Following the Grenfell Tower fire in 2017, the government introduced significant changes to fire safety law for multi-occupied residential buildings. The Fire Safety Act 2021 clarified that fire risk assessments must include the external walls, cladding, balconies, and windows - areas where previous legal ambiguity had allowed risks to go unassessed.

If you are responsible for a multi-occupied residential building, you must now assess external wall fire safety as part of your fire risk assessment. For taller buildings, you may also need an External Wall Survey (EWS1) and must record and share information about external wall construction with the Fire and Rescue Authority and residents.

This guide explains what the Fire Safety Act 2021 requires, when you need an EWS1 survey, how to understand EWS1 ratings, and what to do if your building needs remediation work.

What the Fire Safety Act 2021 requires

The Fire Safety Act 2021 amended the Regulatory Reform (Fire Safety) Order 2005 to clarify that fire risk assessments in multi-occupied residential buildings must include the building structure, external walls, and flat entrance doors. This applies to all multi-occupied residential buildings, regardless of height.

What 'external walls' includes

The Fire Safety Act 2021 defines external walls broadly. Your fire risk assessment must cover:

Cladding systems - all types, not just aluminium composite material (ACM). This includes rainscreen cladding, render systems, and decorative facades
External wall insulation - including expanded polystyrene (EPS), phenolic foam, and mineral wool insulation
Balconies - construction materials, decking surfaces, balustrades, and how balconies connect to the main structure
Windows - window frames, glazing, and the cavity barriers around window openings
External doors - including entrance doors at ground level
Anything attached to the external wall - signage, solar panels, air conditioning units, satellite dishes, and external pipework

Who must comply

The responsible person for the building must ensure external walls are included in the fire risk assessment. In multi-occupied residential buildings, this is typically:

The freeholder or building owner (responsible for structure and common parts)
A management company (if they control the common parts under the lease)
A managing agent (if given sufficient control by the freeholder)
A Resident Management Company (RMC) (if they own the freehold or control the building)
Housing associations and local authorities (for their housing stock)

There can be multiple responsible persons in the same building. Each is responsible for the areas under their control, and all must cooperate and coordinate on fire safety matters.

When you need an EWS1 survey

The EWS1 (External Wall Survey) form is a standardised assessment developed by RICS, UK Finance, and other industry bodies following the Grenfell Tower fire. It provides a consistent way to evaluate external wall fire safety in multi-occupied residential buildings.

An EWS1 is not a legal requirement under fire safety law - the Fire Safety Act 2021 does not mandate EWS1 specifically. However, EWS1 surveys have become essential for practical reasons: mortgage lenders require them before lending on flats in affected buildings, and they provide valuable information for your fire risk assessment.

Height-based requirements in practice

The need for EWS1 depends on building height and the external wall materials present:

Buildings over 18 metres (approximately 6+ storeys)

If your building is 18 metres or taller and has any form of cladding system, you will almost certainly need an EWS1 survey. Mortgage lenders routinely require EWS1 certificates for flats in buildings over 18 metres, and you need comprehensive external wall information for your Fire Safety Act 2021 compliance.

Buildings 11-18 metres (approximately 5-6 storeys)

For buildings between 11 and 18 metres, lender requirements vary. An EWS1 may be required if:

The building has ACM (aluminium composite material) cladding of any type
There are significant combustible materials in the external wall system
The mortgage lender or valuer identifies potential concerns
Your fire risk assessment identifies external wall risks requiring specialist investigation

Buildings under 11 metres (approximately 4 storeys or fewer)

For buildings under 11 metres, EWS1 is generally not required for mortgage purposes. However, you still need to assess external wall fire safety as part of your general fire risk assessment under the Fire Safety Act 2021. Consider an EWS1 if:

Your building has ACM cladding with a polyethylene core (the most dangerous type)
Your fire risk assessment identifies significant concerns about external wall materials
There is visual evidence of unsafe cladding or insulation
Leaseholders are having difficulty selling or remortgaging

Traditional brick or stone buildings

Buildings with traditional brick, stone, or concrete facades (without cladding systems or external wall insulation) generally do not require EWS1 surveys. However, check whether any modifications have been made - rendering, overcladding, or external insulation fitted later may create risks.

Understanding EWS1 ratings

The EWS1 form provides a rating that summarises the fire engineer's assessment. Understanding what each rating means is crucial for knowing what action you need to take.

Option A ratings - no remediation required

Option A ratings mean the external wall system presents acceptable fire risk without remediation work:

A1 - No combustible materials present in the external wall system. The walls pose no fire risk from a materials perspective.
A2 - Combustible materials are present but in limited quantities and locations (for example, small areas of timber on balconies). Risk is acceptably low.
A3 - Combustible materials are present, but adequate fire risk mitigation measures are in place (such as fire breaks, sprinklers, or compartmentation). Risk is managed acceptably.

