Conveyancing involves many complex processes and the requirement of having various documents in place.
An EWS1 form has originated to provide safeguards against fires. Read on to know more.
What is the EWS1 form?
An EWS1 (External Wall System) form is a fire safety assessment document specifically designed for residential buildings with external wall systems, including cladding.
This form, introduced by UK Finance and the Building Societies Association, helps building owners, mortgage lenders, and housing associations assess the fire risk posed by external wall materials.
The form is completed by a suitably qualified professional, such as a chartered surveyor or fire engineer, who examines the external wall system to ensure compliance with relevant building regulations and identifies any need for remedial works. The form plays an essential role in the conveyancing process, influencing both mortgage applications and building safety measures.
Origins of EWS1: post-Grenfell fire safety concerns
The EWS1 form emerged due to heightened fire safety awareness following the Grenfell Tower fire disaster.
This tragedy highlighted the hazards of combustible materials in external wall systems of residential buildings.
The form is a standardised fire risk assessment tool, focusing on external walls. Its development reflects a collective effort by the construction industry, fire engineers, and government bodies to address and reduce fire risks in multi-occupied residential buildings.
When is an EWS1 form necessary?
In the UK, determining the need for an EWS1 form depends on specific criteria. Primarily, it applies to residential buildings with external walls or cladding. This requirement isn't uniform across all buildings.
Instead, factors like building height, cladding material types, and the presence of combustible materials affect its necessity.
For homeowners or prospective buyers, recognising these factors is the first step in addressing fire safety concerns.
Impact of external wall materials on EWS1 form requirements
The composition of a building's external walls plays an essential role in requiring an EWS1 form. When these walls incorporate materials that support combustion, a fire risk assessment becomes necessary.
The EWS1 form evaluates the fire risk posed by these materials. For building owners, assessing the impact of these materials is important. It not only informs the need for an EWS1 form but also guides subsequent fire safety measures.
Obtaining an EWS1 form
Who arranges the EWS1 form?
Building owners are responsible for arranging an EWS1 form.
This legal requirement, stemming from heightened fire safety concerns, ensures external wall systems meet necessary standards. The building owner must initiate this process.
In some cases, managing agents may also be involved, especially in residential blocks where multiple parties have a stake.
Initiating the process
The first step involves the building owner recognising the need for a fire risk appraisal. They must determine whether their building falls under the criteria requiring an EWS1 form.
Government advice generally necessitates this for taller residential properties, particularly those with cladding external wall systems.
Engaging a qualified professional
Once the need is established, the building owner must engage a specialist fire engineer or a suitably qualified person.
This professional should be a member of a relevant professional body, such as chartered surveyors or chartered or incorporated engineers. Their expertise is required for an accurate and compliant fire safety assessment.
Completing the assessment
The engaged professional then undertakes a thorough fire risk assessment of the building's external wall system. This includes examining any combustible materials, fire break systems, and the general fire precautions of the structure.
The assessment aims to ensure external wall systems do not support combustion and meet building regulations compliance.
Receiving the certificate
Upon completion of the assessment, the professional provides an EWS1 form, reflecting remediation arrangements if necessary.
This certificate is a must for building owners to prove building regulations compliance, particularly in transactions involving mortgage lenders. The form also serves as a completion certificate indicating the building's fire safety status.
The costs involved
Direct and indirect costs
The EWS1 form's financial demands are multifaceted. Homeowners or building owners encounter various costs during this process.
These expenses are not uniform and vary based on several factors. The primary outlay is the fee for the assessment itself. This fee is paid to the expert conducting the evaluation of the external wall system.
There might also be indirect costs, such as administrative fees or delays affecting property transactions.
Factors influencing the cost of an EWS1 form
Several elements dictate the EWS1 form's cost. The complexity of the building's structure is a major factor. More intricate designs require extended assessment time, increasing costs.
The location of the property plays a role, as costs vary regionally across the UK.
The qualifications and experience of the professional undertaking the fire risk assessment also influence the price. Highly skilled fire engineers or chartered or incorporated engineers generally command higher fees.
Lastly, the urgency of the request can affect cost, with expedited services often incurring additional charges.
EWS1 form's impact on mortgages
How mortgage lenders view EWS1 forms
Mortgage lenders view the EWS1 form as a very important document in evaluating loan applications for properties with cladding. This form reassures lenders about the building's fire safety, a major consideration post-Grenfell.
