Fire safety in flats, EWS1 forms, cladding and your rights

In short

Since the Grenfell Tower fire in 2017, fire safety in blocks of flats has become a high-priority area of housing law. Your landlord must keep the building safe under the Fire Safety Act 2021, the Fire Safety (England) Regulations 2022 and the Building Safety Act 2022. The EWS1 form is a fire-risk certificate for the external wall. If you think your block is not fire safe, report it to the fire and rescue service and your council. They can require action for free.

What changed after Grenfell

The Grenfell Tower fire in June 2017 killed 72 people. The inquiry made many recommendations that have become law in stages.

Key changes:

• Fire Safety Act 2021. External walls and flat entrance doors of blocks of flats are now part of the fire-risk assessment.
• Fire Safety (England) Regulations 2022. Building owners and managers must check fire doors, provide fire-safety information to residents, and have plans for the building.
• Building Safety Act 2022. New regime for "higher-risk buildings" (over 18 metres tall or 7 storeys + 2 dwellings). Building Safety Regulator oversight, residents' panels, accountable persons.
• Awaab's Law (2025). For social landlords only. An emergency fire hazard must be made safe within 24 hours.

EWS1 forms, what they are

An EWS1 form (External Wall System form) is a certificate signed by a qualified surveyor. It confirms whether the external wall of a block of flats is safe.

It was introduced after Grenfell so flat-owners could sell, mortgage or remortgage their flats.

EWS1 ratings:

• A1, A2: building has limited combustible materials, low fire risk.
• A3: combustible materials present but the design means action is not needed.
• B1: fire risk is low and remediation is not required.
• B2: the fire risk is high enough that fixing work is required.

If your block has a B2 rating, the building owner is supposed to fix the wall. Who pays is a major source of disputes.

What your landlord must do

Several pieces of law apply:

• Section 11 of the Landlord and Tenant Act 1985. Maintain the structure of the building.
• Regulatory Reform (Fire Safety) Order 2005. Maintain communal fire safety: doors, alarms, escape routes.
• Fire Safety Act 2021. Now extended to external walls and flat entrance doors.
• Building Safety Act 2022. For higher-risk buildings, full safety case + residents' engagement.
• Awaab's Law for social tenants on serious fire hazards.

The landlord must:

• Carry out a fire-risk assessment of the building.
• Make the building safe based on the assessment.
• Maintain fire doors in good working order.
• Maintain alarms in communal areas.
• Keep escape routes clear.
• Tell residents about the fire-evacuation plan.

What to do if you think your block is not fire safe

1. Look at the fire-risk assessment. Residents have the right to see this (Fire Safety Regulations 2022).
2. Check for obvious problems: missing or wedged fire doors, blocked escape routes, missing or broken alarms, combustible items in common parts.
3. Report concerns to the building owner or managing agent in writing.
4. Report to the local fire and rescue service if the landlord does not act. They can serve enforcement notices under the Fire Safety Order.
5. Report to your council's environmental health team for Housing Health and Safety Rating System (HHSRS) inspection.
6. For high-rise blocks, report to the Building Safety Regulator (part of HSE).

Help paying for cladding work

The Building Safety Act 2022 caps how much leaseholders can be charged for cladding work. It protects qualifying leaseholders from many costs entirely. The government has also funded remediation through the Building Safety Fund and the Cladding Safety Scheme.

Routes if you are a leaseholder facing these costs:

• Check whether the developer is in scope of the Developer Pledge (over 50 major developers have agreed to fix their own buildings).
• Check whether the building is in scope of the Building Safety Fund or Cladding Safety Scheme.
• Contact the Leasehold Advisory Service (LEASE) for free advice on 020 7832 2500.
• Engage with the freeholder's plans for the building.

Common fire-safety failures we see

• Fire doors held open with wedges.
• Combustible items in stairwells, corridors, balconies.
• Smoke alarms in flats that don't work.
• Missing or unclear evacuation plans.
• Failure to maintain dry risers, sprinklers, fire-fighting lifts.
• Cladding fire-stops missing or compromised.
• Compartmentation breached by service penetrations.

How to get a block fire-safety problem acted on

Fire safety in a block of flats is a safety matter. The fastest routes are free and do not involve a claim:

• The fire and rescue service enforces fire safety in the shared parts of blocks and can order the building's "responsible person" to act.
• Your council's building control or environmental health team can act on serious hazards in the building.
• 999, straight away, if there is immediate danger.

Report your concern to the building's responsible person (often the freeholder or managing agent) in writing and keep a copy. See also fire safety and your landlord's duties.

Sources

• Building Safety Act 2022 (legislation.gov.uk)
• Regulatory Reform (Fire Safety) Order 2005 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)