RICS clarifies future for EWS1 forms

When RICS helped introduce the external wall system EWS1 form in December 2019 this was designed to last five years, giving time for any combustible systems to be remediated, renovated or adapted.

Delegates at May's RICS UK Building Surveying Conference asked about the continued validity and relevance of the documentation. Built Environment Journal therefore sought clarification from RICS' global building standards director Gary Strong FRICS and residential valuation lead Nigel Sellars FRICS.

Built Environment Journal (BEJ): Why did RICS and lenders develop the EWS1 form process?

Nigel Sellars (NS): The process was always intended to be a temporary measure as, after the Grenfell Tower fire, the potential presence of combustible cladding on high-rise residential blocks reduced lenders' appetite for risk. RICS was therefore asked in 2019 by the UK government to devise a process with lenders to get the market for sales and refinancing of such blocks moving again.

Developing the process with valuers, surveyors, lenders, lawyers and fire engineers, RICS – along with the Building Societies Association (BSA) and UK Finance – announced a new process using the forms for the valuation of high-rise buildings in December that year.

Since then, there have been many thousands of EWS1 assessments, supporting the market while at the same time identifying buildings that were dangerous and needing remediation, urgently in some cases.

BEJ: Does RICS plan any further changes to the EWS1 form or supporting guidance this year?

NS: No. The initial requirement for EWS1 was prompted by RICS' Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding, originally published in 2021. 

RICS will be publishing a second edition of the standard later this year to reflect the fact the market has moved on, particularly following legislation such as the Fire Safety Act 2021 and Building Safety Act 2022.

We are reviewing how well the standard has worked and taking on board feedback from industry, although we anticipate only minor changes, none of which will necessitate changes to the form itself.

BEJ: Who carries out EWS1 assessments, and what is their expertise?

Gary Strong (GS): From the outset, we were necessarily prescriptive about who could complete an EWS1, and the requirements for competence have not changed.

In 2021, RICS launched a training programme for building surveyors and fire engineers that covered the requirements for buildings up to 18m.

In 2022, the publication of PAS 9980 provided a consistent methodology for external wall assessments, and BSI is due to publish an updated version of this later this year. RICS expects all EWS1 forms to have been completed after the fire risk appraisal of external wall (FRAEW) assessment, according to PAS 9980 since publication in 2022.

BEJ: How much has the Tri Fire case adversely affected confidence in the EWS1 form process?

GS: The suspension and ultimate expulsion of Adam Kiziak of Tri Fire by the Institution of Fire Engineers (IFE) earlier this year rocked public confidence in that profession. RICS has worked with the IFE to better understand the issues, and ensure that as much information as possible has been made available.

While this case has been unfortunate – and has undoubtedly led to building owners or their managing agents seeking a review of Tri Fire forms or commissioning new ones – RICS remains of the view that subsequent improvements in risk controls will further mitigate issues such as this.

The fact that the UK government has accepted the recommendations of the Grenfell Tower Inquiry phase 2 report also means that national regulation of fire engineers and their competence – and possibly their firms – will be put in place, and RICS welcomes this development.

BEJ: Does the EWS1 assessment cover general fire safety measures?

GS: No: the EWS1 process is not a life safety certificate, and is only for lenders and their appointed valuers to determine whether a property requires remediation affecting value or not. A suitable and sufficient fire risk assessment (FRA) is still legally required, informed by the fire risk appraisal of external walls (FRAEW) where applicable.

BEJ: Why is an EWS1 assessment required every five years?

NS: RICS originally anticipated that five years was long enough for all combustible external wall systems to be remediated. The period was also originally intended to cover any renovation or adaptation of the building as well as maintenance.

An EWS1 assessment review was stated to be required every five years for each building or block. This may not entail a wholly fresh assessment, and most lenders – as a result of the updated lender pledge – will not request wholesale reassessments after the five-year expiry, and instead accept other forms of documentation.

This means that, subject to individual lender policy and risk appetite, where they do require an EWS1 form, the form can continue to be used in mortgage applications beyond their five-year life. Lenders may also consider alternative evidence about a building's remediation status and leases qualifying for statutory protection from cladding remediation costs. Multiple leaseholders in one block can use the same assessment and review to support the sale or refinancing of their property.

However, a new EWS1 assessment may be required within the five-year period if substantial works have been carried out on a building that affect the original conclusions.

With the Fire Safety Act 2021, the owners of all multi-storey, multi-occupancy residential buildings in England will be required to update FRAs, which includes, where appropriate, an FRAEW of the cladding system. Regular reviews and updated FRAs should of course be regularly carried out.

The 2021 Act clarifies that the external walls including balconies, doors and windows as well as flat entrance doors of multi-occupancy residential buildings – that is, those with two or more sets of domestic premises – should be considered and included in the fire risk assessment for the building required under the Regulatory Reform (Fire Safety) Order 2005.

This took effect on 16 May 2022, since when any FRA commissioned should include these elements.

BEJ: Will the number of EWS1 forms required decrease now that building owners must, under the 2021 Act, have an FRAEW to comply with PAS 9980?

GS: RICS anticipates that over time there will be no need for an EWS1 form, because there is now legislation in place in England and Wales requiring that the external walls and attachments be assessed when updating fire-risk assessments for residential blocks. It will take a while for lenders to use other forms of documentation in lieu of an EWS1 form, and all lenders vary in their processes which valuers must comply with.

BEJ: With EWS1 forms coming to the end of their originally intended five-year life, if building owners have not yet had a FRAEW that complies with PAS 9980 will they need to get one before the EWS1 lapses? If they do not obtain one, will they be unable to get a valuation?

NS: The EWS1 working group of lenders, valuers and fire engineers has been considering a potential process for renewal of lapsed forms. In April, UK Finance and the BSA issued a joint statement on cladding that referred to invalid signatories.

It is now a legislative requirement to consider the external walls, so unless the building is of traditional construction and a detailed assessment is not necessary, an FRAEW in accordance with PAS 9980 would now be expected.