Found: The regulatory environment has materially changed: the Fire Safety Act 2021 strengthened obligations

Found: detailed in the lease and in legislation including the Building Safety Act, the Housing Act, the Fire Safety Act

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what steps his Department is taking to support leaseholders who are unable to sell or re mortgage their homes because mortgage lenders require an EWS1 form, but where the building’s freeholder or managing agent has confirmed that an EWS1 assessment is not required under current Government guidance and therefore refuses to commission one.

Answered by Samantha Dixon - Parliamentary Under-Secretary (Housing, Communities and Local Government)

An EWS1 form is an industry valuation tool. It is not a government, legal or regulatory requirement, nor is it a safety certificate. Not all lenders ask for an EWS1 as part of their requirements to offer a mortgage, but whether they do remains a commercial decision.

Officials in my department continue to work with lenders to encourage them to accept alternative forms of assurance, such as a comprehensive Fire Risk Assessment. As part of the Fire Safety Act 2021 all buildings require an up-to-date Fire Risk Assessment that includes the external wall of the building and building owners are legally responsible for carrying them out. Where an assessment shows remedial works are not needed, there should be no barrier to lending.

Since 2022 ten major banks and building societies have committed to consider mortgage applications, even if a property has building safety issues, provided either the building has funding for cladding remediation, or the leaseholder has completed a ‘Leaseholder Deed of Certificate’. An EWS1 form is not required in these cases.

Found: Fire Safety Act 2021

Found: Rescue Services (Northern Ireland) Order 2006 Fire Safety Regulations (Northern Ireland) 2010 Fire Safety Act

Found: Regulatory Context and Engagement Under the Fire Safety Order 2005 and as amended by the Fire Safety Act

Found: The Order was amended by s1 of the 2021 Fire Safety Act to clarify the scope of the Order includes, for

Found: requirements in respect of communal areas, which have expanded with recent legislation e.g., the Fire Safety Act

Found: requirements in respect of communal areas, which have expanded with recent legislation e.g., the Fire Safety Act

Found: We have welcomed the Fire Safety Act 2021, sections 1 and 3 of which commenced on 16 May 2022.

Found: Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021 6.15 Members will ensure

Found: correct the most serious of failings of the FSO, by working closely with the Home Office on its Fire Safety Act