Nearly nine years after Grenfell, thousands of leaseholders across England are still trapped in flats they cannot sell.
As of March 2026, the government has identified 4,322 residential buildings over 11 metres with unsafe cladding. Only 35% have completed remediation. That leaves roughly 2,800 buildings still waiting for work to start or finish, affecting an estimated 236,000 homes.
If you own one of them, you already know the reality: mortgage lenders will not touch your flat, buyers walk away the moment they hear the word “cladding,” and your property sits on the market gathering dust.
But here is the thing. You can still sell. The landscape has shifted significantly since 2022, with stronger leaseholder protections, government-backed funding, and legal deadlines that are finally forcing action.
In this guide, I will walk you through everything you need to know about selling a cladding-affected flat in 2026. From EWS1 ratings and the Building Safety Act to realistic pricing and the options available when the open market will not play ball.
Key Takeaways
- You can sell a cladding-affected flat, but your options and likely sale price depend on your building’s EWS1 rating and remediation status.
- Qualifying leaseholders pay nothing for unsafe cladding remediation under the Building Safety Act 2022. Non-cladding defects are capped at £10,000 (£15,000 in London).
- Mainstream lenders now lend on some cladding-affected flats if there is a funded remediation plan or developer pledge in place.
- Government deadlines are now legally binding: buildings over 18 metres must be remediated by end of 2029; 11 to 18 metre buildings by end of 2031.
- Flats are harder to sell than houses right now. Post-COVID oversupply, an investor exodus, and flexible working have created a buyer’s market for flats across much of England.
- A cash buyer can complete in weeks rather than months, sidestepping the mortgage and EWS1 barriers entirely.
What Is Cladding and Why Does It Matter?
Cladding is the external skin of a building. It insulates the property, protects it from weather, and gives it a finished appearance.
Materials vary widely: aluminium composite panels (ACM), timber, high-pressure laminate (HPL), fibre cement boards, and rendered insulation systems. Most are perfectly safe.
The problem surfaced after the Grenfell Tower tragedy in June 2017, when 72 people died in a fire that spread rapidly up the building’s ACM cladding. Since then, fire safety assessments have uncovered thousands of buildings across England with potentially dangerous external wall materials.
Not all cladding is unsafe. But even a perceived risk can devastate a property’s value and mortgageability. A flat in a building that has not been assessed, or one awaiting remediation, becomes extremely difficult to sell through conventional channels.
The scale of the problem
The government’s March 2026 building safety data release paints a clear picture of where things stand.
Source: MHCLG Building Safety Remediation Data, March 2026
The headline? Progress is being made, but nearly half of identified buildings have not even started remediation work. If your building is in that 44%, you could be waiting years.
Do You Need an EWS1 Form to Sell?
This is the question every cladding-affected flat owner asks first. And the answer is: it depends.
An External Wall System 1 (EWS1) form is a fire-risk assessment carried out by a qualified fire engineer. It evaluates the cladding materials, the insulation behind the cladding, fire breaks between floors, and balcony structures.
The assessment produces a rating that directly determines whether mortgage lenders will lend on your property.
| EWS1 Rating | What It Means | Impact on Sale |
|---|---|---|
| A1 / A2 | External wall materials comply with fire regulations | Fully mortgageable; no price penalty |
| A3 | Minor remedial work needed, but low overall risk | Most lenders will lend; limited price impact |
| B1 | Concerning issues identified requiring remediation | Reduced lender appetite; price discount likely |
| B2 | Serious fire risk requiring urgent remediation | Restricted to cash buyers unless remediation is funded; steep discount |
When an EWS1 is not required
Following updated guidance from UK Finance and RICS, you typically do not need an EWS1 if:
- Your building is under 11 metres (roughly 3 to 4 storeys) and has no ACM cladding
- Your building has already completed remediation and received a completion certificate
- Your lender has confirmed they do not require one (some use internal risk assessments instead)
That said, most lenders still require EWS1 forms for buildings 11 metres and above, or those with suspect materials. If you are unsure, contact your freeholder or managing agent. They should know whether an assessment has been carried out.
Did You Know?
A 2023 survey found that 52% of conveyancers were not acting on sales or purchases of leasehold properties affected by the Building Safety Act 2022, with a further 15% only acting in transactions with certain lenders. The few firms willing to handle these cases typically charge significantly higher fees.
