Q&As
When a landlord has obtained an EWS1 form for a building (even though it is under 18 m in height and therefore not legally required) yet has been given a B2 rating indicating works are required, could the landlord be held liable in negligence if they do not carry out the work?
External Wall System (EWS) ratings are the manner in which building owners can confirm to valuers and lenders that an external wall system has been assessed by a suitable expert and whether any works are needed. This includes any cladding that may be present. A B2 rating on an EWS1 form means that an adequate standard of fire safety is not achieved, with works and interim measures required to remove combustible materials. This does not mean that the building is unsafe, but that remedial works are recommended due to the presence of combustible materials.
A failure to carry out the work in itself would not amount to negligence as, in order for there to be negligence, the necessary components of duty, breach of duty
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