Cladding crisis: What is the significance of the EWS1 form to flat owners?

Since the Grenfell tragedy in June 2017, the market for flats in both low- and high-rise properties has been blocked due to the issues with the cladding crisis and the exposure of fire risks in such properties. Lenders and therefore buyers have required proof that property has been assessed for fire risks by way of an External Wall System Fire Review, better known as an EWS1 form, in order to be able to sell, purchase or remortgage homes.

But what is an EWS1 form and when is it used? In this article, partners Ed John and Louise Elmes answer the frequently asked questions regarding EWS1 forms.

What is an EWS1 form?

The EWS1 form, also known as an “EWS1 certificate” or “EWS1 report”, is a certificate by a suitably qualified person that the external wall system (EWS) of a residential building has been assessed for its fire resistance.

The external wall system comprises the outside wall of a residential building and includes the cladding, insulation, fire-stops and fire barriers as well as attachments such as balconies.

EWS1 has been through three editions, and the 3rd and current edition of the EWS1 form was issued on 16 March 2022.

How long is an EWS1 form valid?

An EWS1 Form is valid for 5 years from the date of the form, but will need to be reassessed and re-issued if there are significant changes to the external wall or attachments to the exterior of the building (such as balconies or hoardings).

What is the EWS1 form used for?

RICS, UK Finance and the Building Societies Association developed the EWS1 form. The form became a necessity when the market for buying and selling high-rise flats froze as a result of the inability of valuers to value flats in residential blocks following the Grenfell disaster of June 2017, resulting in so-called “mortgage prisoners” unable to sell or remortgage their flats.

The EWS1 form provides the owner of a property with a way to assure a purchaser or mortgage provider that the fire resistance of an external wall system of a residential building has been assessed by a suitably qualified person.

The original purpose of the EWS1 form was to allow flats in buildings above 18m to be assessed for fire resistance in a way which would give mortgage lenders enough assurance to value them. Changes in Government advice in January 2020 brought all residential buildings of any height potentially within scope.

Who prepares the EWS1 form?

The EWS1 form can be signed off by a number of different professionals if “Option A” is selected (i.e. that there is no material in the external wall which is non-combustible), including suitably qualified architects, engineers and surveyors.

If there are materials present in the external wall which are combustible (“Option B”), the person signing the EWS1 form requires a greater level of expertise in the assessment of the fire risk it presents. That qualification would typically be either:

1. a Chartered or Incorporated Engineer with full membership of the Institution of Fire Engineers (IFE); or
2. a fully qualified member of a relevant professional body that deals with fire safety in the built environment who has either Chartered or Incorporated Engineer status or an equivalent status.

Do I need an EWS1 form?

An EWS1 form is not a legal requirement for any transaction. However, if you are buying, selling, mortgaging or remortgaging a flat and it is in a building over 18m (about 6 storeys high), then it is likely that either a buyer, lender or their valuer will ask for an EWS1 form. EWS1 forms are not always required for buildings less than 18m and the lower the height of the building, the lower the probability that one will be required.

What is the difference between an EWS1 form and a fire risk assessment?

An EWS1 form is an assessment of the presence of combustible materials in the outside wall of a residential building, prepared only for the purposes of a sale or mortgage. An EWS1 form is not an assessment of fire life safety or a replacement for a fire risk assessment.

A fire risk assessment is mandatory for all occupied buildings, including residences, schools, workplaces, vehicles, vessels and aircraft. It is a much more extensive document which has a much wider purpose. The responsible person (usually the owner, landlord or managing agent) of the premises has a duty to assess risks to identify the general fire precautions which need to be taken. The precautions needed are those required to comply with the Regulatory Reform (Fire Safety) Order 2005.

Whom do I ask for an EWS1 form?

If you are a flat owner remortgaging or selling or if you are a buyer of a flat, you should ask your solicitor whether you need an EWS1 form for the building in which the flat is located. If an EWS1 form is required, they will request one from the landlord or managing agent.

