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Howto find out if a block of flats has cladding / fire safery issues before making an offer?

73 replies

CatAndHisKit · 27/03/2022 11:45

Is there a specific place/site where to find this, if anyone can advise?
I@ve tried just googling the blocks's name but nothing ccomes up.
It's a brick building with no cladding panels but has decorative wood cladding - small sections under windows etc.
I've heard that some blocks are fime re cladding but have to change other features internally.
I don't want to start paying olicitors before I find out. Also if it is minor but the certificate needed if I wante dto sell in future, are these easy enough to get within the next couple of years?
It's not the mortgage that' an issue for me, it's the potential repair and /or cetificate costs.

OP posts:
RedWingBoots · 30/03/2022 11:25

OP a mortgage provider ultimately decides what it will lend you money to buy, that's unless you are buying without a mortgage.

So for example some mortgage providers will not lend money for new builds and others will not give mortgages for BTLs. They all have the type of properties and borrowers they prefer.

If you go onto MoneySavingExpert.com (MSE) forums and search them you will find posters who will tell you which mortgage providers will lend without an EWS1. (People there will help on anything financial but always search first before posting. )

OP if you can't do basic research then you shouldn't be buying any leasehold property.

RainingYetAgain · 30/03/2022 12:00

I agree about the research. Ds saw a flat he really liked and offered on it. Before going to best and final he asked for managing agent details, and promptly withdrew his offer. There is an active FB action group about them - they haven't changed since the RTM episode 20 plus years ago.
Then he saw another flat,which appeared not to have a MA for the building, but same company managed the grounds. He didn't offer.

CatAndHisKit · 30/03/2022 13:30

RedWing mortgage is not involved, Did I say I'm not doing reserarch? For one I've started this thread, I've also found out the management co name, and I will consult solicitors - I wanted to hear first hand experience or like a pter here, someone from a management co.
Agagin I repetat that the building has not got cladding so I''m already being careful.

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CatAndHisKit · 30/03/2022 13:37

thank you, broccoli ! The whole buying and selling process in the UK is batshitttery with a capital B! that includes your mortgage provider asking for what's not legally essential.
I was just hoping that management cos are all applying for the EWS now, rather than individual leaseholders having to go through it - I'm assuming the certificate is assigned to the whole buildin , not separate flats, so seems obvious that the management (or a freeholder?) should be obliged to apply now on behalf of all leaseholders, so that future sales to happen.

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BitOutOfPractice · 30/03/2022 14:56

The issue is not just cladding any more. It's the complete fire safety of the building, internal and external.

broccolibush · 30/03/2022 17:00

Yes you're right that the EWS1 certificate is about the building, not each of the flats (though they are block specific so if there are several blocks in a development they do each need one). As said before though if they haven't started applying then I would walk away - even as a cash buyer - because the remediation works are so expensive and your flat will be unsaleable if the right documents aren't in place.

BitOutOfPractice · 30/03/2022 17:14

I agree with @broccolibush not only will any remediation be expensive, if they haven’t had a survey done yet it can take months / years.

I am just at the end of a 3+ year process and we still don’t have the piece of paper though I’m hoping to get it soon (scaffolding from lengthy and expensive cladding work just being removed).

CatAndHisKit · 30/03/2022 17:30

Bit I know it's internal safety too, hence I'e started the thread even though there's no cladding - someone replied that they had simiar wooden ornamental panels under windows, but they did not need the EWS, so it's all useful to read. They definitely have fire doors but the electrics fuse boxes look surprisingly old for a 2005 building - so would they be needed changing in obligatory way, that sort of thing.

broccoli my intention is to get the certificate once I buy - I'll have a lot of time as I'm not planning to sell in a year, but I wanted to know what is the mechanism for applying - and are the management co's obliged to apply for these now anyway or do they wait for a leaseholder to press them? Or can yo uapply without involving the management co?

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broccolibush · 30/03/2022 17:36

I think that as an individual leaseholder you won't have the authority to get one - nor would you want the outlay, I'd imagine, as the massive demand seems to mean that they can cost £thousands. It's very much the managing company's responsibility.

I get that you don't intend to sell but I'd caution about putting yourself in a position where you can't because you don't know what life might throw at you even tomorrow. Being stuck with a flat you can't sell seems like a nightmare to me.

Honestly in your position I would walk away if this hasn't been done already - or at least isn't in substantial progress already - if the management company haven't thought about/looked at it yet with the massive publicity I'd worry about where else they might be deficient. I could tell stories for weeks about how our management company fail us, but don't want to derail. You don't want to live in a flat where you have to fight for basic safety and hygiene issues to be taken seriously.

CatAndHisKit · 30/03/2022 17:40

Bit you must be in a high rise?
I also wanted to ask whether solicitors doing the purchase would now routinely request/find out about the EWS1 - I definitely will find out if it's there but not sure if I can do it directly from management or best via solicitor - I know it's not ready as vendors haev no inf on itm but it may be in the process being obtained by management, vendors jjust neve asked as they were looking for cash buyers anyway.

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CatAndHisKit · 30/03/2022 17:44

broccoli yes, I will find out - vendors may genulnely have never enquired as they had offers from cah buyers.
Equally I could potentially sell to a cash buyer / btl landlord, but yes, I do want to know for myself as I don't like surprises - as you say, you never know when you may need to sell. It's easy to rent out if the worst comes to worst but I do hear you.

