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Remortgage with Cladding Issues

Cladding issues have affected hundreds of thousands of leaseholders across England and Wales, making it difficult or impossible to remortgage or sell. Understanding the EWS1 process, Building Safety Act protections, and which lenders are still active in this market is essential.

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The EWS1 Process and Current Lender Requirements

The EWS1 (External Wall System) form was introduced in December 2019 as a standardised assessment tool for mortgage lenders to receive assurance about the fire safety of a building's external wall construction. Produced by a qualified professional — typically a chartered fire engineer or RICS-accredited assessor — the EWS1 form records the composition of the external wall, including any cladding systems, insulation, and attachments, and provides one of two outcomes: an A rating (no combustible materials, or low risk) or a B rating (combustible materials present), with sub-categories indicating whether remediation action is required.

An A1 or A2 rating indicates that the external walls are either free of combustible materials or that any combustible elements present do not require remediation. Most mainstream lenders will accept an A-rated EWS1 and proceed with mortgage applications without restriction. An A1/A2 rating represents the most straightforward pathway back to mainstream mortgageability for affected buildings, and completing EWS1 assessments that result in A ratings has been a priority for the government and housing industry.

A B1 rating indicates that combustible materials are present in the external wall but that, based on the professional assessment, no remediation action is currently recommended — perhaps because the overall fire risk is low despite the presence of some combustible elements. Some lenders will lend on B1-rated buildings; others will not. Where a lender is willing to consider B1, they may apply a restricted maximum LTV or require additional evidence of the building's fire management measures. A broker with current knowledge of lender policies will know who is currently lending on B1 and on what terms.

A B2 rating is the most challenging outcome. It indicates that combustible materials are present and that remediation action is required. Most mainstream lenders will not offer new mortgages on B2-rated buildings pending completion of the required remediation. However, existing borrowers in B2-rated buildings may still be able to do a product transfer with their current lender, and some specialist lenders have developed products for buildings with a clear, funded remediation plan. The position changes as remediation work is completed and buildings move from B2 to A-rated status.

Building Safety Act 2022: Key Leaseholder Protections

The Building Safety Act 2022 represents the most significant reform to building safety legislation in decades and introduced critically important financial protections for leaseholders of qualifying buildings. The Act defines a qualifying building as a residential building in England above 11 metres or five storeys. Qualifying leaseholders — those who owned their flat before 14 February 2022 and who own a limited number of residential properties — are protected from being charged for cladding remediation costs. The responsibility for funding cladding remediation is placed on developers, freeholders, and building owners who are responsible for the defects.

The developer remediation contract, signed by major UK house builders and developers in early 2023, commits over 50 developers to fund the remediation of buildings they were responsible for constructing. This has accelerated remediation activity significantly for buildings where the original developer is still in business and has signed the contract. For buildings where the developer no longer exists or has not signed, the Building Safety Fund and the Cladding Safety Scheme provide government funding for remediation.

From a mortgage lender's perspective, the Building Safety Act protections have improved confidence in the affected property market. Where qualifying leaseholder protections are clearly in place and a funded remediation pathway exists, some lenders have been willing to reconsider applications they would have declined in 2020 or 2021. The Act has not resolved the problem overnight — lenders still need to be confident about the specific remediation timeline and funding for a given building — but it has moved the market forward meaningfully for a significant number of affected properties.

Non-qualifying leaseholders — including buy-to-let investors who own more than three properties, and those who purchased after 14 February 2022 — have more limited protections under the Act. These owners may face some share of non-cladding remediation costs for works such as fire alarm upgrades, additional fire doors, or waking watch arrangements, subject to prescribed caps based on the property's value. Understanding whether you qualify for full or partial protections requires reviewing your specific situation against the Act's criteria, and legal advice is recommended where there is any uncertainty.

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Remortgage Options for Leaseholders in Cladding-Affected Buildings

Product transfers — switching to a new deal with your existing lender without moving to a new lender — remain the most widely available remortgage option for leaseholders in buildings with unresolved cladding issues. Because product transfers do not require a new valuation or fresh EWS1 assessment, existing borrowers can typically access new rates from their current lender without their building's cladding status causing a specific barrier. This does not always produce the best available rate in the market, but it provides rate certainty and avoids the standard variable rate while the building safety process continues.

Where a building has received an A-rated EWS1 assessment — indicating no combustible materials or no remediation required — the full range of remortgage options should be available from lenders who accept EWS1 documentation. Confirming the EWS1 rating with your freeholder or managing agent and providing this to a broker at the outset of the remortgage process allows them to identify the widest appropriate lender panel. Some lenders require the original EWS1 form rather than a summary; your managing agent should be able to provide a copy.

