Cladding and Fire Safety for London Homes and Flats 2025

THE MAIN CLADDING TYPES FOUND ON LONDON RESIDENTIAL BUILDINGS AND THEIR FIRE RISK STATUS: ACM (ALUMINIUM COMPOSITE MATERIAL) WITH PE (POLYETHYLENE) CORE — THE CLADDING TYPE USED ON GRENFELL TOWER; ACM CLADDING WITH A COMBUSTIBLE PE CORE WAS WIDELY USED ON LONDON SOCIAL HOUSING AND PRIVATE HIGH-RISE RESIDENTIAL BUILDINGS IN THE 1990S-2010S; ACM PE CORE CLADDING IS THE HIGHEST RISK CATEGORY AND WAS THE SUBJECT OF THE GOVERNMENT'S FIRST CLADDING REMOVAL PROGRAMME (ABOVE 18 METRES FOR BUILDINGS OVER 11 METRES IN THE EXPANDED SCOPE); AS OF 2025, THE MAJORITY OF ACM PE-CORE-CLAD BUILDINGS ABOVE 18 METRES IN LONDON HAVE HAD THEIR CLADDING REMOVED AND REPLACED UNDER GOVERNMENT AND DEVELOPER FUNDING, BUT SOME BUILDINGS BELOW 18 METRES WITH ACM CLADDING REMAIN OUTSTANDING; HPL (HIGH PRESSURE LAMINATE) — ANOTHER CATEGORY OF COMBUSTIBLE CLADDING FOUND ON LONDON RESIDENTIAL BUILDINGS; LESS WIDESPREAD THAN ACM BUT STILL A SIGNIFICANT AREA OF CONCERN; EPS (EXPANDED POLYSTYRENE) INSULATION USED BEHIND BRICK SLIP OR RENDER EXTERNAL WALL SYSTEMS — A COMBUSTIBLE INSULATION TYPE USED BEHIND MANY EXTERNAL WALL SYSTEMS (EWI — EXTERNAL WALL INSULATION SYSTEMS) APPLIED TO LONDON SOCIAL HOUSING ESTATES FROM THE 1990S-2010S; THE FIRE RISK OF EPS IN AN EWI SYSTEM DEPENDS ON THE OVERALL SYSTEM SPECIFICATION AND THE PRESENCE OF FIRE BARRIER DETAILS; COMBUSTIBLE CLADDING BELOW 11 METRES — FROM 2022, THE BUILDING SAFETY ACT'S SCOPE EXPANDED BEYOND THE 18-METRE ORIGINAL THRESHOLD; BUILDINGS BETWEEN 11 METRES AND 18 METRES WITH COMBUSTIBLE CLADDING MAY REQUIRE REMEDIATION DEPENDING ON THE RISK ASSESSMENT OF THEIR EXTERNAL WALL SYSTEM.

THE EWS1 (EXTERNAL WALL SYSTEM FIRE REVIEW) FORM WAS INTRODUCED IN DECEMBER 2019 BY UK FINANCE (THE BANKING TRADE BODY) IN RESPONSE TO MORTGAGE LENDERS REFUSING TO LEND ON FLATS IN BUILDINGS WITH POTENTIALLY COMBUSTIBLE EXTERNAL WALL SYSTEMS. KEY FACTS ABOUT EWS1 AND LONDON FLATS: WHAT IS EWS1 — A FORM COMPLETED BY A QUALIFIED PROFESSIONAL (A FIRE ENGINEER OR CHARTERED BUILDING SURVEYOR WITH COMPETENCY IN FIRE RISK ASSESSMENT OF EXTERNAL WALL SYSTEMS) THAT ASSESSES AND CATEGORISES THE FIRE RISK OF A RESIDENTIAL BUILDING'S EXTERNAL WALL SYSTEM; EWS1 RATINGS — THE FORM HAS TWO MAIN CATEGORIES: A1 — NO COMBUSTIBLE MATERIALS IN THE EXTERNAL WALL; NO FURTHER ACTION NEEDED; A2 — COMBUSTIBLE MATERIALS IN THE EXTERNAL WALL BUT RISK IS SUFFICIENTLY LOW (ADEQUATELY MITIGATED BY CAVITY BARRIERS, FIRE BARRIERS ETC.); B1 — COMBUSTIBLE MATERIALS IN EXTERNAL WALL; AN INTRUSIVE INSPECTION IS NEEDED AND A FIRE RISK APPRAISAL IS BEING PREPARED; B2 — COMBUSTIBLE MATERIALS IN EXTERNAL WALL; FIRE RISK APPRAISAL HAS BEEN COMPLETED AND REMEDIATION IS NEEDED; FOR LONDON FLAT BUYERS AND SELLERS — A B1 OR B2 RATING TYPICALLY PREVENTS MORTGAGE LENDERS FROM LENDING ON THE FLAT UNTIL REMEDIATION IS COMPLETED OR AN UPDATED EWS1 IS ISSUED; IN LONDON, A SIGNIFICANT NUMBER OF FLATS IN MID-RISE DEVELOPMENTS FROM THE 1990S-2010S HAVE B1 OR B2 RATINGS AND THEIR SALE AND REMORTGAGING IS AFFECTED UNTIL REMEDIATION; WHO PAYS FOR EWS1 — IN MANY LONDON DEVELOPMENTS, THE COST OF OBTAINING AN EWS1 FORM AND UNDERTAKING THE REQUIRED INTRUSIVE INVESTIGATION IS FALLING ON BUILDING OWNERS OR FREEHOLDERS; UNDER THE BUILDING SAFETY ACT 2022, LEASEHOLDERS IN LONDON ARE GIVEN PROTECTIONS AGAINST PAYING FOR CLADDING REMEDIATION IN CERTAIN CIRCUMSTANCES.