If you are the landlord or managing agent of a building who needs to have an EWS1 form prepared, contact a professional body such as the Institution of Fire Engineers. The IFE guidance on whom to appoint is here.

Does an EWS1 form mean my building is safe?

No. An EWS1 form is a very limited assessment, often a “desktop” assessment without extensive intrusive inspections, of the fire risk posed by the presence of combustible materials in the external wall system. It is not a substitute for a fire risk assessment, nor does it assess other building safety risks, such as structural stability, ventilation, disrepair or the presence of hazardous materials such as asbestos.

Does an EWS1 form mean my building complies with building regulations?

No. An EWS1 form does not certify building regulations compliance. Only a completion certificate from a local authority (or a “final certificate” from an approved inspector) under the Building Regulations 2010 formally certifies the building has been inspected and that the building works have been carried out in accordance with the applicable building regulations.

However, it became clear following the Grenfell disaster on 14 June 2017 that many building regulations certificates had been issued in reliance on certifications of cladding and/or insulation materials which had been wrongly classified as “materials of limited combustibility”. The most commonly mis-classified materials were aluminium composite material (ACM) cladding and phenolic insulation. Some of the fire ratings for those products have been withdrawn and there remain others whose validity is now in doubt. As a consequence, some of the building regulations certificates are no longer a reliable indicator of building regulations compliance.

What is the difference between EWS1 classifications A1, A2, A3, B1 and B2?

In the EWS1 form, Option A indicates that external wall materials are “unlikely to support combustion”. There are 3 sub-classifications of Option A, which are explained below.

Option B indicates that “combustible materials are present in the external wall system”. There are two sub-classifications of Option B, which are also explained below.

What does it mean if my building is rated A1 in an EWS1 form?

An A1 rating in an EWS1 form means that a suitably qualified member of a relevant professional body within the construction industry has confirmed that:

• the primary materials used meet the criteria of limited combustibility or better, and cavity barriers are installed to an appropriate standard in relevant locations; and
• there are no attachments to the external wall (such as balconies) which include significant quantities of combustible materials.

What does it mean if my building is rated A2 in an EWS1 form?

An A2 rating in an EWS1 form means that a suitably qualified member of a relevant professional body within the construction industry has confirmed that:

• the primary materials used meet the criteria of limited combustibility or better, and cavity barriers are installed to an appropriate standard in relevant locations; and
• there is an appropriate risk assessment of the attachments to the external wall (such as balconies) confirming that no remedial works are required.

What does it mean if my building is rated A3 in an EWS1 form?

An A3 rating in an EWS1 form means that a suitably qualified member of a relevant professional body within the construction industry has confirmed that:

• the primary materials used meet the criteria of limited combustibility or better, and cavity barriers are installed to an appropriate standard in relevant locations; and
• where neither A1 nor A2 apply, there may be potential costs of works to attachments to the external wall (such as balconies).

What does it mean if my building is rated B1 in an EWS1 form?

A B1 rating in an EWS1 form means that a Chartered or Incorporated Engineer of the IFE (or person with equivalent status) has confirmed that:

• combustible materials are present in external wall; and
• their conclusion is that the fire risk is sufficiently low that no remedial works are required.

What does it mean if my building is rated B2 in an EWS1 form?

A B2 rating in an EWS1 form means that a Chartered or Incorporated Engineer of the IFE (or person with equivalent status) has confirmed that:

• combustible materials are present in external wall;
• their conclusion is that the fire risk is sufficiently high that remedial works are required; and
• they have identified to the managing agent or landlord the remedial and interim measures required (N.B. this is documented separately and does not form part of the EWS1 form).

Can I still sell or remortgage my flat if it is rated B2 in the EWS1 form?

That will depend on the lender’s or buyer’s appetite for risk and their valuer’s assessment of that risk.

For advice on liability relating to cladding and other building defects, the building safety funds and the significance of EWS1 forms, please use the contact details below.