Invalid EWS1 Forms : What Should You Do?
What should you do if you have an invalid EWS1 Form?
If your EWS1 form has been invalidated due to an incompetent or fraudulent signatory, it is crucial to take swift and appropriate action.
The External Wall System (EWS1) form plays a vital role in assessing the fire safety of external wall systems in high-rise residential buildings. Mortgage lenders use this document to evaluate whether a property meets safety standards or requires remediation work.
Complications arise when the EWS1 form is deemed invalid.
This can occur if the signatory is found to be unqualified, lacks proper professional indemnity insurance, or is suspected of fraudulent activity.
We set out the essential steps you should follow below :
Verify the Signatory’s Credentials
Start by ensuring the signatory meets the necessary qualifications as outlined by the Royal Institution of Chartered Surveyors (RICS).
According to RICS guidelines, a valid signatory must be one of the following :
• A Chartered Engineer - such as a member of the Institution of Fire Engineers or Institution of Structural Engineers.
• RICS Chartered Surveyor - with expertise demonstrated through completion of the RICS EWS Assessment Training Programme.
A valid signatory could also be a professional with substantial experience and qualifications in fire risk assessment or external wall system safety.
If the signatory does not meet these criteria, this invalidates the form and provides grounds for dispute.
Confirm Professional Indemnity Insurance (PII)
Qualified signatories must hold appropriate professional indemnity insurance (PII) to cover their work on EWS1 forms. PII protects against liabilities arising from errors or omissions.
Since 2020, RICS standard policy wording has excluded EWS1 work. Therefore, it is essential to verify that the signatory’s PII explicitly covers EWS1 assessments. Failure to provide this coverage compromises the form’s validity.
Notify the Managing Agent or Freeholder
Next, inform the building’s managing agent or freeholder about the issue of an invalid EWS1.
Typically, they are responsible for arranging the EWS1 assessment and should act promptly to address the problem.
When contacting them, provide clear evidence such as:
• Documentation of inadequate qualifications.
• Proof of missing or insufficient professional indemnity insurance.
Seek a Reassessment of Invalid EWS1
If the EWS1 form is invalid, a reassessment is mandatory.
The managing agent or freeholder must appoint a suitably qualified professional to re-evaluate the building’s external wall system and issue a new, valid EWS1 form.
Notify Relevant Stakeholders
Clear communication with stakeholders is critical to minimize disruption when identifying an invalid EWS.
The following stakeholders should be notified :
• Mortgage Lenders : Inform them about the invalid form and outline the steps being taken to resolve the issue.
• Residents : Keep residents updated about the reassessment process. Transparent communication helps alleviate concerns related to potential delays in property sales or mortgage applications.
Consult Legal Advice
If an invalid EWS1 form causes financial or legal complications, such as delays in property transactions or increased insurance premiums, seek legal advice.
A solicitor with expertise in property or construction law can guide you on pursuing compensation or resolving disputes.
Report the Incident
Report the incompetent or fraudulent signatory to their professional body or a relevant regulatory authority. This step can prevent similar issues in the future and may result in disciplinary action against the individual or firm involved.
Industry Concerns Regarding Invalid EWS1 Forms
The prevalence of incompetent or fraudulent EWS1 signatories has raised significant industry concerns.
For example:
• In May 2024, Clive Betts, Chair of the Levelling Up, Housing, and Communities Committee, highlighted issues with fake signatories in correspondence with RICS and the Fire Industry Association (FIA). The RICS disclosed the criminal conviction and expulsion of a regulated member, while the FIA verified only 1,500 of the 56,500 EWS1 forms potentially required.
• In August 2024, the Institution of Fire Engineers (IFE) suspended Adam Kiziak of Tri Fire for failing to maintain professional competence and for lacking adequate PII. The IFE said that Mr Kiziak “failed to maintain and work within professional competence”. It said he also failed to hold adequate professional indemnity (PI) insurance, or where exclusions in PI policy are work prohibitive, failed to make these known
These incidents underscore the critical need for signatories to hold explicit PII coverage for EWS1 forms, as general policies often exclude such work.
Many organisation and signatories issuing EWS1 forms will be unaware that unless their PI insurance explicitly specifies cover for EWS1 forms, they will not be covered.
Invalid EWS1 : Conclusion
Dealing with an invalid EWS1 form due to an incompetent or fraudulent signatory can be complex.
However, by taking prompt action, verifying qualifications, seeking reassessment, and involving key stakeholders, you can safeguard your property’s value and ensure compliance with fire safety standards.
Remember, professional advice and consistent communication are indispensable throughout the resolution process.
Invalid EWS1 Form : How we can help?
Our team of Chartered Surveyors are experienced in carrying out detailed inspections of buildings and issuing EWS1 Forms.
Since its inception we have carried out EWS1 surveys on hundreds of blocks and issued certificates for thousands of flats.
Our methodology and approach has been approved by our professional indemnity insurers, which makes us stand out from the crowd.
All our work includes a visit to the building by one of our qualified team for an initial visual assessment.
We do not undertake desktop assessments alone as this is in breach of the EWS1 process.
With offices in London, Birmingham , Manchester, Bristol, Norwich & Plymouth we provide EWS1 certificates and undertake surveys all around the UK.
To commission an EWS1 Survey please call our EWS1 Enquiry line on 020 4534 3130.
To book a call back from a member of the EWS1 Survey team, please fill in our Contact Us form.
For further help or advice please contact :
Tony Leishman
BSc (Hons) MRICS MCABE AIFireE
Senior Director
Fire Consultancy
Manchester
Alexa Cotterell
BSc MRICS
Senior Director
Building Surveying
Birmingham
Pete Scholefield
Director
QHSE Compliance & Fire
Manchester
Sean Robinson
BSc (Hons) MCIOB MIFSM
Associate Director, Head of Building Safety
Building Consultancy
London