With any A rating, mortgage lending can typically proceed normally. You do not need remediation work, though you should continue to maintain fire safety measures and review your fire risk assessment regularly.

Option B ratings - remediation required

Option B ratings indicate that combustible materials are present and remediation work is needed:

B1 - Fire safety remediation is required to the external wall system. The work is needed but life safety is not immediately at critical risk. Some mortgage lending may still be possible with specialist lenders.
B2 - Extensive fire safety remediation is required. There is significant fire risk that requires urgent attention. Mortgage lending is very unlikely until remediation is completed.

What ratings mean for leaseholders

EWS1 ratings have significant practical implications for leaseholders:

A1, A2, A3 - Sales and remortgages can typically proceed. Lenders should accept these ratings as demonstrating acceptable external wall fire safety.
B1 - Sales may be difficult. Some lenders will still lend if remediation plans are in place and funded. Valuation may be reduced to reflect remediation costs.
B2 - Sales are very difficult. Most mainstream lenders will not lend until remediation is complete. Properties may be effectively unsellable until work is done.

Finding a qualified fire engineer

EWS1 assessments must be completed by professionals with appropriate qualifications and demonstrated competence in fire safety engineering. The form requires sign-off by a qualified individual - not all surveyors or engineers can complete EWS1 forms.

Who can sign EWS1 forms

EWS1 forms can be signed by suitably qualified members of:

Institution of Fire Engineers (IFE) - members with Chartered Engineer (CEng) or Incorporated Engineer (IEng) status
Institution of Structural Engineers (IStructE) - members with relevant fire safety experience and demonstrated competence
Chartered Association of Building Engineers (CABE) - members who can demonstrate fire safety competence through CPD and experience
RICS (Royal Institution of Chartered Surveyors) - registered valuers with specific fire safety competence and relevant building knowledge

Important: Professional membership alone is not sufficient. The individual must also demonstrate specific competence in external wall fire safety assessment. Ask potential assessors about their experience with EWS1 surveys and buildings similar to yours.

Finding an assessor

Due to demand following Grenfell, there is a shortage of qualified fire safety professionals. Finding an available assessor may take time. Try:

The Institution of Fire Engineers member directory
BAFE-registered companies (though BAFE SP205 certification is for general fire risk assessment, not specifically EWS1)
Specialist fire engineering consultancies
Recommendations from your managing agent or professional body

Be wary of individuals or companies offering unusually quick or cheap EWS1 assessments. Ensure whoever you appoint has the necessary qualifications and can provide evidence of their competence in this specific area.

External wall information requirements for high-rise buildings

If your building is 18 metres or higher (or has 7 or more storeys), you have additional duties under Regulation 5 of the Fire Safety (England) Regulations 2022 to record and share information about external wall construction.

What you must record

Under Regulation 5, you must compile and maintain information about:

Materials used in external walls - including cladding panels, insulation, filler materials, fixings, and any fire barriers
External wall system design - how the wall is constructed, including ventilation cavities and rainscreen details
Fire safety features - cavity barriers, fire stopping, intumescent materials, and other protection measures
Any changes since original construction - renovations, repairs, over-cladding, or remediation work

Sharing information

You must provide this information to:

Fire and Rescue Authority - on request, as soon as reasonably practicable. This assists with operational planning and enforcement.
Residents - in buildings 18 metres or more, residents can request information about external wall construction. Provide it in a form they can reasonably understand.

How EWS1 relates to Regulation 5

An EWS1 survey and a Regulation 5 record serve different purposes:

EWS1 is a voluntary industry process focused on fire risk rating for mortgage and insurance purposes. It provides a risk assessment (A1/A2/A3/B1/B2).
Regulation 5 is a statutory fire safety requirement focused on recording construction details. It requires comprehensive information about what materials are present, regardless of risk rating.

Data from your EWS1 survey can help compile your Regulation 5 records, but an EWS1 does not automatically satisfy Regulation 5 requirements. You need a comprehensive record of construction information, not just a risk rating.

If remediation is required

If your EWS1 assessment results in a B1 or B2 rating, or if your fire risk assessment identifies external wall defects that need addressing, you must take action. The responsible person has a legal duty to address fire safety defects identified through assessment.

