Are EWS1 Forms a Legal Requirement?

The question “are EWS1 forms a legal requirement” remains one of the most common issues raised by leaseholders, developers, managing agents, lenders, and buyers across England and Wales. Since the Grenfell Tower tragedy and the subsequent changes to building safety regulation, the EWS1 process has become a major factor in flat sales, mortgage lending, remediation programmes, and external wall fire risk management.

Despite the widespread use of EWS1 forms, many people still misunderstand what they are, when they are needed, and whether the law actually requires them.

The short answer is no. EWS1 forms are not a direct statutory legal requirement under legislation. However, in practice, lenders, valuers, insurers, and property transactions often treat them as essential.

That distinction matters. A building owner may not have a legal obligation under statute to obtain an EWS1 form, but they may still face serious commercial and operational consequences if they do not.

This guide explains:

What an EWS1 form is

Whether EWS1 forms are legally required

When lenders request them

How the Building Safety Act affects EWS1 requirements

The relationship between EWS1 and PAS 9980

When an EWS1 may not be needed

The risks of not having one

Common misconceptions

Frequently asked questions

What Is an EWS1 Form?

An EWS1 form is a standardised assessment document used to confirm that the external wall system of a residential building containing flats has been reviewed by a suitably qualified professional.

The form was created by UK Finance, the Building Societies Association, and the Royal Institution of Chartered Surveyors (RICS) following concerns about cladding and fire safety in residential buildings.

The purpose of the form is to assist valuers and mortgage lenders in understanding whether external wall materials present a fire risk that could affect lending decisions.

The official EWS1 form states that its objective is to allow a building owner to confirm that an external wall system or attachments such as balconies “has been assessed by a suitable expert for likelihood of proportionate remediation to address fire safety risk.”

The form also makes clear that it is:

Not a life safety certificate

Not confirmation that no other fire safety defects exist

Limited specifically to the external wall system

An EWS1 form normally results in one of five outcomes:

These ratings indicate whether combustible materials are present and whether remediation works are considered necessary.

Are EWS1 Forms a Legal Requirement?

No. There is no law in England or Wales that states all residential buildings must have an EWS1 form.

The Building Safety Act 2022 does not create a statutory obligation requiring every building owner to obtain one. Likewise, the Fire Safety Act 2021 and the Regulatory Reform (Fire Safety) Order 2005 do not mandate EWS1 certification.

An EWS1 form is therefore not a legal compliance certificate in the same way as:

A Fire Risk Assessment

An asbestos survey

A gas safety certificate

A fire alarm maintenance certificate

However, while EWS1 forms are not legally required by statute, they have become commercially required in many situations.

That distinction is critical.

In practice, mortgage lenders and valuers often require an EWS1 before they will:

Approve lending

Confirm property value

Refinance a flat

Allow a remortgage

Proceed with a purchase

This means that even though the law may not require an EWS1 form, the property market often does.

Why Were EWS1 Forms Introduced?

EWS1 forms emerged after widespread uncertainty in the mortgage market following the Grenfell Tower fire in 2017.

Lenders became concerned about:

ACM cladding

HPL cladding

Timber balconies

Missing cavity barriers

Combustible insulation

Inadequate fire stopping

Unknown external wall build-ups

Valuers struggled to determine whether flats in affected buildings represented an acceptable lending risk.

As a result, mortgage lending on many flats effectively stalled.

The EWS1 process was introduced to create a consistent assessment framework that lenders and valuers could rely upon.

The Difference Between Legal Requirements and Lending Requirements

Many leaseholders assume that if a lender requests an EWS1, the law must require it.

That is not correct.

Banks and lenders can impose their own risk management requirements beyond statutory minimum standards.

For example:

A lender may require a structural engineer’s report before lending on a property with movement

An insurer may require specialist surveys before providing cover

A buyer may insist on environmental searches before purchase

Similarly, lenders may require an EWS1 to manage fire safety risk exposure.

This means a building owner can technically comply with all legal duties yet still face pressure to obtain an EWS1 for commercial reasons.

Which Buildings Need an EWS1 Form?

Not all buildings require an EWS1.

The industry position has evolved significantly since the form was first introduced.

Originally, lenders frequently requested EWS1 forms for many mid-rise and high-rise buildings regardless of actual risk.

Over time, government guidance and lender criteria became more targeted.

