We welcome the Government’s announcement that leaseholders in buildings over 11m are to be protected from cladding remediation costs. This much-needed assurance came into force on 28 June 2022 following the passage of the Building Safety Act 2022 through Parliament.

We know many residents have questions about the Building Safety Act and its implications on leaseholders. The Act makes a distinction between cladding remediation works and non-cladding remediation works for which leaseholders can be charged.

Whilst One Housing cannot advise on individual leaseholders’ circumstances, qualifying leaseholders for the purpose of the Act will be protected from paying for the costs of cladding remediation works. If there are any historical non-cladding building safety defects that need addressing, qualifying leaseholders could be asked to contribute towards the remediation works at a capped rate.

We are pleased to confirm that to date no One Housing leaseholders have been charged for cladding works.

Please rest assured that as part of our commitment to shield leaseholders from the costs of any remedial works, we have made applications to the Building Safety fund to obtain the funds to carry out the remedial works for those buildings over 18m. We will notify residents once the application has been submitted in writing.

We will also make applications for buildings which are between 11 – 18m when the separate Building Safety Fund opens for applications.

We will be in regular communication with residents in those blocks to keep them updated.

Not every block will need a detailed and intrusive risk assessment. We have been reviewing all documentation relating to the construction of our buildings to help us decide on the order they should be surveyed. The programme prioritises buildings according to height and type of cladding as well as other safety factors.

Early last year the Government standardised how buildings should be prioritised with The Fire Risk Assessment Prioritisation Tool (FRAPT).FRAPT is an online tool created by the Home Office and the Protection, Policy and Reform Unit of the National Fire Chief’s Council. It is for use by Responsible Persons to help them to prioritise updating and reviewing their fire risk assessment for their building(s) as set out in the new Fire Safety Act 2021.

We will be in touch before carrying out a survey of the external wall make-up of the building.  Unfortunately, we are unable to provide a precise timetable due to the shortage of suitably qualified independent fire safety consultants to carry out the surveys and the huge demand for their services from the owners of thousands of buildings across the UK.

The first step of the survey is a desktop investigation where our Building Safety Team looks at all information we have available about the building, including building layout, plans, architects and construction drawings, statutory approvals and documents evidencing design and materials approved and used on the buildings.

The independent fire safety consultants will carry out complex and intrusive surveys that involve removing a panel from the building’s external wall system for close examination and, if required, thorough testing. They identify all materials used on the buildings external wall and whether they’ve been installed according to manufacturer recommendations.

In very few instances a BS8414 might be carried out. This a large-scale system test that mimics a fire breaking out of a window and exposing a cladding system to a severe fire. We will arrange for a BS8414 test to be carried out in an accredited test centre if required.

At the end of the investigation, an external wall system (EWS1) rating is given as well as a risk level (low, medium or high) in the case of a FRAEW report. Remediation is not required for A1, A2 or B1 ratings.

Our programme is dependent on the availability of qualified fire engineers and unfortunately there is an acute shortage of engineers qualified to undertake those assessments. On average, the whole investigation process takes around six to twelve months.

Once the specialists have completed the survey, they produce a report. This takes an average of four to five months. If a BS8414 fire safety test is needed, it may take longer.

When we receive the report, we will refer back to the original builders, designers and product manufacturers to fully understand the findings.

If remediation is needed, we use a dynamic risk matrix, developed by our independent advisors, to assess the risk of the building and decide the order of delivering our cladding remediation programme, addressing our riskier buildings first. So far we have delivered six remediation projects and are currently delivering another 16 projects.

For buildings that meet eligibility criteria, we apply for Government grants to fund the leaseholder element of remediation works. As part for this, we are required to take all reasonable steps to recover the costs of addressing the life safety fire risks associated with the cladding from those responsible through insurance claims, warranties, legal action.  You can find more information on the Government’s website, including a guide for leaseholders.

When we can, we undertake legal actions against the original contractor. There are numerous critical details that must be ascertained before a legal claim can be made against original parties responsible for defects, including:

• the nature and extent of alleged defects. This requires consideration of the design and as-built construction of the building and whether it met the Building Regulations applicable at the time of construction. The process involves carrying out intrusive inspections.

• the nature and extent of appropriate remedial works to address the defects which requires expert input on an appropriate remedial solution; and
• whether any other parties share responsibility for the defects.

This can take some time since liability has to be established and agreed between the parties from both sides. We have been in active negotiations with approximately 10 original contractors across 31 buildings since 2021. The sector has found that it has taken over 18 months before negotiations have been successful and remediation works have been able to commence on site. This will vary from case to case as it depends on the willingness of the original contractor to engage. If the negotiations fail, we then start formal proceedings which will take another few years.