Lenders, including major groups like Lloyds Banking Group, often require an EWS1 form before approving mortgages on affected properties. The absence of this form can lead to mortgage rejections or requests for further fire safety assessments.
We have more detail in our article, about what else is required to make a successful mortgage application.
Mortgage applications and EWS1 form
For prospective buyers, presenting an EWS1 form is a necessary step in securing a mortgage. The form's presence demonstrates compliance with fire safety standards, easing the lender's risk concerns.
It is advisable to obtain this form before applying for a mortgage to prevent delays. Applicants should be aware that the EWS1 form doesn't guarantee mortgage approval.
Lenders also consider other factors like creditworthiness and property value. You must consult with mortgage lenders early to understand their specific requirements regarding the EWS1 form and any related fire risk assessments.
Legal and regulatory aspects
Fire safety regulations
The EWS1 form stems directly from recent amendments to fire safety regulations. The form certifies that an external wall system has undergone an appropriate risk assessment. This is important for managing agents and building owners, as it directly affects building safety and compliance.
Building owner's legal obligations
Building owners face specific legal responsibilities concerning the EWS1 form. Primarily, they must ensure that their properties comply with the latest fire safety standards. This includes obtaining an EWS1 form for buildings with cladding external wall systems.
The legal owner of a building is the only party authorised to initiate the EWS1 process.
They must engage a suitably qualified person, usually a chartered or incorporated engineer, to conduct the fire assessment. Failure to comply can result in legal repercussions, reflecting the government's commitment to fire safety post-Grenfell.
Owners must also consider remedial and interim measures if the assessment uncovers risks, which further emphasises their legal and ethical duty towards occupant safety.
Cladding issues in residential buildings
Fire risk assessments are a legal requirement for all residential buildings in the UK. These assessments become particularly relevant when buildings are clad with combustible materials.
The external wall system (EWS) of a building, including any cladding, plays a major role in determining the overall fire risk. The assessment involves a detailed evaluation of the materials used and the structural stability of the cladding.
This is where an external wall system assessment comes into play, often leading to the requirement of an EWS1 form.
Remedial actions following an EWS1 assessment
Once a building has undergone an EWS1 assessment and if risks are identified, remedial actions are required. These actions vary depending on the level of risk and the type of combustible material found in the cladding external wall system.
Remedial works can range from minor adjustments to complete removal and replacement of hazardous materials.
The costs for these works are substantial and often a point of contention between building owners, residents, and sometimes the local council. Building safety funds may be available to assist with remediation costs, but this often requires navigating complex eligibility criteria.
Challenges and solutions
Shortage of experts for assessments
EWS1 assessments often face delays due to a shortage of experts. Qualified professionals, such as chartered or incorporated engineers, are in high demand for these specialised fire risk appraisals. This scarcity leads to longer waiting times for residential building owners needing an EWS1 form.
To address this issue, efforts are underway to increase the number of professionals trained in external wall system assessments.
Relevant professional bodies are working to streamline the certification process, ensuring more efficient and timely assessments.
Professional indemnity insurance considerations
Experts conducting fire safety assessments face high insurance costs due to the risks involved. These costs often translate to higher fees for building owners. Solutions include collaborative efforts between the government, insurance companies, and professional bodies.
These aim to reduce insurance premiums by sharing risk and providing clearer guidelines for fire risk assessments. This approach seeks to make the EWS1 process more affordable and accessible.
Future outlook: EWS1 forms and the construction industry
Government advice and future policies
Future government policies regarding EWS1 forms are likely to focus on improving fire safety in residential blocks. The government's advice may include updated guidelines on fire risk appraisals and the use of combustible materials in building construction.
Anticipating changes, stakeholders in the construction industry should stay informed about these developments. These updates aim to enhance fire safety standards and ensure compliance with evolving regulations, particularly in occupied buildings with fire risks.
Impact of the Building Safety Act
The Building Safety Act's influence on EWS1 forms is expected to be considerable. The act will introduce stricter regulations for fire safety assessments, including the need for more rigorous external wall system inspections. It will likely mandate more stringent criteria for qualified professionals conducting these assessments.
These changes are designed to enhance building safety, reflecting remediation arrangements and ensuring remedial works meet higher standards. As a result, building owners and managing agents should prepare for more detailed scrutiny in future EWS1 processes.