed correctly.

The Council cannot approve individual persons who can deliver the EWS1 and cannot advise on who can and cannot complete the EWS1 form/ process. Only qualified chartered members of the relevant professional bodies such as IFE and RICS will have the necessary self-assessed competence AND professional indemnity insurance to carry out this work.

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