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Government urges review of completed EWS1 checks for buildings under 18 metres

Small and medium-rise buildings that have already received fire safety checks should get these reviewed to see if remediation work is needed, the government has advised.

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Government says that EWS1 checks for buildings under 18 metres should be reviewed #UKhousing

In a statement to Inside Housing, the Ministry of Housing, Communities and Local Government said its expert group has “strongly recommended” External Wall System 1 (EWS1) forms for blocks under 18 metres that say remediation work is needed should now be looked at again by a competent professional and changed if it is felt the initial judgement was not “proportionate or cost-effective”.

The statement came in response to comments from the Royal Institution of Chartered Surveyors (RICS) last week when it said buildings that have already received EWS1 forms which state remediation work is needed will still likely have to get that work done before banks can lend.

The RICS pointed to its current EWS1 guidance which states: “Valuers must take into account all known information that would affect the value of a property.

“This would include an existing EWS1 form and the guidance will not therefore have retroactive effect for buildings that already have an EWS1 form.”


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However, the government has suggested that these forms should now be reviewed in light of its new expert advice which said there was no evidence of systemic fire risk in blocks under 18 metres.

A spokesperson for MHCLG said: “The view from the independent experts is that there is no evidence of a systemic risk of fire in blocks of flats, but excessive industry caution is leaving many leaseholders in lower risk buildings unable to sell, or facing bills for work which is often not necessary.

“For those in buildings below 18 metres who have already received an EWS1 form, the expert advice strongly recommends that these cases are reviewed to prevent leaseholders facing bills for work where it is not needed.”

The expert advice, published two weeks ago, states that they must be reviewed to ensure that the proposed solution is "proportionate and cost effective".

The MHCLG said these reviews must be carried out by a competent professional, but has not provided any details of what qualifications or accreditation they would need. Inside Housing also asked whether it expected leaseholders to pay for these reviews through their service charges.

Since the EWS1 form was introduced in December 2019, thousands of leaseholders in buildings under 18 metres have paid huge sums to get their blocks checked, with many forms stating remediation work would need to be done before banks would be willing to lend on those properties.

Throughout the past 18 months, a lack of qualified professionals and insurance issues have meant that many leaseholders have had to wait months just to get a check. A lack of regulation and oversight of who is carrying out these checks have lead to some buildings receiving multiple EWS1 forms, often with several different results.

Two weeks ago, housing secretary Robert Jenrick told parliament that lenders should no longer ask for EWS1 forms on blocks smaller than 18 metres.

The announcement came after he received expert advice on the risk of buildings in the UK, which suggested that low rates of dwelling fires, deaths and blazes that spread beyond the room of origin meant “lenders should not be acting as if there was a widespread and systemic issue”.

It marked a move away from the government’s highly controversial consolidated advice note (CAN) that was published in January last year which said buildings should be checked regardless of height and if dangerous cladding is found.

The majority of banks, as revealed by Inside Housing last week, have said that they will not change their EWS1 policies until the CAN is removed and the RICS changes its guidance. However, the RICS has suggested that this could still take months as any changes will first need to go through a consultative process and then be decided upon by an independent board to assess whether it is the public interest. It has also said that no changes can be made until the government updates its underlying fire safety guidance, which it does not yet have a clear date for.

The MHCLG said the CAN will be removed shortly.

It also pointed to the passing of the Fire Safety Act and new rules within this legislation that will ensure building owners and managers include reviews of external walls within their fire risk assessments.

It said: “If the risks are low, then unnecessary and costly remediation works should not be recommended.”

This will be supported by a new standard, PAS9980, which will ensure fire risk assessments are consistent, proportionate to risk and actions to manage risk are cost-effective.

However, some fire experts have warned that this could see the assessments becoming de facto EWS1 forms and that banks would be unwilling to lend if issues are found.

The expert advice published two weeks ago also suggested that adequate levels of safety can be achieved for residents by implementing cost-effective risk mitigation measures, such as smoke and fire detectors and alarms, adequate means of escape, sprinklers, and smoke control systems.

 

Story updated 4/08/2021 This story was added to to reflect that RICs also had to wait for the government to change its underlying fire safety guidance before any change to its current EWS guidance could be altered

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