Estate agent pushing us to proceed without EWS1

[stroopwafelgirl]

Hi. First time poster looking for some help/guidance.

I’m in the process of buying first home with partner. It’s a leasehold flat in a listed building. There is a small bit of cladding around the penthouse, which is nowhere near our flat but obviously we want to know the building is as safe as can be. We have already seen a report from which confirms the cladding is very low risk so not a major worry. Our solicitors have asked for the EWS1 but sellers’ solicitors say there are long delays getting hold of an inspector and then you need to wait for them to produce the certificate. This isn’t ideal as we would ideally like to complete as soon as possible (offer made back in February).
Estate agent has now contacted us to ask whether we are willing to proceed without the EWS1. Am I wrong in thinking this is really inappropriate? I know the estate agent is acting for the seller so isn’t obliged to look after our best interests, but this feels really pushy and I’m not happy. It’s not our fault that the sellers solicitors haven’t been proactive in sorting the outstanding issues.
Has anyone been in a similar situation and if so, what did you do? General opinions would also be appreciated!

How high is the building in stories?

It’s a weird building so different parts have different number of storeys. But I think the max is 8

If the estate agent has only asked if you are willing to proceed without the certificate, that’s not inappropriate.

You can say no.

It depends on whether u need a mortgage. Most mortgages require an ESW1. If ur a cash buyer then it doesn't matter as much and then depends on ur own risk appetite but be aware that if u buy it without remedial works done then ur liable to pay for remedial works in future. If u have factored the cost of these remedial works into ur offer then u should be fine. Also, buildings under 18m (or something like that, check online) don't require an esw1 form.

I sold a maisonette that had wood panels on the outside, the hell we went through to get an EWS1 form for our buyer has put me off buying ever again.

Do not proceed without an EWS1 form and I'd seriously consider pulling out of the sale because you will be in your sellers position one day trying to get one of these magical forms.

Not inappropriate at all got them to ask. Part of their job is to move the purchase forward. Go with what your solicitor/mortgage company say.

You are taking on a risk without one. A buy-to-let landlord paying cash might take that risk. As an FTB with a mortgage - no way would I do this. I doubt if you will get a mortgage without one and you might find the flat unsellable in the future.

I personally wouldn't. If you need to sell as circumstances changed etc..... you will have the headache of getting the form! Give that headache to your sellers.

Ok thanks for confirming - I felt like the EAs were trying to push boundaries that shouldn’t be pushed but if it’s normal then I don’t really mind. I did say no though.

Anyone know if it’s actually hard to get hold of someone to do an inspection and produce the EWS1 at the moment? That’s what sellers solicitors are blaming the hold-up on.

If the mortgage and insurance providers were ok with it, I would proceed myself.

@stroopwafelgirl

Ok thanks for confirming - I felt like the EAs were trying to push boundaries that shouldn’t be pushed but if it’s normal then I don’t really mind. I did say no though. Anyone know if it’s actually hard to get hold of someone to do an inspection and produce the EWS1 at the moment? That’s what sellers solicitors are blaming the hold-up on.

Hard - there just aren’t enough inspectors for all the buildings that suddenly “need” a certificate. Also the inspector will likely need permission from the freeholder, so this isn’t something your seller can necessarily sort on their own. Obviously every situation is different but in your shoes I’d be looking elsewhere unless my solicitor advised EWS1 wasn’t necessary

@PinguTheLion

I sold a maisonette that had wood panels on the outside, the hell we went through to get an EWS1 form for our buyer has put me off buying ever again.

Do not proceed without an EWS1 form and I'd seriously consider pulling out of the sale because you will be in your sellers position one day trying to get one of these magical forms.

Can I ask how you actually even got one in the end? Having an argument with freehold owner of four story block at the moment, hard to tell if it’s over 18m or not.

@thinnerlikeachickendinner ours was only 2 storys so really we shouldn't have needed the form in the first place but the buyer's mortgage company insisted on it.

I found a RICS accredited surveyor that agreed to do the form because our property didn't meet any of the requirements for the form.

