The Building Safety Act 2022 Explained — Cladding, EWS1 Forms, and Your Rights as a Flat Owner

What the Building Safety Act 2022 Does

The Building Safety Act 2022 is the legislative response to the Grenfell Tower fire of June 2017. It creates a new regulatory framework for building safety, with particular focus on high-rise residential buildings, and introduces important protections for leaseholders affected by historical cladding and fire safety defects.

Higher-Risk Buildings

The Act defines ‘higher-risk buildings’ as residential buildings in England that are at least 18 metres tall or have at least 7 storeys and contain at least 2 residential units. These buildings are subject to the strictest new requirements:

• Registration with the new Building Safety Regulator (BSR), hosted by the Health and Safety Executive
• A named ‘Principal Accountable Person’ legally responsible for safety
• A ‘golden thread’ of building information — a digital record of the building’s safety case, maintained and updated throughout its life
• Mandatory Building Safety Case registration

Buildings between 11 and 18 metres are subject to less onerous but still significant requirements.

The EWS1 Form

The EWS1 (External Wall Survey/System) form was developed by UK Finance and the Royal Institution of Chartered Surveyors (RICS) to provide mortgage lenders with a standardised assessment of the fire safety of a building’s external wall. It was introduced following the Grenfell fire, when many lenders required evidence that a building’s external wall was safe before lending.

EWS1 forms are completed by a qualified fire engineer or assessor and carry one of two ratings:

• **A ratings (A1, A2):** No combustible materials present, or combustible materials present but not requiring remediation. Mortgage lenders generally accept these ratings.
• **B ratings (B1, B2):** Combustible materials present. B1 indicates remediation is not required (or a risk assessment confirms it is safe). B2 indicates remediation is required before the building is mortgageable on standard terms.

A B2 rating means that, in practice, the flat cannot be sold on a mainstream residential mortgage until the cladding has been remediated.

Who Pays for Cladding Remediation?

The Building Safety Act 2022 introduced critical leaseholder protections on remediation costs:

**Buildings 18m+ (7 storeys+):** The original developer (if identifiable and still in business) is legally obligated to pay. If the developer cannot be found or has ceased trading, the government’s Building Safety Fund covers remediation of unsafe cladding.

**Buildings 11–18m:** The Cladding Safety Scheme (CSS) provides government funding for eligible buildings. Developers who signed the Developer Pledge are obligated to fund remediation of their own buildings.

**Leaseholder protections:** The Act includes a ‘leaseholder protection’ framework. Qualifying leaseholders (those who own a leasehold flat as their main home, or own no more than three properties in total) are protected from being charged for historical building safety defects through their service charge if the building is 11m+ and the landlord or developer is responsible. Non-cladding safety defects are capped at £15,000 (or £50,000 in London) for qualifying leaseholders.

Developer Pledges

In 2022, the government secured pledges from major housebuilders to remediate all buildings they developed that have unsafe cladding, regardless of height. Over 50 developers signed the pledge. Leaseholders in buildings built by pledge signatories have a route to remediation without personal cost.

Selling a Flat with Cladding Issues

If you own a flat in a building with an outstanding EWS1 assessment or a B2 rating:

• You may be unable to sell to a buyer using a mainstream mortgage
• You must disclose known building safety issues in the TA6 property information form
• Cash buyers and some specialist lenders may still be able to purchase, but at a reduced price reflecting the risk

The position is evolving as remediation programmes progress. Many buildings that were B2 rated have since been remediated and re-assessed as A-rated or B1, restoring mortgageability.

Advice for Buyers of Flats in Multi-Storey Buildings

Before exchanging contracts on a flat in a building of 5 or more storeys:

1. Ask whether an EWS1 assessment has been carried out and what the rating is

2. Ask about any current or planned building safety works and how they are funded

3. Review the service charge history for any building safety-related costs

4. Ask your lender whether they have any specific requirements for the building

5. Check the Building Safety Register at registrations.buildingsafety.gov.uk for registered higher-risk buildings

Property Passport UK records EPC data, title information, and key property documents. For flat owners, maintaining a clear record of building safety communications, EWS1 status, and service charge accounts is essential both for managing ongoing compliance and for facilitating a future sale.