The External Wall System (EWS1) form is a critical document to assess the fire safety of a building's external walls, especially in high-rise residential structures. Mortgage lenders rely on these forms to determine whether a property meets safety standards or requires remediation.
Tri Fire is a firm specialising in fire engineering surveys, including EWS1 assessments. Recently, the Institution of Fire Engineers (IFE) suspended Tri Fire’s assessor Adam Kiziak for failing to maintain professional competence and lacking adequate professional indemnity insurance.
Implications for property transactions
EWS1 forms signed by unqualified or unregistered individuals are considered invalidand complicate property transactions.
Agents dealing with properties assessed by Tri Fire should consider the following steps:
- Notify Relevant Parties: Inform the building’s managing agent or freeholder about the invalid EWS1 form. They are typically responsible for arranging assessments and should act promptly to address the issue.
- Seek a Reassessment: Arrange for a new assessment by a qualified professional to obtain a valid EWS1 form. This step is crucial to ensure compliance with fire safety standards and to facilitate property transactions.
- Communicate with Stakeholders: Keep mortgage lenders and residents informed about the situation and the steps being taken to resolve it. Transparent communication helps maintain trust and mitigate concerns related to potential delays in property sales or mortgage applications.
- Consult Legal Advice: If the invalid EWS1 form leads to financial or legal complications, such as delays in property transactions or increased insurance premiums. A solicitor with expertise in property or construction law can guide in pursuing compensation or resolving disputes.
- Report the Incident: Report the incompetent or fraudulent signatory to their professional body or a relevant regulatory authority to prevent similar issues, and to hold the individual or firm accountable.
How to avoid similar issues
Agents and property owners can check that the individual who has signed the EWS1 form meets the necessary standards.
A valid signatory must be a Chartered Engineer, a RICS Chartered Surveyor with relevant expertise, or a professional with substantial experience in fire risk assessment or external wall system safety. They should also hold appropriate Professional Indemnity Insurance covering EWS1 assessments.
The situation with Tri Fire underscores the importance of due diligence in verifying the qualifications and insurance coverage of professionals conducting EWS1 assessments. By taking prompt and appropriate action, property professionals can safeguard their client's interests and ensure compliance with fire safety standards.
Resources for members
To help sales and letting agents navigate the complexities of regulations released under the Building Safety Act 2022, Propertymark has created a series of fact sheets to understand the rules and how they impact home buyers and sellers, and landlords and tenants.
Building Safety Act guidance on managing high-rise safety
To help sales and letting agents navigate the complexities of new regulations released under the Building Safety Act 2022, Propertymark has created a series of fact sheets to understand the rules and how they impact home buyers and sellers, and landlords and tenants.
Propertymark collaborates with Welsh Government on in-depth guide to building safety
A product of our ongoing and successful partnership, the extensive fact sheet helps property agents in Wales understand new rules and how they impact freeholders, leaseholders, renters, home buyers and sellers. Whilst a number of provisions under the Building Safety Act 2022 apply to Wales, the Welsh Government is establishing its own Building Safety Regime that reflects its plans to ensure the safety of residents in Wales.
