What is the Building Safety Act and EWS1 form?
In response to the Grenfell Tower tragedy, the UK government introduced a range of new laws and safety requirements to protect residents in high-rise and high-risk residential buildings. Two key elements buyers should be aware of are the Building Safety Act 2022 and the EWS1 form (External Wall System certificate).
The Building Safety Act 2022
The Act introduced wide-ranging reforms to building safety regulations in England and Wales. Key features include:
- Applies to buildings over 11 metres or 5 storeys (reduced from 18m in earlier guidance).
- Introduces legal obligations for building owners to assess, manage, and report on building safety risks.
- Creates new protections for leaseholders from unfair cladding remediation costs.
- Establishes a Building Safety Regulator with enforcement powers.
- Requires a Golden Thread of Information — a comprehensive, digital record of the building’s design, construction, and safety management.
Under the Act, leaseholders are protected from certain historical building safety costs. However, this protection only applies if the building and leaseholder meet the strict legal conditions.
What is an EWS1 form?
An EWS1 (External Wall System) form is a fire safety assessment for the external walls and cladding of a building.
- It must be completed by a qualified fire engineer.
- It determines whether the external wall materials (such as cladding or insulation) pose a fire risk.
- It is used by mortgage lenders to assess whether the property is safe and mortgageable.
If the building receives a ‘B2’ rating, it means remedial work is required. A rating of ‘A1’, ‘A2’, or ‘B1’ means the building is considered safe or has acceptable mitigation measures.
Auction sale risks
In auction purchases:
- The EWS1 form may not be included in the legal pack.
- The seller may not disclose fire safety issues or confirm whether works are planned.
- The buyer may inherit the risk of future costs or resale difficulties.
- If the flat is in a building over 11 metres and there is no EWS1, you may:
- Struggle to get a mortgage, or be limited to specialist lenders.
- Be unable to resell the flat until fire safety status is confirmed.
- Face demands for service charge increases or cladding contributions if the property is not exempt under the Act.
Summary
The Building Safety Act and EWS1 form are now central to buying flats in high-rise buildings. If you’re purchasing at auction and no EWS1 form or fire safety details are included, you are accepting a potentially significant risk. Always consult a solicitor (such as our team at Versus Law) before bidding on such properties — we are experienced in reviewing building safety documentation and advising on risk exposure.










