Change in safety rules to help leaseholders sell homes in blocks of flats

The government has changed safety rules to make it easier for leaseholders to sell their homes in blocks of flats that have cladding on the exterior walls.

Currently, there are regulations relating to the External Wall System (EWS) on these flats to make sure they meet safety standards. They require an EWS1 form to make sure they do not present a fire risk.

The need for these forms can make it difficult to sell a property because the cost of meeting the safety standard can be prohibitive.

To combat the problem, the government has decided that EWS1 forms should not be requested for buildings below 18 metres

The announcement by Housing Secretary Robert Jenrick follows advice from fire safety experts that the government commissioned to investigate risk in medium and lower-rise buildings, which makes clear that there is no systemic risk of fire in these blocks of flats.

The report recommends that residents are reassured as to safety, and a more proportionate approach is urgently instituted, requiring action by all market participants.

A group of major high street lenders has committed to review their practices following the new advice; HSBC UK, Barclays, Lloyds Banking Group and others have said that the expert report and government statement paves the way for EWS1 forms to no longer be required for buildings below 18 metres and will help further unlock the housing market.

The expert advice was commissioned by Mr Jenrick after witnessing what Dame Judith Hackitt, Chair of the Independent Review of Building Regulations and Fire Safety, has described as extreme risk aversion, which has left leaseholders across the country receiving costly bills for remediation that is not necessary.

It states that fire risks should be managed wherever possible through measures such as alarm systems or sprinklers, and that the overwhelming majority of medium and low- rise buildings (those under 18m) with cladding should not require expensive remediation.

The intervention is designed to reduce needless and costly remediation in lower rise buildings and is part of wider efforts to restore balance to the market, helping flat owners to buy, sell or re-mortgage homes.

The move has been backed by the National Fire Chiefs Council and the Institution of Fire Engineers.

Housing Secretary Robert Jenrick said: “While we are strengthening the overall regulatory system, leaseholders cannot remain stuck in homes they cannot sell because of excessive industry caution, nor should they feel that they are living in homes that are unsafe, when the evidence demonstrates otherwise.”

“We hope that this intervention will help restore balance to the market and provide reassurance for existing and aspiring homeowners alike.”

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