Today, EWS1 requests usually focus on buildings where there is concern about:

Cladding systems

Combustible materials

Timber balconies

External wall attachments

Fire spread risk

Height Thresholds and EWS1 Requirements

Many people wrongly assume EWS1 forms only apply to buildings above 18 metres.

That is incorrect.

The EWS1 process can apply to buildings below 18 metres where external wall construction raises concerns.

The official EWS1 guidance specifically references different competency routes for buildings below and above 18 metres.

Buildings below 18 metres may still require EWS1 assessments if they contain:

Significant combustible cladding

Timber decking

Timber balconies

HPL panels

Complex façade systems

Conversely, many taller buildings no longer require EWS1 forms if they clearly fall outside risk criteria.

Government Guidance on EWS1 Forms

In recent years, government-backed guidance sought to reduce unnecessary EWS1 requests.

RICS guidance encouraged a more proportionate approach to valuation and external wall assessment.

This was intended to prevent low-risk buildings becoming trapped in the mortgage market unnecessarily.

Many buildings with:

Brick façades

Minimal combustible materials

Limited balconies

Low-rise construction

may no longer require EWS1 forms for lending purposes.

However, lender policies still vary.

Some banks remain more cautious than others.

Is an EWS1 Required by the Building Safety Act 2022?

No.

The Building Safety Act 2022 does not specifically mandate EWS1 forms.

The Act instead focuses on broader building safety obligations including:

Higher-risk building regulation

Accountable Person duties

Building Safety Cases

Resident engagement

Building registration

Ongoing safety management

The Building Safety Act concentrates on managing actual building risk rather than creating a mandatory EWS1 regime.

However, buildings affected by Building Safety Act obligations may still require EWS1 forms for refinancing, sales, or valuation purposes.

What Does the EWS1 Assessment Cover?

The EWS1 assessment focuses on the external wall system.

This can include:

Cladding panels

Insulation materials

Cavity barriers

Fire stopping

Balconies

Attachments

Spandrel panels

Render systems

The official EWS1 form confirms that the investigation should follow the principles of PAS 9980.

PAS 9980 provides guidance on fire risk appraisal of external wall construction.

The assessment process may involve:

Desktop review

Intrusive opening-up inspections

Material sampling

Fire risk analysis

Review of construction drawings

Inspection of cavity barriers

Who Can Sign an EWS1 Form?

Not every surveyor or fire consultant can sign an EWS1 form.

The official form includes competency requirements for signatories.

For higher-risk Option B assessments, the signatory generally requires specialist fire expertise.

The form identifies:

Chartered fire engineers

Incorporated Engineers

Members of recognised professional bodies

Professionals who completed the RICS EWS Assessment Training Programme for certain lower-rise buildings

The published RICS list of successful EWS assessment training completers identifies professionals who completed the programme.

The document also states that successful completers may be capable of completing Option A or Option B assessments below 18m, subject to competence and building complexity.

For higher-risk residential buildings above 18m, the guidance states that assessments are still expected to involve Chartered or Incorporated Engineers with relevant fire engineering competence.

Are Freeholders Legally Obliged to Obtain an EWS1?

Usually no.

There is generally no direct statutory obligation forcing a freeholder to commission an EWS1 form.

However, other legal duties may indirectly create pressure to investigate external wall safety, including obligations under:

The Regulatory Reform (Fire Safety) Order 2005

The Building Safety Act 2022

Landlord and tenant legislation

Health and safety obligations

A freeholder may also face commercial pressure from:

Leaseholders unable to sell

Mortgage lenders

Insurers

Managing agents

Residents

Developers

Government remediation funding requirements

What Happens if a Building Does Not Have an EWS1 Form?

The consequences vary significantly.

Some buildings experience little impact.

Others face major disruption.

Common consequences include:

Mortgage Refusals

Many lenders will not proceed without external wall clarification.

Flat Sales Collapsing

Buyers may withdraw where lenders refuse finance.

Reduced Property Values

Uncertainty over remediation liabilities can significantly affect value.

Insurance Difficulties

Buildings with uncertain external wall risks may face higher premiums.

Delays in Transactions

Obtaining surveys, intrusive investigations, and assessments can take months.

How Long Is an EWS1 Form Valid?

The current EWS1 form states that forms remain valid for five years from the date of signature.

