Selling a Flat Without an EWS1 Form: Your Options

The absence of an EWS1 form is one of the most stressful issues a flat seller can face. If your building does not have one and a mortgage lender is asking for it, your sale can grind to a halt through no fault of your own. But the situation is not as bleak as it may initially appear. The rules have changed significantly since the EWS1 form was first introduced, and there are more options available to sellers in 2026 than there were even two years ago.

This guide covers when an EWS1 form is not required, what to do when a lender asks for one, the alternative evidence that may satisfy lenders, and the practical routes to completing your sale.

When an EWS1 form is not required

The first question to answer is whether your building actually needs an EWS1 form at all. The requirements have narrowed considerably since the form was introduced, and many buildings that were caught up in the initial blanket requirements are now exempt.

Buildings below 11 metres

Following updated guidance from RICS in 2023 and reinforced government advice, buildings below 11 metres in height (typically under four storeys) should not require an EWS1 form. The government has been explicit that the blanket application of EWS1 requirements to low-rise buildings was disproportionate. Most mainstream lenders have aligned their policies with this position.

If you are selling a flat in a building below 11 metres and a buyer's lender requests an EWS1, your solicitor should challenge this by reference to the current RICS guidance. In many cases, the lender will accept the mortgage valuer's confirmation that the building falls below the 11-metre threshold and no external wall concerns are present.

Buildings between 11 and 18 metres without cladding

For buildings in the 11 to 18 metre range (roughly four to six storeys), an EWS1 form is generally only required where the mortgage valuer identifies visible cladding or external wall materials that give cause for concern. If the building is of traditional construction (brick, concrete, render) with no cladding or external insulation, many lenders will proceed without an EWS1 based on the valuer's assessment alone.

The key factor is what the mortgage valuer reports. If the valuer inspects the building and does not flag any external wall concerns, the lender is unlikely to request an EWS1. If the valuer notes the presence of cladding or is unable to determine the external wall construction, an EWS1 or alternative evidence may be needed.

Some buildings over 18 metres

Even for buildings over 18 metres, an EWS1 is not automatically required if the building has no cladding and is constructed entirely of non-combustible materials. However, lenders are most cautious about taller buildings, and most will require either an EWS1 or robust alternative evidence before approving a mortgage.

Current RICS and lender guidance (2026)

The landscape around EWS1 requirements has evolved considerably. Understanding the current guidance helps you and your solicitor navigate conversations with the buyer's lender:

• RICS guidance. RICS updated its guidance in 2023 to state that EWS1 forms should not be a routine requirement for buildings below 11 metres. For buildings between 11 and 18 metres, RICS guidance supports a proportionate approach based on the valuer's professional judgment. For buildings over 18 metres, RICS continues to support the use of EWS1 forms or equivalent assessments where cladding or combustible materials are present.
• UK Finance position. UK Finance, which represents most UK mortgage lenders, has endorsed the proportionate approach. Its guidance states that lenders should not require EWS1 forms for low-rise buildings and should consider alternative evidence where available for mid-rise buildings.
• Government position. The government has repeatedly stated that EWS1 forms should not be required for buildings below 11 metres and has encouraged lenders to take a risk-based approach. The Department for Levelling Up, Housing & Communities published guidance reinforcing this position.
• Individual lender variation. Despite the industry guidance, individual lenders retain the right to set their own policies. Some are more cautious than others. Your buyer's mortgage broker plays a crucial role in matching the buyer to a lender whose policy aligns with your building's situation.

What to do when a lender asks for an EWS1

If a buyer's mortgage lender requests an EWS1 form and your building does not have one, do not assume the sale is over. There are several practical steps to take:

1. Check whether the request is appropriate. If your building is below 11 metres, or between 11 and 18 metres without cladding, the request may not be consistent with current guidance. Your solicitor can write to the lender citing the RICS guidance and government position to challenge the requirement.
2. Ask the valuer to clarify. The request for an EWS1 usually originates from the mortgage valuer's report. If the valuer has flagged a concern, ask your solicitor to find out exactly what the concern is. Sometimes the valuer has made an error about the building's height or construction, and a correction can resolve the issue.
3. Offer alternative evidence. Provide any fire safety documentation your building has, including fire risk assessments, PAS 9980 assessments, or building safety case information. Some lenders will accept this as sufficient evidence.
4. Consider a different lender. If the buyer's current lender insists on an EWS1, their mortgage broker may be able to find an alternative lender with a more flexible policy. This is increasingly viable as more lenders adopt proportionate approaches.
5. Explore specialist lenders. Some specialist and smaller lenders specifically cater to properties affected by EWS1 issues. They may charge slightly higher rates or require larger deposits, but they provide a route to completing the sale.