Source: Today’s Conveyancer, 2024
This is worth knowing. Even if your flat is theoretically sellable, finding a conveyancer willing to handle the transaction can add weeks and cost to the process.
RICS guidance is evolving
RICS published a second edition of its EWS1 valuation guidance in May 2026, with an effective date of 1 November 2026. The updated guidance is expected to provide more flexibility around alternative evidence, meaning lenders may accept documentation other than a formal EWS1 in certain circumstances.
This is a positive development, but it is not in force yet. For sales completing before November 2026, the current EWS1 framework still applies.
Building Safety Act 2022: Your Protections as a Leaseholder
This is the single most important piece of legislation for anyone selling a cladding-affected flat.
The Building Safety Act 2022 introduced leaseholder protections to stop innocent flat owners from being hit with six-figure remediation bills. It created a “waterfall” of liability, pushing costs away from leaseholders and onto those responsible.
The liability waterfall
- Developers who built the property (if the building is less than 30 years old)
- Freeholders and landlords (if they own multiple properties or are connected to the developer)
- Government funding through the Building Safety Fund and Cladding Safety Scheme
- Leaseholders as a last resort only, with strict cost caps
What qualifying leaseholders pay
If you are a qualifying leaseholder (you owned the lease on 14 February 2022, it was a long lease of 21+ years, the flat was either your only or principal home, or you owned no more than three UK properties in total), you are protected as follows.
| Type of Defect | Your Liability | Details |
|---|---|---|
| Unsafe cladding remediation | £0 | Full protection in all buildings over 11 metres |
| Non-cladding defects (outside London) | Capped at £10,000 | Spread over 10 years; amounts already paid since June 2017 count towards cap |
| Non-cladding defects (inside London) | Capped at £15,000 | Spread over 10 years; amounts already paid since June 2017 count towards cap |
| All defects (flat under £175k outside London / £325k in London) | £0 | Zero liability for non-cladding costs if flat value is below threshold |
Source: LEASE (Leasehold Advisory Service)
Important
These protections apply in England only. Wales has parallel protections under separate legislation. Scotland and Northern Ireland have their own frameworks. If your property is outside England, contact the relevant devolved administration for guidance.
Transferring protections to your buyer
This is a detail many sellers miss, and it is crucial.
Under the Building Safety Act, your freeholder must provide a landlord certificate confirming the building’s remediation status and the leaseholder’s protected position. Without this certificate, the buyer cannot inherit your Building Safety Act protections, which could make the flat unmortgageable for them.
Your solicitor should request this certificate early in the conveyancing process. Freeholders are legally required to provide it within four weeks of being notified that you are selling. If they drag their feet, your solicitor can escalate through the First-tier Tribunal (Property Chamber).
Government Funding and Deadlines
The government has put serious money and legal force behind getting unsafe cladding removed. Understanding what is available and what the deadlines are will help you assess whether waiting for remediation makes sense.
Three main funding routes
| Scheme | Building Height | Progress (March 2026) |
|---|---|---|
| ACM Programme | 18m+ with ACM cladding | 90% completed (466 of 516 buildings) |
| Building Safety Fund (BSF) | 18m+ with non-ACM cladding | 69% completed (469 of 680 buildings) |
| Cladding Safety Scheme (CSS) | 11m+ (including 11-18m) | 8% completed (93 of 1,174 eligible buildings) |
Source: MHCLG Building Safety Remediation Data, March 2026
The numbers tell the story. ACM remediation on the tallest buildings is nearly done. But the Cladding Safety Scheme, which covers the majority of mid-rise buildings, has only completed 8% of eligible buildings. If your flat is in an 11 to 18 metre building, you may be in for a long wait.
Developer remediation pledge
A total of 47 developers have signed the government’s Developer Remediation Contract, pledging to fund and carry out remediation on buildings they developed that are over 11 metres. This includes major housebuilders like Barratt, Taylor Wimpey, and Persimmon.
The government’s target is for developers to start or complete work on 80% of their buildings by July 2026, with 100% by July 2027.
In practice, delivery has been mixed. Some developers have made good progress; others have been slow. If your building was built by a developer who has signed the pledge, check their remediation commitment on the gov.uk Developer Remediation Contract page.
The Remediation Acceleration Plan
Published in December 2024 and updated in July 2025, the Remediation Acceleration Plan introduced legally binding deadlines for the first time.