However, the form also states that reassessment may be required if significant changes occur to the external wall system or attachments.

This means remediation works, façade alterations, or significant design changes could invalidate reliance on an earlier assessment.

Does Every Flat Need Its Own EWS1 Form?

No.

Typically, one EWS1 form applies to an entire block or building.

The form itself states “one form per block.”

This means leaseholders usually rely on a building-wide assessment commissioned by the building owner or managing agent.

Are EWS1 Forms Required for Buildings Without Cladding?

Not necessarily.

Buildings with traditional masonry construction and minimal combustible materials often do not require EWS1 forms.

However, lenders may still request one if concerns exist regarding:

Timber balconies

Render systems

Insulation

Unknown construction

Partial cladding elements

This remains one of the most frustrating aspects for leaseholders because lender policies are not always consistent.

The Role of PAS 9980

PAS 9980 has become central to modern external wall fire risk assessment.

The EWS1 form specifically references PAS 9980 guidance for investigations and fire risk assessment methodology.

PAS 9980 encourages proportionate assessment.

This means assessors should consider:

Actual fire spread risk

Occupancy profile

Building height

Means of escape

Fire service access

Existing mitigation measures

The aim is to avoid unnecessary remediation where risks remain acceptably low.

Why EWS1 Forms Remain Controversial

The EWS1 system has attracted criticism for several reasons.

Delays

There remains a shortage of suitably qualified professionals in some areas.

Cost

Intrusive investigations and fire engineering reviews can be expensive.

Mortgage Gridlock

Thousands of leaseholders experienced stalled transactions.

Inconsistent Lender Requirements

Different banks sometimes apply different standards.

Scope Confusion

Many leaseholders wrongly assume EWS1 forms certify the entire building as safe.

The official form explicitly states this is not the case.

Are EWS1 Forms Likely to Disappear?

The market has gradually shifted toward more proportionate risk assessment.

Government guidance and PAS 9980 have reduced some unnecessary EWS1 requests.

However, external wall fire safety remains a major concern for lenders and insurers.

For that reason, EWS1 forms are likely to remain part of the residential property market for the foreseeable future, particularly for:

High-rise buildings

Complex façades

Combustible materials

Buildings with known remediation issues

Key Takeaways

EWS1 forms are not a direct legal requirement under UK legislation.

Mortgage lenders and valuers often require them in practice.

The form relates specifically to external wall fire risk.

EWS1 is not a life safety certificate.

Buildings below 18 metres may still require EWS1 assessments.

PAS 9980 now underpins external wall fire risk assessment methodology.

Competency requirements for signatories are strict.

One EWS1 form usually applies to an entire block.

EWS1 forms normally remain valid for five years.

Commercial pressure often makes EWS1 forms effectively essential even though the law does not mandate them.

FAQs - Are EWS1 Forms a Legal Requirement

Are EWS1 forms a legal requirement in the UK?

No. EWS1 forms are not a statutory legal requirement under UK legislation. However, lenders and valuers frequently require them during mortgage and sales transactions.

Can you sell a flat without an EWS1 form?

Sometimes yes. It depends on the building, lender requirements, and external wall construction. Some buildings no longer require EWS1 forms for lending purposes.

Is an EWS1 form mandatory for buildings under 18m?

Not automatically. Buildings under 18m may still require EWS1 assessments if combustible materials or higher-risk features are present.

Who pays for an EWS1 assessment?

Usually the building owner, freeholder, or management company commissions the assessment, although costs can sometimes be recovered through service charges depending on lease terms.

How long does an EWS1 form last?

The current EWS1 form states that it remains valid for up to five years from the date of signature.

Does an EWS1 form mean a building is safe?

No. The form only addresses the external wall system and attachments. It is not a full fire safety certificate.

What is the difference between B1 and B2?

B1 means combustible materials may be present but remediation is not considered necessary. B2 means remedial works are considered necessary.

Can any surveyor sign an EWS1 form?

No. The signatory must meet specific competency requirements set out in the form guidance.

What happens if a building gets a B2 rating?

A B2 rating usually indicates that remedial works are required due to external wall fire risk concerns.

Is PAS 9980 legally mandatory?

PAS 9980 itself is guidance rather than legislation, but it is widely treated as the industry standard methodology for external wall fire risk appraisal.

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