Correct paperwork vital for flats with cladding
Concerns surrounding unsafe cladding on apartment buildings have blighted the market for the flats in affected developments but some demand still exists and this has been bolstered by the latest government guidelines.
However, Liz Webster, a solicitor and director at coveyancing specialists LCF Residential says buyers and sellers must check the building has the right paperwork in place.
LCF Residential, the conveyancing arm of LCF Law. has dealt with a wide range of property sales and purchases in developments with cladding throughout Leeds and beyond in recent years.
Following the devastating fire at Grenfell Tower, the external wall system or EWS process was introduced to confirm that adequate checks have been carried out on cladding, insulation and fire-break systems in residential buildings. Once a property has been checked, it is granted an EWS1 form.
Rather than being a safety certificate, the EWS1 is for valuers and mortgage lenders to determine whether remediation costs will affect the value of the property. The forms were initially required for apartment buildings above 18 metres in height, but the requirements were then extended to all buildings with cladding.
However, earlier this month the Government introduced new guidance to simplify the process. This means for buildings with seven storeys or more, only those that have cladding or vertically stacked balconies containing combustible material require an EWS1.
Buildings with five or six storeys require an EWS1 form if there is a significant amount of cladding. Buildings with certain types of combustible cladding also require the form.
In addition, the form is required for buildings where balconies stack vertically above each other and are made of combustible materials. Buildings that have four storeys or less do not require an EWS1 regardless of whether they have balconies and cladding, unless the cladding is made from aluminium composite material, metal composite material or high-pressure laminate (HPL).
The new guidance will be introduced on April 5 and should mean 500,000 fewer leaseholders need an EWS1 form.
Liz Webster says: “Cladding and balconies made from certain materials are a concern for mortgage lenders and the vast majority won’t lend money against a home that doesn’t have all the paperwork in place. However, although EWS1 forms are widely accepted by lenders, it is vital that Section B of the form, has been completed. Section A can be signed off by a RICS surveyor, but Section B must be completed by a fire safety expert.
“A common problem occurs when management companies have an EWS1 prepared only to find that both sections arevalidated a RICS surveyor, with no input from a fire safety expert. These are usually dismissed by lenders.”
She adds: “In most cases the development’s freeholder or management company is responsible for commissioning the EWS1. It is one of the first things mortgage lenders ask for and offers insight into how safe the apartment is.”
“Another key factor is whether a building with unsafe cladding can benefit from the Government Building Safety Fund. Solicitors can make these enquiries for clients and we’re already seeing successful claims being made, which will give peace of mind to residents, buyers and sellers.”