Warning to Leaseholders and Landlords - check your fire safety risk assessments

Following the Grenfell tragedy and the subsequent introduction of the Building Safety Act 2022, there is a greater awareness around the fire safety risk of buildings (especially high-rise buildings). 

Guidance and regulation since 2022

The approach towards assessing the external wall system of buildings is now guided by PAS 9980, which was introduced in 2022. PAS 9980 provide guidance for fire engineers assessing the fire safety of external wall systems, the risk ratings of the systems, and how the level of risk should be identified / managed. 

EWS1 certificates were also introduced in 2022, which are certificates issued by fire engineers to assist valuers and mortgage companies when determining whether or not to lend on properties. EWS1 certificates are not a legal requirement. 

The consequences and beyond

It has been widely reported in the press that a fire engineer who completed a number of Fire Risk Assessments of External Walls ("FRAEWs") and EWS1 forms has been expelled from the Institution of Fire Engineers, for failing to work within professional competence and breaching their obligations to act with accuracy and vigour. This has called into question the validity of the FRAEWs and EWS1 certificates that were completed by this individual (and the associated organisation, Tri Fire), which has in turn resulted in mortgage lenders reverting to the earlier “£nil valuation” and refusal to lend approach on affected properties. 

The result of this news means that there are numerous FRAEWs and EWS1 certificates issued that potentially cannot be relied upon, purchasers and sellers of properties in apartment blocks may have difficulty in obtaining mortgages / mortgagor approval for sales to go through, and many FRAEWs / EWS1 certificates will have to be re-completed. It is no secret that fire engineers are in high demand at present, owing to the number of properties around the country that require assessing. Therefore, we are expecting there to be lengthy delays in properties being re-assessed. 

What action can be taken?

The RICS is now recommending that consumers with concerns over their EWS1 certificates should contact the Institution of Fire Engineers and, where appropriate, appoint an independent fire engineer. Building owners, landlords, and social housing providers are also being impacted by this news and should take action to re-appraise FRAEWs and EWS1 certificates completed by Tri Fire.