You have equity in your flat, enough income for the mortgage and a reason to move. Yet the transaction stalls because the building’s cladding position remains unresolved. A Bill introduced on 14 October aims to tackle delays in making buildings safe. It could improve the position for affected owners, but its introduction does not change a lender’s decision on your flat overnight.
The government’s Building Safety (Remediation of Unsafe Cladding etc) Bill proposes stronger duties and enforcement. Ministers expect it to accelerate remediation affecting around 12,000 residents. That is an estimate of people helped, not a promise that 12,000 flats will immediately become mortgageable.
For owners facing a sale, a fixed-rate expiry or a stalled purchase, the practical question is what can be done with the evidence available now. Some affected properties can already support lending before works finish. Others remain difficult because responsibility, funding or the scope of repairs is unclear.
The legislation matters because it seeks to address that uncertainty at building level. The mortgage still depends on the individual property and application.
Introduced to Parliament, Not Yet Law
The 14 October announcement includes proposed penalties of up to £500,000 for failure to comply with a Remediation Order, a medium-rise building register and a public-authority backstop where responsible parties persistently fail to act.
The existing government expectation remains that, by the end of 2029, buildings over 11 metres with unsafe cladding should have been remediated or have a clear completion date. This is not a guarantee that every building will be repaired by then.
What the Bill Would Change
The government’s guide describes a new duty to assess and remediate life-critical external-wall fire risks in multi-occupied residential buildings in England over 11 metres or with at least five storeys, completed before 28 June 2022. Buildings covered by the Developer Remediation Contract would be excluded from that duty because equivalent obligations already apply.
It also proposes more consistent external-wall appraisals and auditing, and plans setting out remediation steps and timescales for residents. The register would cover medium-rise residential buildings of 11 to 18 metres in England.
These are proposals, with implementation and some detail dependent on further legislation. The main remediation framework discussed here concerns England; it should not be applied automatically to a flat elsewhere in the UK.
Why Clearer Responsibility Could Help a Mortgage Application
A lender needs to assess the flat as security. If repairs are required, uncertainty about who will do them, who will pay and what costs remain can complicate that assessment.
A meaningful remediation plan can turn a vague assurance into information that professionals can evaluate. Identifying the responsible party and the work required may help a valuer and solicitor understand the remaining risks.
That is the potential financing benefit. It is an inference about how better information could support a transaction, rather than an announced relaxation of mortgage criteria.
Willow’s earlier article on cladding funding and the implications for flat owners considered access to remediation support. This development concerns a different obstacle: getting assessment and work to progress when those responsible have not acted.
You May Not Need to Wait Until the Work Is Finished
There are already lending routes for some buildings awaiting remediation. UK Finance’s industry statement explains that participating lenders can consider affected flats in England where evidence establishes a recognised remediation route or relevant statutory protection. Each firm’s policy still applies.
The distinction is important for an owner whose mortgage deal ends this year. Waiting for the Bill to complete its parliamentary passage may not be necessary if the building already meets an available lender’s requirements.
Equally, a building owner’s intention to seek funding is not the same as an accepted funding position. Nationwide’s published England criteria illustrate this: for its Cladding Safety Scheme route, it requires evidence that the application has been deemed eligible, rather than merely submitted.
That is one lender’s requirement, not a universal test. It shows why the wording and status of the evidence matter as much as having a document labelled “remediation”.
| What You Have Been Told | What Still Needs Establishing |
|---|---|
| “The building is being assessed.” | What assessment exists, what it concludes and whether the lender and valuer accept it. |
| “Funding has been applied for.” | The application’s exact status, approved scope and any remaining funding conditions. |
| “The developer will pay.” | Written confirmation of the commitment, the works covered and any excluded costs. |
| “The work is finished.” | The completion evidence required by the lender, valuer and solicitor, including any unresolved defects. |
A £750,000 Flat Can Still Be Difficult to Refinance
Consider an illustrative owner who believes their flat is worth £750,000 and has a £300,000 mortgage. On that assumed value, the debt represents 40% loan-to-value and the apparent equity is £450,000.
That may look comfortable financially. It does not establish that a new lender will accept the flat or confirm that valuation.
If the application stalls over missing building information, adding more income evidence will not resolve the property question. The next step is to identify the actual reason: an assessment the valuer cannot rely on, uncertain funding, unresolved legal liability or another issue.
Once that is known, the adviser can investigate whether further evidence would satisfy the lender, whether another lender’s approach is suitable or whether the transaction must wait. Substantial equity gives context; it does not remove the need for acceptable security.
Is Building-Safety Evidence Holding Up Your Mortgage?
Willow can review the lender’s stated concern, the documents available and the building’s remediation position. We assess whether there is a credible borrowing route before another application is submitted.