- By end of 2029: All buildings 18 metres and above must have completed remediation
- By end of 2031: All buildings 11 to 18 metres must have completed remediation
Failure to comply without reasonable excuse will be a criminal offence, punishable by unlimited fines or imprisonment. The government has also given Homes England and local authorities “remediation backstop” powers, allowing them to carry out works directly and recover costs through enforced sales if landlords fail to act.
These deadlines are a game-changer for buyers. A property that will be fully remediated within a known timeframe is a very different proposition to one stuck in indefinite limbo.
How Cladding Affects Your Flat’s Price
Let’s talk numbers. The price impact depends almost entirely on where your building sits in the remediation process.
Scenario 1: B2 rating or no EWS1
This is the hardest position. Without a clear EWS1 or with a B2 rating, mainstream mortgage lenders will not lend unless there is a funded remediation plan in place and evidence of Building Safety Act protections.
Without funded remediation: Your buyer pool shrinks to cash buyers and specialist lenders (rare, with prohibitive interest rates). Expect a 30 to 50% discount on open-market value.
With funded remediation and a clear timeline: More options open up. Major lenders including Barclays, HSBC, Lloyds, Nationwide, NatWest, and Santander now consider lending on B2-rated properties where remediation is funded and covered by a developer pledge or the Building Safety Act. Discount narrows to 15 to 30%.
Scenario 2: Remediation underway
Work has started but is not finished. There is an end in sight, but buyers are taking on completion risk, disruption from scaffolding and building works, and uncertainty about whether additional defects will be uncovered.
Typical discount: 10 to 25%, depending on how far through the process your building is and whether the funding is secure.
Scenario 3: Remediation complete
Work is finished, you have a clean EWS1 (A1 or A2), and a completion certificate has been issued. No penalty. You are back to normal market conditions with the full buyer pool available.
The Bigger Picture for Flat Sellers
Cladding is not the only headwind facing flat owners right now. Since COVID, the flat market has been significantly tougher than the house market across much of England.
With very few investors left in the market, first-time buyers now have considerable choice. And many flats in London are the same price as a house just outside London. For someone with flexible working, a freehold with an extra room and a garden is often more appealing than a leasehold flat.
The result? A huge glut of flats on the market and a market that is incredibly price-sensitive. If you want to sell, your flat needs to be priced competitively.
This flat-market oversupply compounds the cladding problem. Even a remediated flat may take longer to sell than you would expect, because it is competing against a large volume of similar stock.
Your Options: How to Sell a Cladding-Affected Flat
You have four main routes. Which one makes sense depends on your building’s status, your personal timeline, and how much discount you are willing to accept for certainty.
Option 1: Wait for remediation
Best for: Sellers with no urgent need to move, where remediation is funded and has a clear timeline.
If your building is in a government-funded scheme or covered by a developer pledge, waiting may get you the best price. Once remediation is complete and you have a clean EWS1, your flat becomes fully mortgageable again.
The risk: Remediation timelines are notoriously unreliable. Projects can overrun by 12 months or more. And if additional defects are found during the works, the timeline extends further. The Cladding Safety Scheme has completed just 8% of eligible buildings since launching in 2023.
Option 2: Sell on the open market
Best for: Flats with A1, A2, or A3 ratings, or where remediation is well advanced and lenders are willing to consider the property.
If your flat is mortgageable, you can list with an estate agent in the normal way. Be upfront about the cladding situation in your listing. Buyers will find out during conveyancing anyway, and transparency builds trust.
The risk: Even with a clean EWS1, flats are sitting on the market longer than houses in 2026. Price your property competitively from day one. “Stale” listings that have been on the market for months attract lowball offers.
Option 3: Let the property
Best for: Sellers who can afford to wait and have another property to live in. Letting converts dead equity into rental income while the remediation picture improves.
The risks:
- Many lenders will not allow product transfers or new buy-to-let mortgages on cladding-affected properties
- As a landlord, you have legal duties under the Building Safety Act 2022, including providing fire safety information to tenants
- You remain liable for any interim service charges (waking watch costs, insurance premium increases, Section 20 consultation charges)
- If tenants cannot obtain contents insurance due to cladding, they may not renew
Letting works best when remediation is funded with a clear 12 to 24 month timeline. If there is no remediation plan and no timeline, becoming an indefinite landlord on a depreciating asset is rarely a good strategy.