In addition, remediation on site works is then taking on average 12 to 24months.

The safety of our residents remains our top priority and we have robust measures in place to ensure your safety. We carry out regular fire risk assessments to highlight any work that might be required, as well as routine visual checks of communal areas to ensure there are no fire hazards.

We also maintain your fire safety systems such as Automatic Opening Vent (AOV) smoke control systems, emergency lighting, dry and wet riser sprinkler systems, in line with regulations.

Every building has its own fire strategy which includes an evacuation plan (which can be to either evacuate or to stay put) in the event of a fire.

This is reviewed after every survey, and we will write to residents if any changes are necessary. Where changes are needed, and in consultation with the Fire Service, we may install a waking watch or a fire alarm system until the works are carried out.

It is important that you make us aware of any change in your ability to evacuate the building. You will find a poster in your communal area outlining support available in case of an emergency.

If you require support, please contact us, so that we can develop a personal emergency evacuation plan (PEEPS).

This is a plan for a person who may need assistance, for instance, a person with impaired mobility to evacuate a building or reach a place of safety.

Please contact us on 0300 123 9966 or email [email protected] so  we can discuss your needs.

Waking watches are people we employ to patrol a building around the clock to look out for smoke and fire. They will alert residents to any potential dangers with an alarm or by knocking on doors. Fitted in individual properties and communal areas, fire alarms detect heat and sound an alarm if the temperature rises above a certain level.

If a fire alarm system is later installed, the waking watch may be scaled back or removed in consultation with the Fire Brigade.

If your building has a waking watch and you or anyone in your household would need help to get out of the building in an emergency, please contact us on 0300 123 9966 or email [email protected]. We will ill prepare a PEEPS and the information will be shared with the Fire Service.

This is likely to apply to people with mobility issues, visual or hearing impairments, young children or the elderly.

All of the residential blocks we own or manage were fully compliant with existing building regulations at the time they were constructed.

Since the Grenfell tragedy, when it became clear that other buildings with cladding may pose a risk, the Government has issued guidance to ensure the safety of buildings and residents. In response, we’re carrying out in-depth investigations into the external walls of over 200 buildings and are on track to have completed these by the end of 2023.

We also carry out assessment of external walls as part of the FRAs on a regular basis and take forward any recommendations noted.

Yes. Celotex and Kingspan insulation were widely used in the construction of buildings across the UK.

We have remediated all our buildings with unsafe ACM cladding. Due to inadequate fire testing of the product in conjunction with other types of cladding, Celotex and Kingspan along with all combustible materials is now banned wall make-up of buildings of buildings above 11m.

In response to the Government’s post-Grenfell building safety guidance, we’ve been investigating the external wall systems of our buildings where Kingspan or Celotex wall insulation was identified after Grenfell. We have immediately removed and replaced these where our experts have advised..

In some cases, in line with expert advice, we have introduced additional safety measures until the remedial work is carried out. These include fire alarm systems and waking watch. We are not charging leaseholders for these interim fire safety measures.

Since the Grenfell Tower fire, surveyors have struggled to provide proper valuations of homes in high-rises with cladding due to uncertainty over building safety costs and issues.

Because of this, many lenders have been reluctant to agree loans on such homes unless they receive independent certification that the external wall systems are safe.

The Royal Institution of Chartered Surveyors (RICS) designed the EWS1 form in response to the advice notes issued by the Government on external wall systems to ensure that residential buildings over 18 metres tall could be assessed for safety and to give lenders and RICS valuers the information and confidence they needed to offer mortgages. The form came into use in December 2019.

Following changes in Government advice (the consolidation of all advice notes) in January 2020, buildings of all heights were potentially brought into scope.

However, not every building requires an EWS1 form. In April 2021, to clarify whether an EWS1 form is required or not, RICS issued new guidance which was formed in conjunction with the Government and various stakeholders. You can find out more about the EWS1 process, including answers to frequently asked questions, on the RICS website.

We are aware that some lenders continue to request EWS1 forms, and we share your frustration as this is affecting hundreds of thousands of leaseholders across the country.

In January 2023, six lenders have changed their lending rules, with some no longer requiring EWS1 forms. These are Barclays, HSBC, Lloyds Banking Group, Nationwide, NatWest and Santander. Each of the banks will require evidence that either:

• The developer will self-remediate (includes those that have signed up to the government’s building safety repairs pledge); or
• The building is covered by one of the recognised Government schemes (the Developer Remediation Contracts, the Medium Rise Scheme or the Building Safety Fund); or
• The leaseholder is protected under the Building Safety Act, which can be evidenced by a Deed of Certificate.

Please note that individual lender eligibility criteria and lending policies will still apply.

