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

To ask the Secretary of State for Housing, Communities and Local Government, if she will bring forward legislative proposals to make it a statutory responsibility of (a) owners of and (b) responsible persons for residential buildings taller than 11 metres to carry out (i) an EWS1 survey and (ii) a Fire Risk Appraisal of External Walls to ensure the mortgageability of any leasehold flat in the block.

An EWS1, which is not a government process or statutory requirement, should not be required for leaseholders in buildings 11 metres and above to re-mortgage or sell their property. As of 18 March 2024, 10 mortgage lenders have signed a joint statement on cladding, confirming they will consider lending on properties in buildings 11 metres and above, regardless of whether works have started.

A Responsible Person is required to ensure that their building has a Fire Risk Assessment, and the Fire Safety Act 2021 clarified that this should include the external walls. In many cases, it will be obvious through inspection that the risk to life from external fire spread is not such to warrant a more detailed Fire Risk Appraisal of External Walls. Where a more detailed fire risk appraisal is required, this should follow the British Standards Institution PAS 9980 methodology.