Immediate steps

When you receive a B1 or B2 rating:

Review interim measures - your fire engineer should advise on any immediate interim measures needed, such as waking watches, enhanced alarm systems, or advice to residents about fire safety procedures
Commission detailed remediation design - get a qualified fire engineer to specify exactly what work is needed
Notify residents and leaseholders - be transparent about the findings and your plans. Under building safety law, residents have rights to information
Inform your insurer - building insurance may be affected; disclose the EWS1 findings
Explore funding options - understand who is liable for costs and what funding is available

Funding options

Several funding mechanisms may be available depending on your building and circumstances:

Developer contributions - under the Building Safety Act 2022, developers who built or renovated buildings with defective cladding may be liable for remediation costs. The Building Safety Levy and developer remediation contracts are bringing funds into the system.
Building Safety Fund - government fund for removal of unsafe cladding from buildings 18 metres and over. Applications closed but some buildings are still receiving funding.
Cladding Safety Scheme - government funding for buildings 11-18 metres where a responsible developer cannot be identified. Applications may be open depending on timing.
Leaseholder protections - the Building Safety Act 2022 provides significant protections for qualifying leaseholders, limiting or eliminating their liability for historical building safety defects depending on circumstances.
Building insurance claims - in some cases, latent defects insurance or building warranty policies may cover remediation costs.

Leaseholder protections

The Building Safety Act 2022 introduced significant protections for leaseholders. Many leaseholders will not have to pay for remediation of historical building safety defects:

Qualifying leaseholders in buildings 11 metres or over are protected from paying for cladding remediation and have caps on other building safety defect costs
Non-qualifying leaseholders (generally those with multiple properties or high-value properties) have some but not full protection
Costs fall first on developers, building owners, and landlords before leaseholders

The detail of leaseholder protections is complex and depends on individual circumstances. If you are a leaseholder facing remediation costs, seek advice or check the government's leaseholder protections guidance.

Impact on property sales and mortgages

External wall fire safety issues have had significant impact on the property market for affected flats. Understanding the practical implications helps both building managers and leaseholders navigate the situation.

Selling or remortgaging a flat

If you are a leaseholder trying to sell or remortgage:

Check if your building has an EWS1 - ask your managing agent or freeholder. If a valid EWS1 exists (valid for 5 years), request a copy
A1, A2, A3 ratings - most lenders will accept these ratings and proceed with lending
B1 rating - lending may be restricted but is not impossible. Some specialist lenders will lend if there is a funded remediation plan
B2 rating or no EWS1 - lending very difficult until situation resolved. Cash buyers or specialist investors may still be interested but at reduced prices

If no EWS1 exists

If your building does not have an EWS1 and one is needed:

Request that the freeholder or managing agent commissions one - this is normally their responsibility for building-wide assessments
Costs may be recoverable through service charges - check your lease
Individual leaseholders can commission EWS1 if the freeholder refuses, but this is usually more expensive than a building-wide assessment
Some lenders will wait for EWS1 to be completed before making final lending decision

Action plan for external wall assessment

Review your fire risk assessment scope

Check that your current fire risk assessment explicitly covers external walls, including cladding, insulation, balconies, and windows. If your assessment predates May 2022 (when Fire Safety Act 2021 came into force in England), it likely needs updating.
Determine whether EWS1 is needed

Consider building height, external wall materials, and whether leaseholders are having mortgage or sale difficulties. For buildings over 18m with any cladding, EWS1 is almost certainly needed. For 11-18m buildings, assess based on materials present.
Commission EWS1 if required

Engage a suitably qualified fire engineer from IFE, IStructE, CABE, or RICS with demonstrated competence in external wall fire safety assessment. Allow 4-12 weeks for completion (longer if intrusive investigation needed).
Review and act on EWS1 findings

If you receive an A rating, file the certificate and make it available to leaseholders, conveyancers, and valuers. If you receive a B rating, take immediate advice on interim measures and begin planning remediation.
Compile Regulation 5 information (18m+ buildings)

For high-rise buildings, compile comprehensive external wall construction information. Draw on EWS1 survey data, original building records, and professional surveys where records are incomplete.
Explore funding for remediation if needed

If remediation is required, investigate funding options: developer liability, Cladding Safety Scheme, Building Safety Fund (if still available), and leaseholder protection provisions under the Building Safety Act 2022.
Communicate with residents and leaseholders

Be transparent about EWS1 results, external wall information, and remediation plans. Residents in high-rise buildings have statutory rights to request this information.
Update fire risk assessment and records

Incorporate EWS1 findings into your fire risk assessment. Keep records of all external wall assessments, remediation work, and any changes to the external wall system.

Penalties for non-compliance

Failure to include external walls in your fire risk assessment, or failure to record and share external wall information for high-rise buildings, is a breach of fire safety law. Fire and rescue authorities have enforcement powers and can prosecute responsible persons who fail to comply.

Since the Grenfell Tower fire, enforcement activity has intensified significantly. Fire and rescue authorities are conducting more inspections of multi-occupied residential buildings and are more likely to take formal enforcement action where external wall fire safety has not been properly assessed.

Fines for fire safety failures have ranged from tens of thousands to hundreds of thousands of pounds. Directors and officers can be personally prosecuted if the offence was committed with their consent, connivance, or attributable to their neglect.

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