Option 4: Sell to a cash buyer
Best for: Sellers who need to move quickly, or whose building has no clear remediation timeline.
A professional cash buyer does not need a mortgage, which sidesteps the EWS1 and lender barriers entirely. The trade-off is price: you will receive less than full market value.
When this makes sense:
- You need to relocate for work, family, or health reasons
- You are facing repossession risk and need a guaranteed sale
- Your flat has been on the market for six months or more with no serious offers
- There is no remediation timeline and you do not want to wait years in limbo
Selling at Auction: Is It Worth It?
Some sellers consider auction for a quick, certain sale. It can work, but there are caveats.
Since 2022, the Building Safety Act has changed due diligence requirements for leasehold auction lots. Auctioneers must now disclose building safety information upfront, which can deter bidders if the remediation status is unclear.
Auction works best when you have a clean EWS1 (A1 or A2), remediation is complete, and you are willing to accept the reserve price. If your building has unresolved cladding issues, auction tends to attract the same pool as a direct cash sale (cash buyers and investors), but with additional auction fees of typically 2 to 3% plus legal costs on top.
First Steps: What to Do Right Now
If you are thinking about selling a cladding-affected flat, here is your action plan.
- Find out your building’s status. Contact your freeholder or management company. Ask: Has an EWS1 been carried out? What is the rating? Is remediation planned? Who is paying? What is the timeline? If your freeholder is unresponsive, check whether your building is registered on the Building Safety Fund or Cladding Safety Scheme databases.
- Understand your liability. Are you a qualifying leaseholder under the Building Safety Act 2022? If yes, check whether your building is over 11 metres and whether your flat is under the value threshold. Contact LEASE (Leasehold Advisory Service) for free, independent advice if you are unsure.
- Assemble your documentation. Do not wait for solicitors to request it. Gather your latest EWS1 form (if available), fire risk assessment, last two years of service charge accounts, any Section 20 notices, and all remediation correspondence from the freeholder, developer, or government scheme.
- Decide your strategy. If remediation is funded and starting soon, waiting may be your best option. If there is no clear timeline or funding, consider a cash sale to avoid years of limbo. If you need to move for work, family, or health reasons, a cash sale gives you certainty and speed.
- Choose a solicitor who understands cladding. Not all conveyancers are familiar with Building Safety Act requirements, EWS1 implications, or leaseholder liability caps. Ask whether they have handled cladding-affected sales before. The Law Society’s Find a Solicitor tool can help you locate a property specialist.
Your Legal Obligations When Selling
You have a legal duty to disclose known cladding or fire safety issues when selling your flat.
The TA6 Property Information Form
The Law Society TA6 form asks: “Are you aware of any fire safety or building safety defects?”
You must answer honestly. If you have received Section 20 notices, EWS1 reports, or freeholder correspondence about cladding, you must disclose it.
Consequences of non-disclosure: Your buyer can sue for misrepresentation after completion. You remain liable for losses, which could run to six figures if the buyer cannot remortgage later.
Documents buyers’ solicitors will request
Expect to provide (or arrange from your freeholder):
- EWS1 form (if applicable to your building)
- Fire Risk Assessment (FRA) (required for all residential blocks)
- Leaseholder Deed of Certificate (mandatory under the Building Safety Act to prove you are a qualifying leaseholder and transfer cost protections to the buyer)
- Service charge accounts (to show waking watch or insurance cost increases)
- Section 20 notices (consultations on major works)
- Remediation correspondence (freeholder, developer, or government scheme letters)
- Landlord certificate (required under the Building Safety Act 2022)
If you do not have these, your solicitor or the buyer’s solicitor will chase the freeholder. Be warned: this can add 4 to 8 weeks to conveyancing if the managing agent is slow. Start gathering paperwork before you list to avoid delays.
Struggling to Sell a Cladding-Affected Flat?
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How Property Rescue Can Help
We are a professional cash buyer with over 20 years’ experience buying property across England and Wales. Because of our Sale and Rent Back service, we are one of the only house buying companies in the UK that is regulated by the FCA (Register 522471).
