EWS1 forms and problems re-selling flats

Has anyone here run into issues selling flats because their building doesn’t hold an EWS1 form?

We own a property in a building which has no external cladding, and is under the height of 18m, so apparently doesn’t require by law an EWS1 form. As such, the company who built it resolutely state they will not be getting one.

However, other residents in the block trying to sell properties this year have been finding some lenders refusing to grant loans on the grounds that the building doesn’t have this form, regardless of the fact the law states it’s not required.

I wondered if anyone else has hit this roadblock, and how (if at all) they’ve overcome it?

They scrapped the minimum height in 2020. It applies to all heights now.

The form was originally designed following Government advice regarding external wall systems on buildings above 18m and was created to ensure residential buildings over 18m tall could be assessed for safety to allow lenders to offer mortgages. Changes in Government advice in January 2020, brought all residential buildings potentially within scope.

Further guidance was supposed to be published last month advising which buildings are exempt from this but nothing came into fruition. If it did, I can’t find it anywhere. But if your building has not have cladding you don’t need one. The lender’s surveyor should be able to determine this.

I found the new guidelines. I hope they are of some help.

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This is helpful, and underlines my fear which relates to stacked balconies – because that’s a feature of the building in question.

In which case, I wonder what the next steps are? Does the building company have to replace the balconies to make them saleable?

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It hurts my head just thinking about all this. I live in a 2 story brick building (2 flats) managed by Lewisham Homes, the costs we’ve been hit with to get the building up to fire safety standards have been outrageous. Most of them make sense but some of the work is more suited to a taller building.

I hope you get the answer you are looking for regarding the balconies.

Good luck x

I don’t understand how the leaseholders can be charged for failures/dodgy decisions (however retroactively these are viewed) by a building company.

I fear it’s going to be a long hot summer. Thanks for your help!