Cladding, EWS1 and the Building Safety Act
If you are buying a flat built or clad since around 2000, building safety is a first-order question. Here are the documents that matter and who has to produce them.
The Short Version
- An EWS1 is not a safety certificate: it is a record for valuers and lenders
- It covers the whole building, lasts around five years, and only the building owner can obtain it
- Many lenders no longer require one under 18 metres, but practice varies: ask yours
- The Building Safety Act 2022 protects qualifying leaseholders from historical remediation costs
- You need the Leaseholder Deed of Certificate and the Landlord's Certificate
- Some solicitors decline all work on blocks above four storeys: check before instructing
How we got here
The Grenfell Tower fire in June 2017 exposed serious failures in how external wall systems on residential blocks had been designed, built and signed off. In the aftermath, lenders became unwilling to lend on flats where the safety of the external wall system was unknown, and hundreds of thousands of flats became effectively unsellable.
The response has developed in stages: the EWS1 form as an industry workaround, then the Building Safety Act 2022 as a statutory framework. Both matter if you are buying or selling a flat.
The EWS1 form
The External Wall System form, introduced in 2019, is not a safety certificate and not a legal requirement. It is a standardised way for a qualified professional to record an assessment of a building's external walls so that valuers and lenders can make a decision.
It produces one of several outcomes, broadly falling into two groups: either the wall materials are unlikely to support combustion, or remedial work is required. A form recording that remediation is needed does not stop a sale outright, but it will affect valuation and may affect lending.
An EWS1 covers the whole building, not an individual flat, and is generally valid for five years. It is obtained by the building owner or managing agent, not by an individual leaseholder, which is precisely why it can be so hard to get hold of.
Guidance has softened since the early period. Many lenders no longer require an EWS1 for buildings under 18 metres, and the RICS valuation guidance has been revised. But practice varies between lenders, and the only reliable answer is to ask yours directly.
The Building Safety Act 2022
The Act created a statutory framework for higher-risk buildings and, importantly for buyers, introduced protections limiting what qualifying leaseholders can be charged for historical safety defects.
Two documents matter in a transaction:
The Leaseholder Deed of Certificate
Completed by the leaseholder, it records whether they meet the qualifying criteria for statutory protection: broadly, whether the flat was their main home or they owned no more than three UK properties on 14 February 2022.
The Landlord's Certificate
Completed by the building owner, it records whether the landlord is responsible for the defects and whether they meet the contribution conditions. Where the landlord was responsible for the defect, or meets a net worth test, leaseholders may be protected from remediation costs entirely.
If a qualifying leaseholder sells, the protection passes to the buyer. If the certificate is missing or incomplete, that protection may be lost, which is why this paperwork genuinely matters rather than being a formality.
What this means if you are buying a flat
- Ask about the building before you offer. Height, construction date, cladding type and whether an EWS1 exists. The agent should know; if they do not, that is informative in itself.
- Check your lender's position early. Requirements differ considerably. A lender may decline a building another will accept.
- Confirm your solicitor will act. Some firms decline all work on blocks above four storeys or eleven metres. Slater Heelis in Manchester, for instance, states this openly. Establish it before instructing, not after.
- Get the Leaseholder Deed of Certificate. Your solicitor should obtain it and the Landlord's Certificate through the LPE1 form and management pack.
- Ask about the service charge and reserve fund. Even where remediation costs are protected, associated costs such as waking watch or increased insurance may not be.
If you are selling
Gather documentation before marketing. An EWS1 form where one exists, your Leaseholder Deed of Certificate, the Landlord's Certificate, and any correspondence about planned works. Buildings with paperwork in order transact far more easily than those where everything must be chased mid-sale.
If your building has known issues and no EWS1, price and market accordingly. Cash buyers and investors remain active where mainstream lending is unavailable.
Where this bites hardest
Cities with large stocks of post-2000 apartment development feel this most. Manchester and Salford have a substantial number of affected mid- and high-rise blocks, as do London, Leeds and Birmingham. In practical terms, if you are buying an apartment built or clad since around 2000 in any of those markets, treat building safety as a first-order question rather than a detail.
Scotland
Scotland has developed its own approach. The Scottish Government operates a Cladding Remediation Programme, and the Housing (Cladding Remediation) (Scotland) Act 2024 provides the statutory framework, including a Cladding Assurance Register. The Building Safety Act leaseholder protections are an England and Wales measure and do not extend to Scotland, so Scottish flat buyers should ask their solicitor about the position under the Scottish scheme specifically.
A Note on Jurisdiction
The Building Safety Act 2022 and its leaseholder protections apply in England and Wales. Scotland operates a separate Cladding Remediation Programme under the Housing (Cladding Remediation) (Scotland) Act 2024, including a Cladding Assurance Register. Scottish buyers should ask specifically about the position under the Scottish scheme.
Common Questions
Frequently Asked Questions
What is an EWS1 form?
The External Wall System form is a standardised record of a qualified professional's assessment of a residential building's external walls. It is not a legal requirement or a safety certificate: it exists so that valuers and lenders can make lending decisions. It covers the whole building rather than an individual flat, is generally valid for five years, and is obtained by the building owner or managing agent.
Do I always need an EWS1 to buy a flat?
No. Requirements vary between lenders, and many no longer require one for buildings under 18 metres. Guidance has softened since the early post-Grenfell period. However, practice differs considerably between lenders, so confirm your specific lender's position early rather than assuming.
What is a Leaseholder Deed of Certificate?
A document under the Building Safety Act 2022 in which a leaseholder records whether they qualify for statutory protection from historical building safety remediation costs. Qualification broadly depends on whether the flat was their main home, or they owned no more than three UK properties, on 14 February 2022. The protection passes to a buyer on sale, so the paperwork should be obtained during the transaction.
Do the Building Safety Act protections apply in Scotland?
No. The leaseholder protections under the Building Safety Act 2022 apply in England and Wales. Scotland operates its own Cladding Remediation Programme with a separate statutory framework under the Housing (Cladding Remediation) (Scotland) Act 2024. Scottish buyers should ask their solicitor about the position under the Scottish scheme.
Keep Reading
Related Guides and Pages
Manchester Solicitors
A market with substantial affected apartment stock, and firms that flag their limits.
London Solicitors
Firms with deep leasehold and building safety experience.
Short Leases Explained
The other leasehold issue that can derail a flat purchase.