Plus there had been some building work on the property a few years ago that a neighbour had taken photos of when the wood panels were removed you could see it was just bricks behind the panels.

If your property does meet the requirements for the form I should imagine it would be almost impossible to get hold of unfortunately. If you have a management company I'd suggest contacting them to try and get it.

A friend of mine has been unable to sell her flat for 9 months due to not having received the EWS1 form, and is desperate to move.

It's not a good idea to put yourself in a position where you can't sell when you like due to something completely out of your control, so I would say no.

Mortgage lenders shouldn't be requiring them on blocks under 18 metres any more- it's just been agreed with the government.

Apparently managing agent of the building is happy to book it but saying it will be September at the earliest. I’m just wary of holding out that long and then it doesn’t manifest itself.
I think the sellers solicitors should have been more proactive about getting it sorted earlier on, as it was on the initial list of things our solicitors requested back in April. If I’m right in thinking that EWS1s have to be renewed every 5 years, it’s something I’ll keep in mind if we do end up buying as I’ll need to try and sort an inspection before even thinking about selling further on down the line.

Find out the height of the building. Over 18M, don't proceed without one (probably won't be able to anyway if you require a mortgage). 8 storey's is borderline but I'd imagine it will be over 18M. I know the industry surrounding this very well & its highly highly unlikely the seller/building agent will be able to find an engineer by September, there is a severe national shortage & the actual report needs to be generated & quality checked, so further delays. There is also no guarantee that even if they do get an engineer the building will pass & be issued with an EWS1.

If you're buying with a mortgage and your lender requires the form, you have no choice.

If you're a cash buyer, could you counter the estate agent's request to proceed without the form by asking whether the seller will agree to be responsible for the costs of any remedial repairs required when the report subsequently arrives.

Released a week ago. www.gov.uk/government/news/major-intervention-from-government-and-lenders-to-support-leaseholders?fbclid=IwAR37nXBd_-64rjNA-rFy8CKWLpp5sxTIzH3zFIr49yNhqHqkVXc-6FNRIjY

I’ll keep in mind if we do end up buying as I’ll need to try and sort an inspection before even thinking about selling further on down the line.

The freeholder (or more likely, their agent) needs to do that, not individual tenants. Management companies are notoriously inefficient, so add in a few months for them to do their bit, as well as the wait time for the report.

I think you are underestimating the difficulty of getting a EWS1. September isn’t realistic at all and overestimating the power that you’d have in the future as an owner to move this sort of thing forward.

It’s really not the time to be buying a clad flat www.thetimes.co.uk/article/we-face-bankruptcy-for-buying-a-home-in-londons-olympic-village-9mhqm8pqw

Thanks, it is helpful to get different advice. I’ve asked for a call with our solicitor so I guess I’ll wait and see what they say and consider my options from there.
It is difficult because the amount of cladding on the building is absolutely miniscule. You wouldn’t know it’s there unless you’d been told! In my simple brain I reckon it’d be worth everyone’s while just to remove it and avoid all the hassle!

@stroopwafelgirl

Thanks, it is helpful to get different advice. I’ve asked for a call with our solicitor so I guess I’ll wait and see what they say and consider my options from there. It is difficult because the amount of cladding on the building is absolutely miniscule. You wouldn’t know it’s there unless you’d been told! In my simple brain I reckon it’d be worth everyone’s while just to remove it and avoid all the hassle!

My friend bought an apartment with cladding, now she needs to sell and cannot do anything because of it. It doesn't matter how much cladding is there, in their point of view it is there anyway. You would be mad buying something like that . They are trying to push you into it because they want their commission. It will be a headache and your worst nightmare ... sorry.

I wouldn’t even view a property that had cladding anywhere near it if the seller didn’t already have that form! Impossible to get, there are narrower rules of when it is actually NEEDED but in reality it’s virtually impossible to sell anything with cladding if you don’t have the form. If you got one by September I would be amazed, the wait is extraordinarily long and there are a lot of people totally desperate for them.

I think a lot of people now will discount any flat that looks like there is cladding involved