THE BUILDING SAFETY ACT 2022 (BSA 2022) INTRODUCED SIGNIFICANT PROTECTIONS FOR LEASEHOLDERS IN LONDON AND ACROSS ENGLAND. THE KEY LEASEHOLDER PROTECTIONS RELEVANT TO LONDON FLAT OWNERS: DEVELOPER RESPONSIBILITY — UNDER THE BSA 2022, DEVELOPERS (AND ASSOCIATED COMPANIES) WHO BUILT BUILDINGS WITHIN THE LAST 30 YEARS ARE REQUIRED TO PAY FOR REMEDIATION OF SAFETY DEFECTS, INCLUDING CLADDING REMEDIATION, RATHER THAN PASSING COSTS TO LEASEHOLDERS; MANY MAJOR DEVELOPERS ACTIVE IN LONDON SIGNED A DEVELOPER PLEDGE (2022) COMMITTING TO FUND REMEDIATION OF THEIR BUILDINGS; LEASEHOLDER REMEDIATION COST CAPS — WHERE A DEVELOPER IS NOT AVAILABLE TO PAY (E.G. THE ORIGINAL DEVELOPER IS INSOLVENT), THE BSA 2022 INTRODUCED LEASEHOLDER CONTRIBUTION CAPS FOR HISTORICAL SAFETY DEFECTS IN BUILDINGS ABOVE 11 METRES: LEASEHOLDERS WITH A PROPERTY WORTH MORE THAN £175,000 (THE LONDON CAP IS £325,000 — A SEPARATE HIGHER CAP APPLIES IN LONDON TO REFLECT LONDON PROPERTY VALUES) ARE CAPPED ON THEIR CONTRIBUTION TO REMEDIATION COSTS; BELOW THE CAP, LEASEHOLDERS PAY NO REMEDIATION COSTS AT ALL FOR CLADDING AND ASSOCIATED SAFETY DEFECTS; BUILDING SAFETY FUND — THE GOVERNMENT BUILDING SAFETY FUND (BSF) PROVIDES FUNDING FOR CLADDING REMEDIATION IN BUILDINGS ABOVE 11 METRES WHERE THE DEVELOPER IS NOT AVAILABLE; LONDON HAS A LARGE PROPORTION OF QUALIFYING BUILDINGS; LONDON-SPECIFIC ADMINISTRATION — THE MAYOR OF LONDON AND THE LONDON BOROUGHS HAVE ROLES IN MONITORING BUILDING SAFETY PROGRAMMES; THE LONDON BUILDING REGISTER REQUIRES BUILDINGS ABOVE 18 METRES (HIGHER-RISK BUILDINGS) TO BE REGISTERED WITH THE BUILDING SAFETY REGULATOR (BSR), A NEW BODY UNDER HSE.

