EWS1 and Cladding report

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    EWS1 and Cladding report

    Dear LandlordZone

    we have four blocks in our estate all of which are 6 or less Storey (18meters high) in height.

    Our managing agent has quotes 18k in costs to prepare a cladding report.

    The Leaseholders are already suffering from loss of rent due to Covid19 crises and now they are unable to sell or remortgage because some lenders have insisted on a cladding report.

    Can you please advise if EWS1 form is necessary for buildings of 18M or lower? If not how can we convince the lender or conveyancing company?

    If there is any possibility of finding a cheaper quote to get a cladding report? Or any other alternative to reduce costs?

    Do we need a section 20B consultation if the cost has to be passed on to the leaseholders? Our understanding is that this requirement is a Bill and a legislation passed bu the government.

    who is responsible to pay for the report? Is it the DeVeloper, FREEHOLDER, leaseholders or MA?

    What happens if the building is not AMC Compliant?

    TIA

    #2
    I regret to advise that this is now applying to all units even those below what was stated the qualifying threshold.
    I have a flat in a Docklands development which is above the threshold but at an AGM Leaseholders were informed that this did indeed apply for all flats where they are even ground floor units within a four storey block.
    Developers seem to be dragging their feet and indeed the costs of obtaining the necessary certification will fall upon the Leaseholders but pressure has to be applied to developers/ freeholders to assist in meeting such costs.
    It is indeed an unfortunate state of affairs that such developments are blighted until it is shown that the buildings fully conform with the cladding Safety standards.
    You ask what will happen on a worse case scenario , the option is to hope that you can still rent out the unit without the certification or collectively whatever works are needed and the costs you will need to pitch in and get them done otherwise the properties will be permanently blighted.
    Grim news instead.

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      #3
      Thanks Loanarranger

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        #4
        According to this link below, the landlord can get a free safety check
        https://www.nidirect.gov.uk/articles...ladding-checks

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          #5
          Have to admit we are being mugged off big time.The developers and comrades who wrote the new FIRE SAFETY BILL 2020 seem to be taking a page from Winston Churchill. They are not letting a good crisis go to waste by adding more fuel to the already engulfed cladding/leasehold crisis and, laughing all the way to bank. From what I gather, the EWS1 (EXTERNAL WALL SURVEY) form will only last 5 years! This means, having to get a new EWS1 survey every time you remortgage.

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            #6
            If the EWS report does come out with the building material as non complaint , is there any possibility to funding the rectification work through block insurance claim? would they allow such a claim ? Something to think about. Ours is a 15 year old development so we are outside the 10 yr NHBC WARRANTY and the freeholder has washed his hands off because we went RTM a few years back.

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              #7
              One would think the building insurance would cover it. But, as it stands now, building insurers are apparently not accepting liability for the cladding fiasco. As a leaseholder you cannot even initiate a claim anyways, not even speak to the building insurers. Only the freeholder (or managing agent) of the building can so, if the freeholder doesn't want to claim anything, you are basically stuck as a leaseholder.

              Are you aware the government will fund cladding removal for both ACM and non-ACM buildings over 18 meters?
              https://www.gov.uk/guidance/remediat...-acm-buildings

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                #8
                Originally posted by TruthLedger View Post
                One would think the building insurance would cover it. But, as it stands now, building insurers are apparently not accepting liability for the cladding fiasco...
                *No-one* will accept liability for this. Local authorities (who enforce building regulations) turned a blind eye so their mates, the property developers, could make a quick buck. Developers will never say it's their fault even though they put flammable materials into the buildings in the first place.

                Are you aware the government will fund cladding removal for both ACM and non-ACM buildings over 18 meters?
                https://www.gov.uk/guidance/remediat...-acm-buildings
                The Housing, Communities and Local Government Select Committee yesterday gave little hope about the access to these funds. In addition, I know of a block in Bromley, Kent which is located next to Network Rail property. Network Rail are insisting on increasing insurance to *unlimited* for removal of ACM cladding to take place. The Government fund will not cover such costs.

                Leaseholders, yet again, at the bottom of the pile.

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                  #9
                  TruthLedger,

                  The RTM board ( acting LL)would not mind making a claim so will explore that avenue and thanks for sharing the weblink.

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                    #10
                    CladdingVictim,

                    The Housing, Communities and Local Government Select Committee yesterday gave little hope about the access to these funds. In addition, I know of a block in Bromley, Kent which is located next to Network Rail property. Network Rail are insisting on increasing insurance to *unlimited* for removal of ACM cladding to take place. The Government fund will not cover such costs.

                    Leaseholders, yet again, at the bottom of the pile.[/QUOTE]

                    That is shocking! Do you mean the government will not cover the removal of ACM cladding from leasehold buildings located next to Network Rail property? Have they given reasons as to why proximity to Network Rail property require increasing insurance?

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                      #11
                      Originally posted by TruthLedger View Post

                      That is shocking! Do you mean the government will not cover the removal of ACM cladding from leasehold buildings located next to Network Rail property? Have they given reasons as to why proximity to Network Rail property require increasing insurance?
                      No, the Government *will* cover the removal of ACM cladding from leasehold building adjacent to Network Rail property.. It's Network Rail who are insisting on unlimited liability insurance

                      I have raised this issue with our Housing Association as our block is also adjacent to Network Rail property.

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                        #12
                        That's odd. Has Network Rail provided their reasoning as to why they insist on unlimited liability insurance?

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                          #13
                          In the meantime some leaseholders have had their sale of property stopped because lenders aren’t lending.
                          Is there a list of lenders who dont insist on a EWS 1 to sell or remortgage?

                          Comment


                            #14
                            Originally posted by TruthLedger View Post
                            That's odd. Has Network Rail provided their reasoning as to why they insist on unlimited liability insurance?
                            No, I don't know the full details as it's a case I've heard of within the cladding scandal 'community'.

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                              #15
                              ziggy do you know what company quoted? I live in a 19m high recently converted office building with curtain walling and we have had one quote for £32000 !!!! We are pretty confident the insulation behind the concrete cladding is fine . This is so unfair and not mandatory as but passed by government. A lawyer told me that if the LL asks us to pay it is considered a Service Charge which I really this is incorrect.

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