Is an EWS1 a Legal Requirement?

In short, no, an EWS1 form is not a legal requirement under UK fire safety law. No legislation, including the Fire Safety Act 2021 or the Building Safety Act 2022, makes it mandatory for a building to have an EWS1 form.

However, this distinction is a crucial one. While you won’t be prosecuted for not having an EWS1 form, the market reality is that it has become an essential document. Its absence can have severe consequences for anyone trying to sell, buy, or remortgage a flat.

The EWS1 (External Wall System Fire Review) form is a single-page document created by the Royal Institution of Chartered Surveyors (RICS) following the Grenfell Tower tragedy. Its purpose is to provide a consistent way for a qualified fire engineer or surveyor to summarise the findings of a Fire Risk Appraisal of External Walls (FRAEW).

The form gives a rating (A1-A3 or B1-B2) that informs mortgage lenders and valuers about the fire risk associated with a building’s external wall system, including its cladding, insulation, and balconies. Its primary function is to serve as a mortgage valuation tool, not a legal safety certificate.

When Do Lenders Ask for an EWS1?

The need for an EWS1 form is almost always driven by mortgage lenders. When a flat in a multi-storey building is being purchased with a mortgage, the lender will ask for the form as part of its valuation process.

Lenders will typically ask for an EWS1 in the following scenarios:

  • Buildings over 18 metres: For any building over this height (roughly six storeys), an EWS1 form is almost always required, particularly if it has any form of cladding.
  • Buildings 11-18 metres: The EWS1 is often required for buildings in this height bracket if there is a significant amount of cladding or other combustible materials on the façade, such as timber balconies.
  • Buildings with Specific Materials: Regardless of height, if the external walls are known to contain high-risk combustible materials like Aluminium Composite Material (ACM) or High-Pressure Laminate (HPL) panels, a lender will almost certainly request a form.

The EWS1 process is a way for lenders to manage their risk. Without the form, they may refuse to lend, bringing a property transaction to a halt.