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CatAndHisKit · 30/03/2022 17:49

I mean, it's very unlkely to already have been obtained but it may in in progress - that's what vendors may not know as they never asked.

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RainingYetAgain · 30/03/2022 18:33

Cash buyers only is bad news ATM IMHO. I suspect there are fire or other safety issues which the Leaseholder is aware about.
Otherwise there is long wait for an EWS1.
However, I saw a flat offered as cash buyer only. Couldn't work out why no cladding or wooden balcony, so enquired from the Estate Agent. Apparently, vendor had accepted two previous offers, but both lenders "undervalued" the property and vendor refused to budge.

CatAndHisKit · 30/03/2022 19:44

Raining I had similar with another 'cash only' property - a non standard concrete 50s house, where the vendor obviously stands by his owm valuaton, haha! No cash offers for two months! He got a mortgage one but needs a cert about repair works in the 80s - may not be as long as EWS to get, but still not easy and has to pay 1.5K fpor speial survey as no proff of those repairs. YET he won't lowr the price.
In this case they wanted cash as they are in a rush to get to a new build that's ready to move in to, didn't actually state 'cash only' - they would consider mortgage if no cash buyer, but they'd be in for shock.

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BitOutOfPractice · 30/03/2022 20:22

@CatAndHisKit getting a fire safety survey done costs tens of thousands. Not something you would want to take on, even if you could. There is a massive backlog of cases waiting to be surveyed. Years of backlog.

Has the fire service been round and inspected because I can guarantee they will have changed to make. And they have legal power to force you to get the changes made (again at a cost of thousands) on pain of immediate eviction (did you know the fire service had thise powers, o didn’t!)

Yes I’m in a 7 story block. Being a small block leaves you with even less protection as the government seems intent on leaving smaller blocks out of any funding.

Please, listen to the people on this thread with direct experience who are saying that if there is no Fire safety certificate already in place, DO NOT BUY!

BitOutOfPractice · 30/03/2022 20:26

And it is NOT easy to rent out! It will either be against the terms of your lease. Or lenders will not convert to a buy to let mortgage on flats under the blight of the fire safety scandal, even though the government has asked them to.

CatAndHisKit · 30/03/2022 22:35

Thank you Bit - there is no mortgage involved so I can rent it out, based on the fat that mosts flats in he block are rented out.
I will be checking whether EWS1 is there o at least in progress, hence my concern and this thread. But to be fair there are a couple of posters here that did say they sold ther flats with no problem as EWS wasn't needed- low rise blocks.
I still want to know whether the conveancer would now check this as routine, or is it dow to me to contact the management co.

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CatAndHisKit · 30/03/2022 23:39

I've just been been looking at the subject online, and it sounds like it's the freeholder, not the management co that is responsib;e to obtaining these. So how do I find out who the freeholder is - and would they respond to questions from potential buyers? It's a small developments of flats and houses so I assume it's whoever has built these.
I've tried to just google 'freeholder of the X address' but nothing comes up. Would a solicitor find this info very quckly so I can ask questions, or can / should I insist via the agent that the vendor gives me the freeholder details before I start the legal process?

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LBOCS2 · 30/03/2022 23:52

You can get the freeholder details if you obtain the title documents from Land Registry for the plot. In most cases, the FH does just pass this responsibility to the managing agents; paid for by the leaseholders.

I work in this industry; the guidance is changing on a weekly basis. I wouldn't like to say how it's going to change with the building safety bill going through parliament at the moment - and the scope of the EWS1 has changed since the introduction of PAS9980 earlier this year which is a more holistic review of the external facade. This will change the outcome of EWS1 ratings for some developments too if they're being peer reviewed.

BitOutOfPractice · 31/03/2022 08:46

The freeholder will just pass you onto the MA.

I'm going to say this one last time. The cladding is not the only issue here. It is a red herring for you. It is the fire safety of the whole block. And not just "oh it's fine it's got fire doors" or stuff you can see like a switch box. It is stuff that is behind the walls and needs an intrusive survey to find. The fact that you are not "high rise" should be no comfort since the government, despite the best efforts of the Lords, is purposely leaving buildings under 11m out of any funding that may be available. Not as someone touchingly thought because they are low risk, but because this government is a bunch of lying, conniving arseholes around this whole issue and want to let the guilty parties (who coincidentally are massive donors to the Tory party) wriggle out of their responsibilities.

Please proceed with extreme caution.

theschitt · 31/03/2022 11:31

If the EA isn't providing this information to you (massive red flag) , walk away.

It's not your job to see if the flat available for sale is suitable for sale.
You will need to pay Solicitors/surveyors and IMO the seller of the flat should have done the research for you if they are serious sellers.

CatAndHisKit · 01/04/2022 18:04

Have emailed the management co yesterday but nothing so far. Being Friday it may still be coming - I just don't know if they even would supply the info to a potential owner.
Otherwise will have to wait for the solicitors to starts and ask them to find this out first thing.
theshitt the point was not to get involved / pay legal fees if there is a problem. But I think no one will tell me unofficially.

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RedWingBoots · 01/04/2022 18:22

I just don't know if they even would supply the info to a potential owner.

Some will, many won't.

However those that do will only say things verbally and very carefully so you cannot use their words to take any legal position. This means you will need to phrase your own questions carefully.

Hopefully you can get a phone number for them.

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