Fire safety requirements

In this section we cover:

Why do we ask for more information before mortgage offer?
What happens next?

Our requirements for cases affected by fire safety issues
Our guidance

Fire safety assessment

The valuer will decline the property if it has:

cladding with external wall systems and any attachment (e.g. balconies)
non-cladding related fire safety concerns with external wall systems and any attachment (e.g. balconies)
or any other significant fire safety concerns in a multi-storey, multi-occupancy building.

Why do we ask for more information before mortgage offer?

It's important that you highlight and address with your client any fire safety issues with the property as soon as possible.

This means if we're able to give them a mortgage offer, they can be more confident these issues won't arise later in their mortgage journey. For example when they're close to completion.

What happens next?

Governments of each jurisdiction have introduced different legislation and requirements to address fire safety concerns.

We'll need some more information to decide if the property is suitable. Our requirements will depend on:

the location (jurisdiction) of the property, (i.e. England, Wales, Scotland or Northern Ireland)
the height of the building
whether the property's fire safety issues are going to be remediated and/or mitigated. Or, for example, whether they're being refuted by the Principal Accountable Person (the person responsible for repairing and reporting on common parts of the building).

Our requirements for cases affected by fire safety issues

We'll contact you if a valuer has declined a property due to fire safety concerns that need to be investigated. We'll know the jurisdiction and height of the building. However, you'll need to know whether the property's fire safety issues are going to be remediated and/or mitigated. For example, whether the building is being remediated under the Developer Pledge.

So we can review the property further, once you have identified the relevant remediation/mitigation route for the building, please use the guidance below, so you know what information to send us.

If a free legal fee product is selected and the valuer raises concerns about fire safety on a property, we can't proceed on a free legal fee basis. We'll contact you to let you know. A new product must be selected using solicitors from our panel.

Our guidance

England - All multi-storey/multi-occupancy buildings 11 metres or more (or 5 storeys or more) This will reveal additional content

The Building Safety Act [2022] sets out clear obligations and protections in relation to high-rise multi-occupancy residential buildings. Many will have to undergo the remediation process. The protections offered under the Building Safety Act [2022] only relates to those living in high-rise blocks, defined as being 11 metres or more (or 5 storeys or more). Buildings under 11 metres (or 4 storeys or less) will have different requirements.

Our requirements when dealing with English applications

Scenario	Mandatory additional information needed
Fire safety concerns raised by Valuer but refuted by the Principle Accountable Person or other third party	The Building Owner or Principle Accountable Person(s) to provide either: an EWS1 confirming A1/A2/B1 rating. a Fire Risk Assessment of External Walls (FRAEW) which confirms there is no work required. If you don't have either, you must provide us with: a signed letter from the responsible person (or equivalent) which details how they have deemed the building to be safe. Along with a copy of the current FRA (Fire Risk Assessment) or equivalent for review.
Developer Remediation	Signed and dated letter from the developer confirming: they're covering the required remediation work. details of any works and costs the Developer is not funding as part of the remediation. In these circumstances, the amount payable will be down to the individual Leaseholders. Signed and dated letter from the Freeholder/Landlord/Principle Accountable Person confirming: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. After assessing and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.
Remediation funded through the Cladding Safety Scheme	Signed and dated letter from the Freeholder/Principle Accountable Person providing/confirming: an application to the Cladding Safety Scheme that has been ‘eligible’. We'll accept a relevant letter direct from the Cladding Safety Scheme to show it's at this stage. (We won't accept where it's at application stage) details of any imposed capped charges for non-relevant defects. confirmation that: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. after planning, a summary of the remediation work (We would prefer start and end dates).
Freeholder/Landlord/Building Owner has confirmed they'll complete and fund the work at nil cost to Leaseholders	Signed and dated letter from the Freeholder/Principle Accountable Person providing/confirming: that the freeholder/landlord/ building owner will be funding the remediation costs in full. confirmation that: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. after assessing and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.
Leaseholders/Flat Owners or Leaseholder Owned Management Company are liable for costs of remediation	Signed and dated letter from the Freeholder/Principle Accountable Person confirming: confirmation that: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. the remediation scheme has been designed, costed and that all Leaseholders have agreed in principle to contribute. Or a Section 20 Notice (where applicable) has been served to cover remediation the cost that each Leaseholder will be liable for. This will need to cover: which Leaseholder will be making this payment (seller or buyer for a Purchase Application) and the method for making the payment (e.g. increase of service charge or bulk payments etc.) after assessing and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.
Landlord(s)/Freeholder(s) are liable for costs of remediation	Executed Leaseholder Deed of Certificate Fully completed Landlord Certificate confirmation that: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. Details of any Non-Cladding-Related costs, including financial impact on our Borrower Confirmation that the Landlord is aware and engaging in talks regarding their liability. We won't accept if there are similar disputes, or we're made aware that the Landlord is refusing to remediate in accordance with their obligations. This should be declined.
One (or more) Superior Landlord/s are liable for costs of remediation
No confirmed liability or route of remediation confirmed	Executed Leaseholder Deed of Certificate Fully completed Landlord Certificate confirmation that: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. Qualifying Leaseholder or Non-Qualifying Leaseholder (Landlord Not Responsible) In this scenario, we'll require the mandatory documents. Based on the legislation and protections offered, this will be ‘Accepted’ even if the application has or has not been made to the BSF. We'll require the Solicitor to refer to us the detail of any confirmed Capped Costs. (Post-Offer)

