You can sell a flat in a building with cladding problems, and in England many leaseholders are now protected from the cost of fixing them, but buyers’ lenders may still want evidence such as a leaseholder deed of certificate or an EWS1 form, so sales can take longer and offers are often lower. This page describes the position in England as of September 2026, with a note on Wales, Scotland and Northern Ireland at the end.
A word of caution first: this area of property law and practice changes often. Government funding, lender policies and professional guidance have all changed since 2022, and more changes are due. Check the current position with your solicitor before relying on anything here.
Why do cladding problems make flats hard to sell?
When a buyer needs a mortgage, the lender’s valuer has to be satisfied about the building’s external walls. If there is doubt about the cladding, the valuer may ask for evidence that the walls have been assessed before giving a value. Buyers also worry about who will pay for any work, how long it will take and what it means for service charges.
Each of those questions has a clearer answer than it did a few years ago, but the paperwork still has to be in place.
What is an EWS1 form?
According to RICS, the EWS1 process is a set way for a building owner to confirm to lenders and valuers that a residential building’s external wall system has been assessed for safety by a suitable expert. One form covers a whole block and it is valid for five years.
Three points matter when you sell:
- It is not a legal requirement. GOV.UK says EWS1 forms are not a statutory or regulatory requirement; whether one is needed is decided by lenders’ own policies.
- Not every building needs one. RICS guidance sets out when a valuer should ask for an EWS1 form.
- It is not a fire safety certificate. RICS says the form is intended for valuation and lending purposes only.
In May 2026 RICS published the second edition of its standard Secured lending valuation of properties in multi-storey, multi-occupancy residential buildings with cladding, which takes effect on 1 November 2026. It says an EWS1 form should only be requested where there is a clear rationale, using criteria based on building height, visible cladding, curtain wall glazing and some balcony arrangements.
The EWS1 process sits with the building owner, so ask the owner or managing agent early whether a form exists for your block.
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What protections do leaseholders have in England?
The leaseholder protections in the Building Safety Act 2022 came into force on 28 June 2022. They apply to buildings in England that are at least 11 metres high or have at least five storeys and have historical safety defects.
Your lease is a “qualifying lease” if all of these apply:
- it is a long lease (more than 21 years) of a single dwelling in such a building
- you pay a service charge
- the lease was granted before 14 February 2022
- on 14 February 2022, the flat was your only or main home, or you owned no more than three dwellings in the UK in total
If your lease qualifies:
- you are protected from all cladding system remediation costs
- other historical safety costs are capped and spread over 10 years
| Property value (as the rules calculate it) | Cap on non-cladding costs |
|---|---|
| Under £175,000 (£325,000 in Greater London) | Zero |
| Most properties above that | £10,000 (£15,000 in London) |
| Over £1 million | £50,000 |
| Over £2 million | £100,000 |
Importantly for sellers, the protections pass automatically to future buyers of a qualifying lease, even if the buyer would not have qualified themselves.
What is a leaseholder deed of certificate?
A leaseholder deed of certificate is how you show whether your lease qualifies. You can send one to your landlord at any time, and you must complete one if your landlord asks, which is common when you are selling. You will usually need an official copy of your title from HM Land Registry and information about your circumstances on 14 February 2022, such as whether the flat was your main home.
If you do not provide one, you may not get the benefit of the protections. Give it to your solicitor early, because the buyer’s solicitor and lender are likely to ask for it.
GOV.UK reports that Barclays, HSBC, Lloyds Banking Group, Nationwide, NatWest, Santander, Skipton Building Society, TSB and Virgin Money have confirmed they will lend on buildings in England of 11 metres or more that will be remediated by their developers, are in a government-funded remediation scheme, or where the leaseholder is covered by the protections, as shown by a deed of certificate.
What remediation schemes are there?
- The Cladding Safety Scheme, run by Homes England, meets the cost of addressing life safety fire risks associated with cladding on residential buildings in England of 11 metres or more. All new applications go through this scheme. It does not cover fire safety works unrelated to the cladding or external wall system.
- The Building Safety Fund was an earlier government-funded scheme. Your building may have been funded through it, so check with the owner.
- Developer remediation: where the original developer has agreed to fix the building.
- Buildings under 11 metres: in August 2026 the government published details of new Homes England funding for unsafe cladding on some multi-occupied buildings under 11 metres. The building owner applies.
In July 2025 the government announced deadlines for remediation: buildings of 18 metres or more with unsafe cladding by the end of 2029, and buildings of 11 to 18 metres by the end of 2031. It said it would bring forward a Remediation Bill to make this a legal duty. Check with your building owner where your block stands, and get any letters confirming the building’s scheme status for your buyer.
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How do cash buyers approach these flats?
Cash buyers do not need a lender’s approval, so a missing EWS1 form need not stop the purchase. Investors will still weigh the remediation timetable, the effect of works on letting or living in the flat, the risk to service charges and the time it may take to sell on.
Offers for a flat in a building with unresolved cladding issues are usually well below the price of a similar flat in an unaffected building, and a quick sale generally means accepting less than full market value. Where the building is fully remediated or the paperwork is in good order, an estate agent sale may achieve more. Our guide to how much cash buyers pay explains how offers are calculated.
If you would like to see what buyers on our panel might offer, you can get offers for my home. It is free and there is no obligation, and it helps to have your deed of certificate, any EWS1 form and the landlord’s building safety information to hand. Our checklist of documents you need to sell covers the rest.
What about Wales, Scotland and Northern Ireland?
The Building Safety Act leaseholder protections described above apply in England only.
- Wales: the Welsh Government’s Building Safety Programme covers residential buildings of 11 metres and over, and it says leaseholders will not bear the costs of fire safety remediation works arising from construction issues. Problems caused by lack of maintenance remain the leaseholder’s responsibility.
- Scotland: the Scottish Government’s Cladding Remediation Programme uses a Single Building Assessment to identify risks from a building’s external walls. It notes that an assessment may include works that are the homeowners’ responsibility.
- Northern Ireland: has its own arrangements.
If your flat is outside England, ask a local solicitor what applies to your building.
Common questions
Do I need an EWS1 form to sell my flat?
Not by law. GOV.UK says EWS1 forms are not a statutory or regulatory requirement, and whether one is needed depends on the buyer's lender. RICS guidance sets out when valuers should ask for one, and not every building needs one. A cash buyer may not need one at all.
Will I have to pay for cladding repairs before I sell?
In England, if your lease qualifies for the Building Safety Act protections, you cannot be charged for cladding system remediation, and other historical safety costs are capped. The protections pass automatically to future buyers of a qualifying lease. Whether your lease qualifies depends on the facts, so ask your solicitor.
What is a leaseholder deed of certificate?
It is the form a leaseholder in England uses to show whether their lease qualifies for the Building Safety Act protections. Your landlord may ask for one when you sell, and several major lenders have said they will lend where the protections apply as evidenced by a deed of certificate.
My building is under 11 metres. Do the protections apply?
No. GOV.UK says the leaseholder protections do not apply to buildings below 11 metres. In August 2026 the government published details of separate funding, delivered by Homes England, for unsafe cladding on some multi-occupied residential buildings under 11 metres in England. The building owner applies, not individual leaseholders.
Related guides
- Selling a flat with a short lease Leases under about 80 years, marriage value and the 2024 reforms explained.
- Selling an ex-council house or flat Right to Buy resale rules, lender criteria for blocks and major works bills.
- How much do cash house buyers pay? Why offers are below market value, and how to judge one.
- Documents you need to sell a house A checklist of the paperwork for a sale, and where to find it.