How do the Building Safety Act and EWS1 forms affect selling a buy-to-let flat?
The Building Safety Act 2022 protects qualifying leaseholders from most costs of fixing building safety defects such as dangerous cladding. A landlord who owned more than three UK properties on 14 February 2022 may not get those protections. An EWS1 form records a fire safety assessment of external walls and is often needed for buyers to get a mortgage.
Read more in our guide: Selling a problem property
Key building safety terms
| Term | Meaning |
|---|---|
| Relevant building | At least 11 metres or 5 storeys with 2 or more flats |
| Qualifying lease | Leaseholder owned no more than 3 UK properties on 14 Feb 2022, among other conditions |
| Leaseholder deed of certificate | Leaseholder's statement of whether the lease qualifies |
| Landlord's certificate | Freeholder's statement on liability for remediation costs |
| EWS1 | External wall fire review used by lenders and valuers |
Leaseholder protections
For qualifying leases in relevant buildings, cladding remediation costs cannot be passed to leaseholders, and other historic safety costs are capped. A lease qualifies only if, among other things, on 14 February 2022 the leaseholder owned no more than three properties in the UK, counting each whole property. Many portfolio landlords therefore hold non-qualifying leases on some or all of their flats and can be charged for works through the service charge.
EWS1 forms
An EWS1 form is completed by a qualified professional after reviewing a building's external walls. It is not a legal requirement, but many lenders and valuers ask for one on blocks with cladding or balconies of concern. Without it, buyers relying on a mortgage may be unable to proceed. Government-backed remediation schemes and the developers' pledge have reduced the number of affected blocks, but many are still awaiting works.
Selling an affected flat
- Complete the leaseholder deed of certificate early; the protections, if any, can pass to a buyer.
- Ask the managing agent for the landlord's certificate, the EWS1 and the remediation timetable.
- Disclose the position fully; it is material information.
- Expect a narrower buyer pool; cash buyers and portfolio investors are often the realistic market.
Within a portfolio sale
One affected flat can slow down a whole portfolio sale if lenders are involved. Selling it alongside the rest to an investor who understands the issue, with the information pack ready, often achieves a better overall result than trying to sell it separately.
Official Sources and Further Reading
- GOV.UK: leaseholder protections from building safety costs
- legislation.gov.uk: Building Safety Act 2022
General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.
Frequently Asked Questions
The Building Safety Act 2022 protects qualifying leaseholders from most costs of fixing building safety defects such as dangerous cladding. A landlord who owned more than three UK properties on 14 February 2022 may not get those protections. An EWS1 form records a fire safety assessment of external walls and is often needed for buyers to get a mortgage.
They can. A lease qualifies if the leaseholder met the conditions on 14 February 2022, including owning no more than three UK properties. A larger portfolio landlord's leases may not qualify.
No. It is usually only requested for buildings with cladding, certain balconies or other external wall concerns.
Qualifying status attaches to the lease, so the protections normally pass to the next owner.
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