For buildings with B2 ratings or no EWS1 assessment, specialist lenders have emerged as an option where a clear, funded remediation plan is documented. These lenders assess each building individually, look for evidence of developer remediation commitments or Building Safety Fund approval, and may lend at restricted LTV ratios with conditions attached to the mortgage offer reflecting the remediation progress. Accessing these lenders requires a broker with specific experience in the cladding-affected market, as they are not accessible directly and their criteria change as the remediation landscape evolves.

Leasehold advisory services and the First-tier Tribunal provide routes for leaseholders to challenge service charge demands related to building safety works. Where a freeholder is attempting to charge qualifying leaseholders for costs they are protected from under the Building Safety Act, applications to the tribunal can prevent unlawful charges and may provide evidence of leaseholder protections that assists a mortgage application. Documenting your building's position under the Act — including any developer remediation commitment or Building Safety Fund registration — is valuable both for lender purposes and for your own financial protection.

Practical Steps for Remortgaging with Cladding Issues

The first step is to establish clearly what the current status of your building is in terms of fire safety assessment and remediation. Contact your freeholder or managing agent to find out whether an EWS1 assessment has been completed, what the rating was, and whether the building is enrolled in any remediation scheme. This information is the foundation for any broker conversation about your remortgage options.

If your building does not yet have an EWS1 assessment, find out when one is expected and who is responsible for commissioning it. The freeholder or building owner is responsible for obtaining the EWS1, and many managing agents now have a programme for completing assessments across their managed portfolios. If your freeholder is not taking action, your residents' association or a solicitor specialising in leasehold and building safety matters can advise on options for compelling action.

Understanding your qualifying leaseholder status under the Building Safety Act is important. If you owned your flat before 14 February 2022 and own a limited number of properties, you have full qualifying leaseholder protections. Having documentation of your ownership history — including your original purchase completion date — is useful both for engaging with your freeholder about remediation costs and for demonstrating your protected status to lenders who are assessing the building's financial position.

A specialist broker with experience in the cladding-affected market will be able to assess your specific building's situation and identify the most practical remortgage pathway. This may be a product transfer with your existing lender as an interim measure, a mainstream remortgage if your building has an A-rated EWS1, or a specialist lender route if your building has a clear remediation plan but has not yet completed works. The market continues to evolve rapidly as more buildings complete remediation, so current broker knowledge is more valuable than general guidance in this area.

Important: Your home may be repossessed if you do not keep up repayments on your mortgage. There will be a fee for mortgage advice. The actual rate available will depend on your circumstances. Think carefully before securing other debts against your home.

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Frequently Asked Questions

If your building has not been assessed for EWS1, your options for moving to a new lender are very limited, as most lenders require an EWS1 or equivalent assurance for buildings with cladding above a certain height. However, a product transfer with your existing lender may still be available, as lenders typically do not require a new EWS1 assessment for product transfers. A specialist broker can advise on whether a product transfer is your best option in the interim while the EWS1 process for your building progresses.

Qualifying leaseholders — those who owned their flat before 14 February 2022 and who own a limited number of residential properties — are protected from cladding remediation costs under the Building Safety Act 2022 in buildings above 11 metres or five storeys. Responsibility falls on developers and freeholders. Non-qualifying leaseholders have more limited protections but are still subject to prescribed caps on their contributions. If you receive a service charge demand for remediation work, you should seek legal advice before paying and consider an application to the First-tier Tribunal if you believe the charge is unlawful.

Lender policies in this area change regularly as the remediation and EWS1 landscape evolves. Some lenders accept A-rated EWS1 buildings without restriction; others accept B1 at reduced LTV. For B2 buildings, a small number of specialist lenders will consider lending where a documented remediation plan is in place. Product transfers are available from most existing lenders regardless of EWS1 status. A whole-of-market broker with current knowledge of the cladding market is the only reliable way to identify which lenders are currently appropriate for your specific building and situation.

The EWS1 form is a standardised fire safety assessment document completed by a qualified assessor, used primarily as evidence for mortgage lenders about a building's external wall fire safety. It is a practical tool within the mortgage market. The Building Safety Act 2022 is legislation passed by Parliament that creates legal rights and obligations around building safety, including the financial protections for qualifying leaseholders. The two are complementary: the Building Safety Act determines who pays for remediation; the EWS1 provides the fire safety evidence that lenders use when making mortgage decisions.

For many leaseholders in cladding-affected buildings, a product transfer with their existing lender is the most practical short-term option. It avoids the EWS1 barriers that prevent moving to a new lender, provides rate certainty, and keeps you off the standard variable rate. The trade-off is that you are limited to your current lender's product range. If your building subsequently achieves an A-rated EWS1 or completes remediation, you can then explore a full remortgage to potentially access better rates from a wider panel of lenders. A broker can help you weigh these options based on your current deal, the rates available, and your building's expected remediation timeline.