What is the significance of the EWS1 certificate to apartment owners?

What is an EWS1 certificate?

Often, when assisting with the sale of property in and around the Manchester area, clients ask us, what is an EWS1 certificate and is one required. Please allow us to explain alittle more. ESW Stand for External Wall Survey. Following the Grenfell Tower Tragedy in 2017, there have been many initiatives and safety procedures implemented to improve building safety, in particular, the assessment of apartments in high rise buildings. The EWS1 certificate, or External Wall Fire Review form, is intended to provide a consistent and universally recognised record of what assessments have been carried out on the external wall construction of multi-story residential premises. The external wall survey consists of inspections being carried out on the outside wall of a residential building, including any cladding, insulation, and fire break systems for instance. The assessment must be conducted by a qualified and competent professional, such as a Chartered Construction Professional as defined on the RICS guidance. A single assessment is needed per building. Once the EWS1 certificate has been completed it will be valid for five years, subject to significant use changes or any refurbishments. The EWS1 is designed to provide a clear “safe” or “unsafe” certificate with the outcome falling into one of the following:

• Option A: where the materials in the external wall would be unlikely to support combustion
• Option B: where combustible materials are present in the external wall, a more detailed assessment is required

If the EWS1 assessment reveals that remedial works are required, there may be government funds to aid in undertaking the remediation works. Such assistance will be available where owners and their buildings meet the qualification criteria. As mentioned, the certificate is valid for five years, although a building must be reassessed if any renovation or adaption work takes place within that period, and applies to an entire block rather than each individual apartment. But this certificate should be set in the broader landscape of fire safety, which recent guidance from the government has advised should be viewed holistically in any multi-storey or multi-occupancy building irrespective of height. This has resulted in some confusion over which buildings the EWS1 form should apply to and whether that should only be to buildings over 18 metres in height or all multi-occupancy blocks. So, how does it effect you?

I’m selling my apartment, how does the EWS1 form affect me?

If your property is within a residential building where the highest floor is 18 metres or more above the ground, or if there are specific concerns about cladding on the building, you may be required to obtain a copy of any EWS1 certificate from your landlord or management company to provide to your purchaser. With some lenders refusing to proceed with mortgage applications where the EWS1 certificate cannot be produced, you may be unable to sell as the value and insurance costs of the building may be affected where the fire-safety cannot be evidenced.

I’m purchasing an apartment, how does this affect me?

Your conveyancer should obtain a copy of the EWS1 certificate for the block if you are looking to purchase a flat in a building meeting the criteria for assessment. This will allow you to consider not only the safety aspect, but also the financial implications if the block falls within Option B. If you are purchasing your property with the assistance of a mortgage, your lender will also require confirmation that the entire external wall system complies with the latest government advice or may not provide a mortgage against the property.

I’m a landlord, how does this affect me?

As of December 2022, there is no statutory obligation for a landlord to provide an EWS1 to tenants when they sign a assured shorthold tenancy agreement.

Are you thinking of selling your apartment?

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