Navigating the complexities of property ownership can be daunting, especially when acronyms like EWS1 enter the conversation. Understanding “Is It A Legal Requirement To Have An Ews1 Form” is crucial for both buyers and sellers of apartments in multi-story buildings. This article breaks down the EWS1 form, its purpose, and whether you’re legally obligated to have one.
Decoding the EWS1 Form and the Law
The question of “Is It A Legal Requirement To Have An EWS1 Form” isn’t always a straightforward yes or no. The EWS1 form, or External Wall System Fire Review form, was introduced in response to the Grenfell Tower fire to assess the fire safety of external wall systems on residential buildings. While there isn’t a specific law mandating every building to have one, the situation is more nuanced than that. The form primarily impacts mortgage lending and property valuation, effectively making it a de facto requirement in many situations for those seeking or remortgaging on properties in affected buildings.
Here’s a breakdown to help clarify:
- Mortgage Lenders: Most major mortgage lenders now require an EWS1 form before approving a mortgage on a flat in a building over a certain height (typically 18 meters, though this can vary). This is because lenders need assurance that the building’s external walls are safe and don’t pose an unacceptable fire risk.
- Valuation Purposes: Without an EWS1 form, valuers may struggle to accurately assess the property’s worth, potentially leading to a lower valuation or a refusal to lend.
- Selling Difficulties: If you’re selling a property in a building that requires an EWS1 form, you’ll likely find it difficult to find a buyer who can secure a mortgage without one.
The government and industry bodies such as RICS (Royal Institution of Chartered Surveyors) have issued guidance on when an EWS1 form is necessary. Initially, the focus was on buildings over 18 meters, but the scope has broadened to include shorter buildings in some cases, particularly those with potentially combustible cladding or other fire safety concerns.
| Building Height | Likelihood of EWS1 Requirement |
|---|---|
| Over 18 meters | High |
| Under 18 meters (with cladding concerns) | Medium to High |
| Under 18 meters (no cladding concerns) | Low |
While it’s not enshrined in legislation that every building must have an EWS1 form, the practical implications for property transactions make it essential in many instances. The absence of a form can significantly impact a property’s marketability and value.
For more detailed information and official guidance, consult the resources provided by reputable organizations in the property and surveying sectors. These sources offer in-depth insights into the EWS1 form process, legal considerations, and current best practices.