Explore Your Residential Mortgage Options →An EWS1 Form Answers a Specific Question
An External Wall System form, commonly called EWS1, is used for valuation and lending purposes. RICS emphasises that it is not a life-safety certificate and does not replace a professional fire-risk assessment.
It should therefore not be treated as a universal pass or fail for every aspect of the building. Nor should every flat owner assume they must commission a new form before speaking to a lender.
UK Finance’s April 2025 update says signatory lenders do not require wholesale reviews solely because forms are more than five years old. Continued reliance remains subject to lender policy and risk appetite. Alternative evidence, including a Fire Risk Appraisal of External Walls, or FRAEW, may be considered where appropriate.
Separately, RICS has published a second edition of its relevant secured-lending valuation standard, effective from 1 November 2026. That forthcoming professional standard is distinct from the new Bill and is not yet effective on this article’s publication date.
Who Pays Is a Legal Question as Well as a Lending Question
Existing Building Safety Act protections already restrict certain historical remediation charges for qualifying leaseholders in England. Whether a particular lease and building qualify needs legal assessment; ownership of a flat alone does not settle it.
The leaseholder deed of certificate and, where relevant, the landlord’s certificate can be important evidence. Ask the conveyancer to establish what documentation is required, whether it is complete and what liabilities remain.
A statement that cladding works are funded should not be interpreted as confirmation that every other building expense disappears. Keep remediation liability separate from ordinary service charges, insurance and other ongoing ownership costs.
A mortgage offer is also not a legal opinion on the leaseholder’s exposure. The adviser, conveyancer and relevant surveying or fire-safety professionals each have a different part to play.
If Your Fixed Rate Is Ending, Review the Timing Now
Start with the existing lender’s available options as well as the possibility of a remortgage elsewhere. Ask what checks apply to a product transfer, particularly if you also want to change the balance, term or borrowers.
Do not assume staying with the current lender is automatically unrestricted or that moving will be impossible. Compare the actual choices, costs and application requirements.
Allow time to obtain building information. A managing agent may need to request documents from a developer, freeholder or professional assessor, and the lender may then need its valuer or solicitor to review them.
If the evidence cannot be resolved before the current deal expires, understand the contractual rate that follows and budget for that outcome. A proposed law is not a reliable completion timetable for an imminent refinance.
For Buyers, a Discount Does Not Resolve the Missing Evidence
A lower asking price may reflect uncertainty, disruption or limited buyer demand. It does not establish the cost of the remaining work or guarantee a future mortgage valuation.
Before committing, obtain the building information and have the conveyancer investigate the legal position alongside the mortgage assessment. Understand any expected works, access arrangements and ongoing charges.
If short-term finance is being considered, the exit needs particular attention. Refinancing later depends on a lender accepting the property then. Hoping the Bill will pass or the work will finish is not the same as an evidenced repayment route.
What a Useful Building-Safety Mortgage Review Looks Like
The starting point is a clear record of what is known: the building’s location and characteristics, available assessments, remediation status, funding evidence and relevant legal documents.
Add the borrower’s objective and deadline. Selling, replacing an existing mortgage and raising additional capital can create different requirements. Include the present mortgage terms and any written explanation of a previous valuation hold or decline.
Willow can use that information to investigate lender appetite and identify the evidence still needed, working with the client’s solicitor and other professionals. We do not certify fire safety or decide statutory protection.
The Bill offers a potentially important route to better progress. For an owner who needs to act now, the most useful first step is establishing precisely what stands between the building’s current position and a lender’s decision.
Frequently Asked Questions
Cladding, remediation and the evidence needed for lending.
Does the new cladding Bill make my flat mortgageable?
No. The Bill was introduced on 14 October 2026 and is not yet enacted. Mortgage acceptance still depends on the building, available evidence, valuation, legal position, borrower and lender criteria.
Can I sell or remortgage before cladding remediation is complete?
Potentially. Some lenders already consider affected properties where their requirements for remediation, funding or leaseholder protections are met. The documentation and the individual lender’s policy determine whether that route is available.
Do I always need a new EWS1 form?
No. The evidence required depends on the building, lender and valuer. An EWS1 is a valuation and lending document, not a life-safety certificate. Do not assume an older form must automatically be replaced or that alternative evidence will always be accepted.
Will leaseholder protections cover every building cost?
Do not assume so. Ask a qualified conveyancer to confirm whether the building and lease qualify, what statutory protections apply and what costs remain. Remediation funding does not establish that every service charge or other ownership cost is covered.
What should I send Willow if a cladding issue has stopped my mortgage?
Provide the lender’s written concern or valuation query, the building assessments and remediation information available, funding correspondence, your existing mortgage details and your transaction deadline. Your solicitor should advise on the relevant legal documentation.