Wales - All multi-storey/multi-occupancy buildings 11 metres or more (or 5 storeys or more) This will reveal additional content

The Building Safety (Wales) Bill confirmed they will remediate all buildings that are 11 metres or more (or 5 storeys or more) under the Welsh Building Safety Fund or through the Developers Pledge. This will reduce the considerations needed for these blocks. Buildings under 11 metres (or 4 storeys or less) will have different requirements.

Our requirements when dealing with Welsh applications

Scenario	Additional information needed
Developer Remediation	Signed and dated letter from the developer confirming: they're covering the required remediation work. details of any works and costs the Developer is not funding as part of the remediation. In these circumstances, the amount payable will be down to the individual Leaseholders. Signed and dated letter from the Freeholder/Landlord/Principle Accountable Person confirming: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. after assessment and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.
Remediated under the Welsh Building Safety Fund	Signed and dated letter from the Freeholder/Principle Accountable Person confirming: the Welsh Building Safety Fund will fully fund the remediation work. details of any works and costs the Developer is not funding as part of the remediation. In these circumstances, the amount payable will be down to the individual Leaseholders. confirmation that: the building has been assessed there's no requirement for interim fire safety measures pre-remediation details provided of interim measures introduced. after assessment and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.
Fire safety concerns raised by valuer, but rejected by the Principle Accountable Person or other third party	We'll require one of the below An EWS1 confirming A1/A2/B1 rating from the Building Owner/Principle Accountable Persons. Fire Risk Assessment of External Walls report, which confirms no works are required, A signed letter from the responsible person (or equivalent) which details how they have deemed the building to be safe. This along with a copy of the current Fire Risk Assessment or equivalent for review.

Scenario

Additional information needed

Developer Remediation

Signed and dated letter from the developer confirming:

they're covering the required remediation work.
details of any works and costs the Developer is not funding as part of the remediation. In these circumstances, the amount payable will be down to the individual Leaseholders.

Signed and dated letter from the Freeholder/Landlord/Principle Accountable Person confirming:

the building has been assessed
there's no requirement for interim fire safety measures pre-remediation
details provided of interim measures introduced.

after assessment and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.

Remediated under the Welsh Building Safety Fund

Signed and dated letter from the Freeholder/Principle Accountable Person confirming:

the Welsh Building Safety Fund will fully fund the remediation work.
details of any works and costs the Developer is not funding as part of the remediation. In these circumstances, the amount payable will be down to the individual Leaseholders.
confirmation that:
- the building has been assessed
- there's no requirement for interim fire safety measures pre-remediation
- details provided of interim measures introduced.
after assessment and planning, a summary of the remedial work. Where work has not been assessed, the case may progress without further detail.

Fire safety concerns raised by valuer,
but rejected by the Principle Accountable Person or other third party

We'll require one of the below

An EWS1 confirming A1/A2/B1 rating from the Building Owner/Principle Accountable Persons.
Fire Risk Assessment of External Walls report, which confirms no works are required,
A signed letter from the responsible person (or equivalent) which details how they have deemed the building to be safe. This along with a copy of the current Fire Risk Assessment or equivalent for review.

Northern Ireland - 11 metres or more (or 5 storeys or more) This will reveal additional content

The Government has an agreement with the 'Department for Levelling Up Housing' and 'Communities (DLUHC)' for applications to be accepted to the Cladding Safety Scheme. England operates this scheme. They will only accept applications for buildings 11 metres or more (or 5 storeys or more). This means buildings under 11 metres (or 4 storeys or less) will have different requirements.

Please note: Neither the Building Safety Act [2022] or Developer Pledge apply in Northern Ireland.

Our requirements when dealing with Northern Ireland applications

The valuer will decline the property pending receipt of an EWS1 form (PDF, 200KB). Where a valuer has cladding or non-cladding fire safety concerns with external wall systems, attachments (e.g. Balconies), or any other significant fire safety concerns.

The form must be:

obtained from the building owner. The 'Client organisation' on the form must be the building owner. We won't accept it in the name of the applicant/client.
fully completed and accompanied by a headed paper letter from the signing firm which details
- their area of business
- qualifications
- confirmation that they've completed the form.

It's the duty of the building owner to ensure the signing firm is a member of an appropriate professional body. See the RICS website for more information.

