10 things you need to know about the new EWS1 form on external cladding

The EWS1 form is a way for residential building owners (above 18m in height) to prove to lenders and valuers that the external cladding has been assessed by an expert. The form involves a ‘qualified professional’ conducting an assessment on the external wall system (made up of the outside wall of a residential building, including cladding, insulation and fire break systems) before signing one of the two options in the EWS1 form. An EWS1 form is valid for 5 years from signature, sounds simple – but in reality it is anything but.

The building owner or managing agent is responsible for establishing what materials are on their building. They need to confirm what the wall system is made up of and whether an assessment is required. No one should be living in a building which is unsafe, and the building owners are the only ones who can progress the assessment process.

The EWS1 form currently applies to individual residential leasehold buildings over 18 metres tall. However updated Government advice in the future may see this figure change, and mortgage companies also want protection in case of new legislation.

While the EWS1 form is not applicable for properties below 18 metres, lenders and investors are increasingly requesting the same level of comfort across their entire portfolio. The lack of official guidance is creating conflict between building owners/ managing agents and the debt providers or mortgage companies.

The forms require a ‘qualified professional’ to complete it e.g. a fully qualified member of a relevant professional body within the construction industry. However, in our experience, we have seen even qualified professionals filling out these forms inaccurately and mistakes do get made. This means that it's important to have a strong review process in place and to ensure that the correct supporting information or reports are provided with the form.

The form includes two options.

• Option A is for buildings where the materials used in the external wall would be unlikely to support combustion.
• Option B is for buildings where combustible materials are present in external wall and Option A therefore does not apply. It means that a more detailed review (and hence higher level of fire expertise) is required.

The signatory should use either the Option A approach or the Option B approach and delete/cross out the unused option. Within each option there are sub-options, and the user should tick the box of the relevant sub-option.

Documentation will need to be reviewed, possibly alongside photographic or other evidence taken at the time the building was constructed, to satisfy the requirements of the EWS1 form. Intrusive tests may be required if insufficient or inconclusive documentation is available. This could include opening-up works to the external walls and cladding to check the make-up of construction and the quality of installation.

For Option A the signatory would need the expertise to identify the relevant materials within the external wall and attachments, as well as whether fire resisting cavity barriers and fire stopping measures have been installed correctly. However, this would not necessarily require expertise in fire engineering. The signatory should be a member of a relevant professional body within the construction industry.

For Option B the signatory of the EWS1 form would need expertise in the assessment of the fire risk presented by external wall materials and should be a member of a relevant professional body that deals with fire safety in the built environment. This could be a Chartered Engineer with the Institution of Fire Engineers or equivalent.

Unfortunately, there are a lack of suitable experts in the industry who can review and sign off the EWS1 forms, which can create significant delay in the assessment and completion of the exercise. This can be further exacerbated by the need for potential opening-up works and associated access requirements, as well as the level of demand across the industry.

The building owner, which can be an individual leaseholder, may have to bear the cost if remedial works are required. This is a significant problem, as the cost to rectify issues for a single apartment could be as much as £50,000, normally charged through an increase in service charges.

In addition to a previous Government fund of £400 million for remediation of ACM cladding, there is now a further similar fund of £1 billion for the remediation of non-ACM cladding, which apartment owners can access.

It's not as simple as it sounds. Clients expect clear answers from one person, but this is not always possible. Multiple disciplines and different specialists need to be involved in implementing any necessary changes, including fire engineers, cladding engineers and cost consultants.

We can assess existing buildings to review where there may be potential issues to consider, and help you understand how these can be repaired in line with your own obligations and Government guidelines, including how much it will cost and how long it will take.

Our experts understand the EWS1 form process, including what information is needed and at what stages.