Alternative evidence lenders may accept

The mortgage market has moved beyond a binary "EWS1 or nothing" position. Several forms of alternative evidence may satisfy lenders, depending on their individual policies:

PAS 9980 fire risk appraisal

PAS 9980 (published by BSI in January 2022) provides a comprehensive framework for assessing external wall fire risk. It is more detailed and proportionate than the original EWS1 process, taking into account the building's height, construction type, occupancy, and the specific fire engineering characteristics of the external wall system. A PAS 9980 assessment produces a detailed report rather than a single-page form, and several major lenders accept it as equivalent to or better than an EWS1.

Fire risk assessment with external wall review

A comprehensive fire risk assessment that specifically includes an appraisal of the external wall system may satisfy some lenders, particularly for buildings in the 11 to 18 metre range. A standard FRA under the Regulatory Reform (Fire Safety) Order 2005 typically covers only communal areas, so the assessment must explicitly address external walls to be useful for EWS1 purposes.

Building safety case

For higher-risk buildings (over 18 metres or at least seven storeys), the Building Safety Act 2022 requires the building owner to prepare a building safety case. This is a comprehensive document covering the building's design, construction, fire safety systems, and ongoing management. While it is not a direct replacement for an EWS1, the information it contains about external wall construction and fire safety may help satisfy lender requirements. As this regime matures, it may reduce the need for separate EWS1 assessments.

Structural engineer or fire consultant letter

In some cases, a letter from a qualified structural engineer or fire consultant confirming the building's external wall construction and fire safety position may be accepted by lenders. This is most likely to work for buildings where the concern is about whether cladding is present rather than about the safety of known cladding. A professional confirmation that the building has no cladding and is of traditional construction can often resolve a valuer's uncertainty.

Selling to cash buyers

If mainstream mortgage lenders will not proceed without an EWS1 and alternative evidence is not accepted, selling to a cash buyer is a realistic option. Cash buyers do not need mortgage approval, so the EWS1 requirement does not apply to them.

There are some important considerations:

• Price discount. Cash buyers purchasing properties with EWS1 issues will typically seek a discount. They are aware that they are buying a property with a restricted buyer pool, and they will factor in the risk that the EWS1 situation may not be resolved quickly. Discounts of 10 to 30 per cent compared with the full market value are common, though the exact figure depends on the building's specific circumstances.
• Investor buyers. Some property investors specifically target flats affected by cladding or EWS1 issues, purchasing at a discount with the expectation that values will recover once the building is assessed or remediated. These buyers are experienced and will negotiate hard, but they can provide a quick sale.
• Speed of sale. Without the need for a mortgage, cash sales can complete more quickly — typically in four to eight weeks rather than twelve to twenty. If you need to sell urgently, this can be a significant advantage.
• Future resale. Be aware that the buyer will face the same EWS1 challenges when they come to sell, unless the building obtains a satisfactory assessment in the meantime. This is one of the reasons they negotiate a discount.

If your buyer's mortgage is declined because of the EWS1 issue, pivoting to a cash buyer may be the most pragmatic next step.

Specialist lenders

The specialist lending market has grown significantly since the EWS1 form was introduced. Several lenders now offer mortgages on properties in buildings affected by cladding or fire safety issues, including buildings without an EWS1 form. These lenders typically:

• Assess each property on a case-by-case basis rather than applying blanket requirements
• Accept alternative evidence of fire safety such as PAS 9980 assessments, fire risk assessments, or building safety case information
• May require a higher deposit (typically 25 to 40 per cent rather than 10 to 15 per cent)
• May charge a slightly higher interest rate (typically 0.5 to 1.5 per cent above mainstream rates)

While these terms are less favourable than a standard high-street mortgage, they provide a route to selling your flat to a buyer who does not have the full purchase price in cash. Your buyer's mortgage broker is the key person here — they should be familiar with the specialist market and able to identify lenders whose criteria match your building.