The specialist will complete the form and select either 'low risk' or 'high risk' and will then choose a rating of either:

A1, A2 and B1 - we'll send the form to the valuer for assessment. If accepted, they'll provide an amended valuation report.
A3 or B2 - we'll assess the case and let you know our decision. We may request confirmation from the building owner about the remedial building work required. And who'll be liable for the cost of those works. For Scotland, we'll require confirmation from the building factors/managing agents acting for the co-proprietors.

For all application types where the building owner will cover the remedial costs, we'll require confirmation in writing from the building owner that:

you will compile the EWS1 requirements and render the building fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works.
the interim fire safety measures are satisfactory.
you will not pass on costs or hidden charges to the leaseholder (e.g. via service charges).
remediation will take place within a reasonable timescale (12 months).

Where remedial costs fall to individual leaseholders/flat owners

For remortgage and purchase, if the building owner's solicitors confirm in writing, we'll consider applications where the owner has paid for and planned/started remedial works. We'll decline any applications if remedial works have not yet been paid for or planned/started.

For further advances, we'll consider applications if the funds are being raised to carry out the required remedial works. We'll require further information from the building owner to make an assessment, including:

the compiled EWS1 requirements rendering the building fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works.
confirmation the interim fire safety measures are satisfactory.
a summary of the remedial works required and when the works will take place.
costs the leaseholder/flat owner is liable for and when the required funds are due to be paid to the freeholder.

Scotland - 11 metres or more (or 5 storeys or more) This will reveal additional content

The Government has introduced consultation with the Housing (Cladding Remediation) (Scotland) Bill. They have also suggested amendments to the Building (Scotland) Act [2003]. This will pave the way in how impacted properties will be assessed and remediated in Scotland. These have not yet made their way into formal legislation.

Our requirements when dealing with Scottish applications

The form must be:

obtained from the property owner. The 'Client organisation' on the form must be the building owner. We won't accept it in the name of the applicant/client.
fully completed
accompanied by a letter of provenance on headed paper, from the signing firm which details
- their area of business
- qualifications
- confirmation that they've completed the form.

It's the duty of the building owner to ensure the signing firm is a member of an appropriate professional body. See the RICS website for more information.

The specialist will complete the form and select either 'low risk' or 'high risk' and will then choose a rating of either:

A1, A2 and B1 - we'll send the form to the valuer for assessment. If accepted, they'll provide an amended valuation report.
A3 or B2 - we'll assess the case and let you know our decision. We may request confirmation from the building owner about the remedial building work required. And who will be liable for the cost of those works. For Scotland, we'll require confirmation from the building factors/managing agents acting for the co-proprietors.

For all application types where the building owner will cover the remedial costs, we'll require confirmation in writing from the building owner that:

you will compile the EWS1 requirements and render the building fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works.
the interim fire safety measures are satisfactory.
you will not pass on costs or hidden charges to the leaseholder (e.g. via service charges).
remediation will take place within a reasonable timescale (12 months).

Where remedial costs fall to individual leaseholders/flat owners

the compiled EWS1 requirements rendering the building fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works.
confirmation the interim fire safety measures are satisfactory.
a summary of the remedial works required and when the works will take place.
costs the leaseholder/flat owner is liable for and when the required funds are due to be paid to the freeholder.

UK - All Multi-storey/multi-occupancy buildings under 11 metres (or 4 storeys or less) This will reveal additional content

The valuer will decline the property pending receipt of an EWS1 form (PDF, 200KB) or a Fire Risk Assessment External Walls report. Where a valuer has cladding or non-cladding fire safety concerns with external wall systems, attachments (e.g. Balconies), or any other significant fire safety concerns.

The EWS1 form must be:

obtained from the building owner (property owner in Scotland). The 'Client organisation' on the form must be the building owner. We won't accept it in the name of the applicant/client.
fully completed and accompanied by a headed paper letter from the signing firm which details
- their area of business
- qualifications
- confirmation that they've completed the form.

It's the duty of the building owner to ensure the signing firm is a member of an appropriate professional body. See the RICS website for more information.

The specialist will complete the form and select either 'low risk' or 'high risk' and will then choose a rating of either:

A1, A2 and B1 - we'll send the form to the valuer for assessment. If accepted, they'll provide an amended valuation report.
A3 or B2 - we'll assess the case and let you know our decision. We may request confirmation from the building owner about the remedial building work required. And who'll be liable for the cost of those works. For Scotland, we'll require confirmation from the building factors/managing agents acting for the co-proprietors.

For all application types where the building owner will cover the remedial costs, we'll require confirmation in writing from the building owner that:

you will compile the EWS1 requirements and render the building fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works.
the interim fire safety measures are satisfactory.
you will not pass on costs or hidden charges to the leaseholder (e.g. via service charges).
remediation will take place within a reasonable timescale (12 months).

Where remedial costs fall to individual leaseholders/flat owners

the compiled EWS1 requirements rendering the building fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works.
confirmation the interim fire safety measures are satisfactory.
a summary of the remedial works required and when the works will take place.
costs the leaseholder/flat owner is liable for and when the required funds are due to be paid to the freeholder.