Leaseholder Deed of Certificate

• You can find out more about the Deed of Certificate, including details of how to complete it, on the government website. You can also download a Deed of Certificate template from the same page.
• Your solicitor should be able to provide further advice on the Deed of Certificate and how you can use it to demonstrate to potential lenders that you are protected under the Building Safety Act from historical remediation charges.

The lenders’ position on lending where an EWS1 form or equivalent assessment shows that remediation is not required (A1, A2 or B1 rating), remains the same, i.e. lenders will continue to lend.

We will, of course, continue to respond to individual queries and provide information to help with mortgage applications wherever we can. Please contact us at [email protected].

What can I do if a lender asks for an EWS1 form when it is not needed?

The Government announced in November 2020 that residents who live in buildings without cladding will no longer need an EWS1 form if they want to sell or re-mortgage their home. This could help up to 450,000 leaseholders who are currently waiting for an EWS1 form and are unable to move.

We are sorry to everyone who is facing a challenge with lenders that are asking for a EWS1 certification for buildings that are out of scope.

The Government announced in November 2020 that residents who live in buildings without cladding will no longer need an EWS1 form if they want to sell or re-mortgage their home. This could help up to 450,000 leaseholders who are currently waiting for an EWS1 form and are unable to move.

We are sorry to everyone who is facing a challenge with lenders that are asking for a EWS1 certification for buildings that are out of scope.

The external wall system is made up of the outside wall of a residential building. The external wall system comprises a range of elements for example cladding, the insulation between cladding panels and the walls, and fire-stopping measures. Each of these elements, and how they perform together, is reviewed as part of an external wall assessment.

In January 2022, the British Standard Institution introduced PAS9980, a new code of practice for appraising the fire risk of external wall construction and cladding on existing blocks of flats. This methodology sets out a method for competent professionals to conduct Fire Risk Appraisals of External Wall construction (FRAEW) for existing multi-storey, multi-occupied residential buildings.

Please note that a report prepared in accordance with the PAS9980 is not intended as an alternative to the EWS1 form, which is for valuation purposes only. However, it can provide evidence for a EWS1 form to be issued.

Lenders will only accept an EWS1 form that has been completed by a competent professional and organised by the building owner, freeholder or managing agent.

This means that external wall surveys can only be instructed by the building owner, freeholder or managing agent. Leaseholders do not have the legal right to carry out the survey or to instruct a surveyor to do it on their behalf.

As a social landlord, we put our residents first and we are committed to doing everything we can to obtain EWS1 forms as quickly as possible. However, this process is complex and time-consuming and involves in-depth investigations and intrusive surveys on the buildings.

It should take an average of eight to twelve weeks from the survey until we get the written report. However, due to the professional indemnity insurance and shortage of qualified fire engineers, this is taking substantially longer.

The Institution of Fire Engineers register currently list just over 100 registered fire engineers who can carry out the surveys.

On 21 November 2020, the Government announced that it would be funding the training of around 2,000 more fire engineers to carry out external wall assessments in order to help reduce the backlog.

It is investing nearly £700,000 in the training, which will be delivered by the Royal Institute of Chartered Surveyors (RICS) and should see additional assessors qualified for issuing EWS1 forms.

Unfortunately, these assessors are also having difficulty obtaining adequate Professional Indemnity Insurance.

We own or manage around 1,200 residential purpose-built blocks, out of which around 10% are buildings over 18 metres in height. Like other housing associations we need to prioritise surveys based on safety factors, including height and type of cladding used.

We run a cladding remediation programme to test and remediate the external wall systems – including cladding, insulation and fire-stopping – across our buildings. Our current remediation programme identified 170 high-risk buildings, which we are prioritising.

Although we may be your landlord, it doesn’t always mean that we own or manage the building you live in. Where that is the case, we are unable to carry out our own investigations into the external wall system. However, if we are not the freeholder of the building or have responsibility for its external walls, we work with the responsible landlord and managing agent to obtain the confirmation of compliance.

Following the remediation of six buildings across three sites, we currently have 15 cladding remediation projects underway with completions planned between Summer 2023 and early next year.

We are updating our webpage to make compliant EWS1 forms available online for leaseholders and residents to download.

lease contact our Leasehold and Tenancy Management Team via [email protected] to discuss the options available.

To be classed as a qualifying leaseholder, your property must be situated in a high-risk building (above 11 metres, or five storeys) which contains at least two dwellings, and on 14 February 2022.

• the property was your main home
• you owned no more than three UK residential properties in total

If you moved out and/or sub-let the property, you are still covered as a qualifying leaseholder if the other criteria above are met.

The leaseholder protections cover all work to fix a building safety risk, as defined in the Building Safety Act.