Pressing your building to get assessed

If your building genuinely needs an EWS1 assessment but does not have one, you cannot commission it yourself as an individual leaseholder. The assessment must be arranged by the building owner — usually the freeholder or the residents' management company. Here is how to push the process forward:

1. Write formally to the responsible party. Send a letter (email and recorded delivery) to the freeholder or management company requesting that they commission an EWS1 assessment. Explain the impact on your ability to sell, cite the government's expectations, and request a response within a specified timeframe (14 to 21 days is reasonable).
2. Rally other leaseholders. A collective approach is far more effective than individual requests. Coordinate with your neighbours, particularly those who are also trying to sell or remortgage, and present a joint request. If there is a residents' association, raise the issue at a meeting.
3. Contact the Building Safety Regulator. For buildings over 18 metres in England that contain at least two residential units, the Building Safety Regulator (part of the Health and Safety Executive) oversees building safety compliance. If the building owner is failing to meet their obligations, the Regulator may be able to intervene.
4. Involve your local authority. Local authorities have powers under the Housing Act 2004 and the Building Safety Act 2022 to take enforcement action against building owners who fail to address fire safety deficiencies. Contact your local authority's building control or housing team.
5. Check government scheme eligibility. If your building has unsafe cladding and is over 11 metres, it may qualify for the Cladding Safety Scheme, which funds remediation works. The freeholder should be applying for funding, and you can check the scheme's progress through the Department for Levelling Up, Housing & Communities.

Government support options

Several government-backed schemes and protections are relevant to sellers in buildings affected by cladding issues:

• Building Safety Act 2022 leaseholder protections. Qualifying leaseholders in buildings over 11 metres are protected from the costs of remediating historical building safety defects, including unsafe cladding. A qualifying leaseholder is broadly one who owned the flat on or before 14 February 2022 and met certain ownership criteria.
• Cladding Safety Scheme. This government scheme funds the remediation of unsafe cladding on residential buildings over 11 metres where the original developer cannot be identified or will not pay. It succeeded the earlier Building Safety Fund.
• Developer Remediation Contract. Major housebuilders have signed a pledge committing to fund the remediation of life-critical fire safety defects in buildings they developed. If your building was constructed by a signatory developer, they should be funding the necessary works.
• Responsible Actors Scheme. Developers who refuse to remediate buildings they are responsible for risk being excluded from the Responsible Actors Scheme, which prevents them from carrying out major developments in England. This creates a commercial incentive for developers to cooperate.

These protections and schemes do not directly provide an EWS1 form, but they address the underlying fire safety issues that make an EWS1 necessary. Once remediation is complete and the building receives a satisfactory fire safety assessment, the EWS1 barrier to selling is removed.

Practical steps for sellers

Here is a practical framework for selling your flat when an EWS1 form is not available:

1. Establish whether an EWS1 is actually needed. Check your building's height and construction. If it is below 11 metres or has no cladding, you may not need one at all. Ask your managing agent or check the building's records.
2. Gather whatever fire safety evidence you can. Collect any fire risk assessments, PAS 9980 reports, building safety case documents, or letters from fire consultants that your building has. This information may satisfy some lenders.
3. Brief your estate agent. Make sure your estate agent understands the building's fire safety position and can explain it to potential buyers. Buyers who are informed from the start are less likely to be surprised during conveyancing.
4. Work with the buyer's broker. If a mainstream lender declines, the buyer's mortgage broker should explore alternative lenders. There are more options in 2026 than there were a few years ago.
5. Consider your buyer pool. If mortgage lending is likely to be problematic, marketing to cash buyers and investors from the outset can save time. Be realistic about pricing.
6. Push for the assessment. Even if you are selling now, pressing your freeholder to arrange an EWS1 or PAS 9980 assessment benefits you and every other leaseholder in the building. The sooner the building is assessed, the sooner the mortgage market opens up.
7. Take legal advice. An experienced leasehold conveyancer can help you navigate the EWS1 landscape, challenge inappropriate requests, and present alternative evidence effectively.

Sources

• RICS — EWS1 External Wall Fire Review form and updated guidance notes, rics.org
• UK Finance — Fire Safety in Purpose-Built Blocks of Flats, ukfinance.org.uk
• PAS 9980:2022 — Fire risk appraisal of external wall construction and cladding of existing blocks of flats, BSI (bsigroup.com)
• Building Safety Act 2022 — legislation.gov.uk
• Department for Levelling Up, Housing & Communities — Building Safety Programme and EWS1 guidance, gov.uk
• Building Safety Regulator — Registration and compliance for higher-risk buildings, hse.gov.uk
• The Cladding Safety Scheme — GOV.UK guidance for building owners and leaseholders
• LEASE (Leasehold Advisory Service / Leasehold Knowledge Partnership) — Fire safety guidance, lease-advice.org
• Regulatory Reform (Fire Safety) Order 2005 — legislation.gov.uk
• Housing Act 2004 — legislation.gov.uk
• Responsible Actors Scheme — GOV.UK guidance for developers, gov.uk
• Developer Remediation Contract — GOV.UK, gov.uk

Frequently asked questions