Congratulations, you’ve just accepted an offer on your flat. But before you can pop the champagne, the buyer’s solicitor sends over their enquiries, and one question brings everything to a standstill.
When a flat sale stalls over cladding issues, the building itself may not even be the problem. Sometimes, the lack of documentation can be. For instance, the fire risk assessment may sit with a previous managing agent, or your EWS1 form is out of date. Meanwhile, the buyer’s lender waits, and the sale goes quiet.
Paperwork can really haunt a sale. That's why we've put together this guide that speaks to both sides of the conversation: leaseholders preparing to sell, and the property managers who field the requests. We'll cover the building safety documents that come up most often, who holds each one, and what changes when the updated RICS standard on EWS1 forms takes effect on 1 November 2026.
Why paperwork holds up sales
Since the Grenfell Tower fire, conveyancers ask building safety questions on almost every flat in a multi-storey block. The buyer’s solicitor sends leasehold enquiries to the managing agent, which includes a section on building safety. Every gap in the answers triggers another round of questions.
In most buildings, the information exists. The problem is where it lives. Over the years, freeholders, RTM companies, previous agents and fire engineers commission reports and keep their own copies. When a sale lands, someone has to piece the file back together under pressure, and buyers don’t always wait while they do.
The documents that come back to haunt a sale
The EWS1 form
The EWS1 (External Wall System) form tells a valuer and lender whether a building’s external walls need remediation that could affect value. The building owner or responsible entity for the building commissions it, and a suitably qualified professional signs it off. RICS expects a review every five years, or sooner if substantial works change the original findings. Our guide to EWS1 forms explains the ratings in plain English.
The fire risk appraisal of external walls (FRAEW)
A FRAEW assesses the fire risk of a building’s external walls using the PAS 9980 methodology. Under the new standard, a FRAEW summary can sometimes stand in for an EWS1 form altogether (more on that below). If your building has a FRAEW, its summary now carries real weight in a sale.
The fire risk assessment (FRA)
The responsible person for the building must keep a current fire risk assessment. The updated RICS standard advises buyers and their legal advisers to ask for it before purchase. So it’s worth having an up-to-date copy ready to share.
The leaseholder deed of certificate
This document sets out the leaseholder’s position as at 14 February 2022. It shows whether the lease benefits from the leaseholder protections in the Building Safety Act 2022. When a landlord learns of a sale, they must ask for one within five days, and give the leaseholder at least eight weeks to provide it, with four more on request. If the leaseholder doesn’t respond, the lease can lose protections it would otherwise have had.
The landlord certificate
This certificate runs the other way. The landlord uses it to show whether they can pass remediation costs on to leaseholders, and they must use the official GOV.UK template. The regulations give the landlord four weeks to provide it after certain triggers, including notice of a sale or a leaseholder’s request. Until the landlord sends it, the law presumes the landlord is responsible for paying for historic safety defects. The landlord must also share copies of both certificates with any RMC, RTM company or named manager within one week.
Evidence of where remediation stands
If works are outstanding, the buyer’s side will want to see a plan: who is managing the works, and how they’re funded. For buildings going through the Cladding Safety Scheme, that means a clear position on the funding application and an up-to-date programme. A building with a credible plan tells a very different story from one with none.
What changes on 1 November 2026
From 1 November, RICS valuers will work to the second edition of the RICS professional standard on secured lending valuations in multi-storey, multi-occupancy buildings with cladding.
The headline for anyone selling: valuers should only request an EWS1 form where there’s a clear rationale. The standard sets criteria based on building height and construction features, such as visible cladding, curtain walling and certain balcony designs. In some cases, a FRAEW summary can replace an EWS1 form, as long as it clearly states whether remedial works are needed and a suitably qualified professional completed it.
That should mean fewer blanket requests. It doesn’t make the paperwork disappear, though. It shifts the weight onto the documents behind the EWS1, which is why the FRAEW and fire risk assessment are so important. RICS also points out that a building not needing an EWS1 doesn’t rule out remediation in the future. And lender processes vary, so some may take time to catch up to this, meaning they may still ask for an EWS1 certificate regardless.
For leaseholders: lay the ghosts to rest before you list
The more you gather before you go to market, the fewer surprises once a buyer is in place.
Send your leaseholder deed of certificate to your landlord now, rather than waiting for an offer.
Ask your managing agent or landlord for a landlord certificate early.
Find out what external wall information exists for your building: an EWS1 form and its date, or a FRAEW summary.
Ask for the date of the current fire risk assessment.
If remediation is planned or underway, ask for the latest programme and funding position.
Our guide to selling a flat with unsafe cladding covers buyers’ and lenders’ questions in more detail.
For property managers: build the file before the request lands
Sale enquiries arrive on someone else’s timetable. A complete building safety file for each block turns a scramble into a straightforward reply.
Identify which buildings in your portfolio are relevant buildings under the Act: at least 11 metres high or five storeys, with at least two homes.
Keep one building safety file per block, covering the FRA, FRAEW, EWS1 and its review date, both certificates and the remediation status.
Set a process for the five-day certificate request and the four-week landlord certificate deadline, and make sure the whole team knows it.
Prepare a standard building safety response for LPE1 enquiries, and update it whenever anything changes.
Check for the ghosts of agents past: reports and correspondence a previous agent may never have handed over.
Brief clients and leaseholders on the 1 November changes so nobody is caught off guard.
For RTM and RMC directors, our guide to an RTM company’s cladding responsibilities explains where these duties sit.
Nothing to fear, just a process to follow
Building safety paperwork can feel daunting, especially when a sale depends on it. In practice, most of it comes down to knowing which documents exist and who holds them.
That’s the work Archway FM does every day. As Client Representative, we manage cladding remediation from assessment and funding through to contractor appointment, compliance and final EWS1 sign-off. While we don’t carry out the construction works ourselves, we manage the process on behalf of leaseholders, RTM companies and building owners, and keep the paperwork trail complete along the way.
If a sale is stuck on building safety paperwork, or you’d like your building’s file in order before the next one lands, we’re happy to talk it through.