This means qualifying leaseholders will be protected from any defects relating to the construction or refurbishment of a building in the past 30 years that causes a risk to people’s safety from the spread of fire or the collapse of some or all of the building.

There is a distinction between remediation work to address defects and day-to-day services and repairs to keep your building safe. Your service charges will still include costs for day-to-day services and repairs.

The Building Safety Act makes it clear that the developer, building owner/s and landlord/s are liable to pay to pay for building safety repairs. This is often referred to as the ‘funding waterfall’ in relation to who is liable for costs, whereby developers, building owners and landlords should be the first port of calls if:

• they are either the developer, or they are linked to the development of a building with fire safety defects, or
• they have net worth of over £2 million per affected building.

Please note that the net worth condition doesn’t apply to Registered Providers.

Government advice states that non-qualifying leaseholders are protected from the costs of historical safety remediation if your building owner is – or is associated with – the developer who is responsible for that defect. Where this is not the case, you will be liable for remediation costs as per the terms of your lease – but the costs passed on to you cannot be increased to replace money that qualifying leaseholders are protected from paying.

Whenever we can, One Housing is pursuing original contractor as they are directly responsible for carrying out the defective work or providing a defective product, through our independent legal advisors.

Government wrote to developers on 30 January 2023 asking them to sign a contract committing them to remediate unsafe buildings which they developed.

The full list of developers that have signed the contract is available here.

Housing associations have not been asked to sign the pledge. Unlike house builders, housing associations do not typically build their own homes – they purchase them from house builders, or commission them from contractors. One Housing supports the National Housing Federation call for the government to ensure contractors are also required to sign up to the pledge, so that all those responsible for the building safety crisis are taking responsibility for fixing it.

The implementation of the Building Safety Act has resulted in a significant increase in the limitation period available for us to take action via this route from six years to 30 years for homes completed before 28 June 2022, or 15 years for homes completed after 28 June 2022.

We have sought legal advice on the Government’s contract and One Housing is not able to utilise the developer pledge to pursue some of the signatories as they have acted in a different capacity, that is as contractors rather than developers. This means that the developer pledge will not influence our timelines, however we will continue to seek to recover costs from those responsible for historical defects associated with the cladding by other means, including under the Defective Premises Act.

The Building Safety Act 2022 automatically transfers to any future buyers of the property. This means that all new owners of a property that was eligible for the protections on 14 February 2022 will be covered, even if they bought it after that date.

There is a distinction between putting right cladding or other fire-safety defects that are related to the construction or refurbishment of a building, and more general day-to-day services and repairs to keep your building safe. Therefore, this means your service charges will still include costs for day-to-day services and repairs (and can include maintaining fire safety measures such as fire alarms, fire doors etc.).

As of 9 January 2023, six high street banks have changed their lending requirements, with some no longer asking for EWS1 forms. Those are Barclays, HSBC, Lloyds Banking Group, Nationwide, NatWest and Santander. Each of the banks will require evidence that either:

• The developer will self-remediate; or
• The building is covered by one of the recognised Government schemes (the Developer Remediation Contracts, the Medium Rise Scheme, or the Building Safety Fund); or
• The leaseholder is protected under the Building Safety Act, which can be evidenced by a deed of certificate.

Please note that individual lender eligibility criteria and lending policies will still apply.

More about the Leaseholder Deed of Certificate

You can find out more about the Deed of Certificate, including details of how to complete it, on the government website. You can also download a Deed of Certificate template from the same page.

If you send us a copy of the Deed, we will keep it on file. Please note that, although there is no requirement for us to provide you with confirmation that we have received a Deed, we will do our best to do so.

Your solicitor should be able to provide further advice on the Deed of Certificate and how you can use it to demonstrate to potential lenders that you are protected under the Building Safety Act from historical remediation charges.

The Fire Safety Act 2021 brought into scope the requirement that the responsible person of a building of multiple occupancy requires a fire risk assessment of the external walls (FRAEW in accordance with PAS9980 guidance). The Fire Risk Assessment (FRA) will determine if your building needs a FRAEW. FRAs are required to be carried out by landlords to establish what they need to do to prevent fire and keep residents safe. The frequency of these depends on the risk factor for your building.

Government advice states that non-qualifying leaseholders are protected from the costs of historical safety remediation if your building owner is – or is associated with – the developer who is responsible for that defect. Where this is not the case, you will be liable for remediation costs as per the terms of your lease – but the costs passed on to you cannot be increased to replace money that qualifying leaseholders are protected from paying.

Whenever we can, One Housing is pursuing original contractor as they are directly responsible for carrying out the defective work or providing a defective product, through our independent legal advisors.

We will always seek external sources of funding to protect leaseholders such as Government grant funding and seek to recoup any remediation cost from the develop/contractor via legal negotiations.