THE BUILDING SAFETY ACT 2022 ESTABLISHED THE BUILDING SAFETY REGULATOR (BSR) AS A NEW REGIME FOR HIGHER-RISK BUILDINGS (HRBs). THIS AFFECTS MANY LONDON APARTMENT BUILDINGS. KEY BSR AND HRB REQUIREMENTS FOR LONDON: WHAT IS A HIGHER-RISK BUILDING — A BUILDING IN ENGLAND THAT IS: 18 METRES OR MORE IN HEIGHT (OR 7 OR MORE STOREYS), WHICHEVER IS LOWER; AND CONTAINS AT LEAST 2 RESIDENTIAL UNITS; THERE ARE THOUSANDS OF HIGHER-RISK BUILDINGS IN LONDON; REGISTRATION — ALL HRBS IN LONDON MUST BE REGISTERED WITH THE BSR; THE REGISTRATION DEADLINE WAS 1 OCTOBER 2023; UNREGISTERED HRBS CANNOT LEGALLY BE OCCUPIED; PRINCIPAL ACCOUNTABLE PERSON (PAP) — THE OWNER OF THE BUILDING (THE FREEHOLDER OR MANAGEMENT COMPANY) IS THE PRINCIPAL ACCOUNTABLE PERSON AND IS RESPONSIBLE FOR BUILDING SAFETY COMPLIANCE, MAINTAINING A BUILDING SAFETY CASE, REGISTERING WITH THE BSR AND ENGAGING WITH RESIDENTS ON BUILDING SAFETY MATTERS; GOLDEN THREAD — HRBS MUST MAINTAIN A 'GOLDEN THREAD' OF BUILDING SAFETY INFORMATION — DIGITAL RECORDS OF THE BUILDING'S DESIGN, CONSTRUCTION AND ONGOING MAINTENANCE RELEVANT TO BUILDING SAFETY; SAFETY CASE REPORT — HRBS MUST PRODUCE AND MAINTAIN A BUILDING SAFETY CASE REPORT DEMONSTRATING HOW THE RISKS OF FIRE AND STRUCTURAL FAILURE ARE BEING MANAGED; RESIDENTS' PANEL — RESIDENTS OF HRBS HAVE RIGHTS TO PARTICIPATE IN BUILDING SAFETY DECISIONS THROUGH A RESIDENTS' SAFETY PANEL.

PRACTICAL ACTIONS FOR LONDON FLAT BUYERS AND CURRENT LEASEHOLDERS IN 2025 REGARDING CLADDING AND BUILDING FIRE SAFETY: FOR LONDON FLAT BUYERS — ALWAYS ASK YOUR CONVEYANCER TO OBTAIN: THE EWS1 FORM STATUS FOR THE BUILDING (IS ONE IN PLACE? WHAT IS THE RATING?); CONFIRMATION OF WHETHER THE BUILDING IS ABOVE 11 METRES AND REGISTERED AS AN HRB WITH BSR; THE SERVICE CHARGE HISTORY FOR THE LAST 3 YEARS (LOOK FOR LARGE UNEXPECTED CHARGES RELATED TO FIRE SAFETY WORKS); ANY DEVELOPER REMEDIATION PLAN IN PLACE; FOR CURRENT LONDON FLAT OWNERS — ENGAGE WITH YOUR BUILDING MANAGEMENT COMPANY (OR PRINCIPAL ACCOUNTABLE PERSON) TO UNDERSTAND: THE STATUS OF ANY CLADDING REMEDIATION PROGRAMME; WHETHER YOUR BUILDING HAS AN EWS1 FORM AND ITS RATING; YOUR RIGHTS UNDER THE BUILDING SAFETY ACT 2022 (IF YOUR PROPERTY IS UNDER THE LONDON PROPERTY VALUE CAP OF £325,000, YOU MAY HAVE NO LIABILITY FOR REMEDIATION COSTS); FIRE SAFETY MEASURES THAT MAY AFFECT YOUR PROPERTY — E.G. INTERIM FIRE SAFETY MEASURES (WAKING WATCH, FIRE ALARM UPGRADES) THAT ARE CHARGED VIA SERVICE CHARGE WHILE CLADDING REMEDIATION IS COMPLETED; INTERIM FIRE SAFETY MEASURES — WHERE CLADDING REMEDIATION IS PENDING IN LONDON, BUILDINGS MAY HAVE INTERIM FIRE SAFETY MEASURES IN PLACE (E.G. WAKING WATCH AT £10,000-£50,000+ PER MONTH FOR LARGE BUILDINGS, COMMON FIRE ALARM SYSTEM, EVACUATION POLICY CHANGE FROM STAY-PUT TO SIMULTANEOUS EVACUATION); THESE COSTS ARE FUNDED THROUGH SERVICE CHARGES AND CAN BE SIGNIFICANT.