What we typically purchase
- Flats with A1, A2, or A3 ratings (low to moderate risk)
- Mid-remediation properties where work is funded and progressing
- Buildings where the developer or freeholder has accepted liability and remediation is imminent
What we are unlikely to purchase
- Flats with a B2 rating unless remediation is fully funded, a contractor is appointed, and work is starting within six months
- Buildings with no EWS1 and no remediation plan
How we value cladding-affected flats
Our underwriting considers the EWS1 rating (or absence of one), the remediation status and timeline, building height, location (London and Manchester have stronger underlying demand than smaller markets), and the leaseholder’s Building Safety Act protections.
We offer around 80% of market value for houses and 75% for flats. Why less for flats? Since COVID, flats have been significantly harder to sell. There is a glut everywhere you look. In Bournemouth, within just a quarter of a postcode, we recently counted 132 flats listed for sale. That oversupply directly affects what we can offer and what we can resell for.
For cladding-affected flats, the offer will reflect the additional risk and the current remediation status. A flat mid-remediation with a clear timeline will command a better price than one stuck in limbo with no plan.
Speed and certainty
If you need to move quickly:
- Preliminary cash offer within 24 hours of enquiry
- Exchange typically within 7 days
- Completion in as little as 2 to 4 weeks (average 28 days)
No chain, no mortgage uncertainty, no buyer pulling out when their surveyor mentions cladding. That speed can be crucial if you are facing repossession risk, need to relocate for work, or are waiting on an onward purchase.
We always give an honest assessment. About 10% of the time, we advise sellers they would be better off listing on the open market. We are not here to buy every property. We are here to help where we genuinely add value.
Frequently Asked Questions
Do I have to pay for cladding remediation if I sell before work starts?
If you are a qualifying leaseholder under the Building Safety Act 2022, you are fully protected from all unsafe cladding remediation costs. You pay nothing. For non-cladding defects and interim measures (such as waking watch or fire alarm upgrades), your liability is capped at £10,000 outside London or £15,000 in London, spread over 10 years. If your flat is worth under £175,000 (outside London) or £325,000 (in London), you pay nothing for non-cladding costs either.
However, if a Section 20 notice has been issued and you are named, you may still be liable for interim costs. Clarify with your freeholder and solicitor before listing.
Can I sell a flat with a B2 EWS1 rating?
Yes, but your buyer pool will be severely limited. Most mainstream mortgage lenders will not lend on a B2 property unless there is a funded remediation plan in place and evidence of Building Safety Act protections. In practice, most B2 sales are to cash buyers at a significant discount. If remediation is funded and imminent, you may find some lenders willing to consider the property.
How long does cladding remediation take?
Timescales vary enormously depending on the building, the type of cladding, the funding route, and whether additional defects are discovered during the work. Simple projects can take 6 to 12 months. Complex multi-block developments can take 2 to 3 years or more. The government’s legal deadlines require completion by end of 2029 for 18m+ buildings and end of 2031 for 11 to 18m buildings.
Can I get indemnity insurance for cladding issues?
Extremely unlikely. Insurers will not cover known fire safety defects. Indemnity insurance is designed for legal title issues (missing deeds, restrictive covenants), not physical building risks. You will not find a policy to cover cladding.
What if my freeholder refuses to provide documents?
This is unfortunately common. Your solicitor can request documents directly under leasehold legislation, apply to the First-tier Tribunal (Property Chamber) for an order, or proceed with “subject to receipt of X” clauses (though this is risky, as buyers may pull out). In practice, most freeholders eventually comply, but it can take 6 to 12 weeks.
Can I claim compensation for loss of property value?
Potentially, under the Building Safety Act 2022 or through legal action against developers. Several group litigation cases are ongoing. However, compensation claims can take years. If you need to sell now, waiting for compensation is not a practical strategy. The Leasehold Knowledge Partnership can point you towards group actions if you want to explore this route.
What happens if remediation uncovers more defects?
It happens. Cladding removal sometimes reveals insulation problems, fire stopping failures, or structural issues. If that occurs mid-sale, your buyer may renegotiate or pull out, the remediation timeline extends (sometimes by 12 months or more), and additional Section 20 consultations may follow. This is a key reason why many buyers discount mid-remediation properties: they are taking on completion risk.
Can Property Rescue help if I have a B2 rating?
Sometimes. If remediation is fully funded (through the Building Safety Fund, a developer pledge, or the freeholder), a contractor is appointed, and work is starting within six months, we may be able to make an offer, particularly for buildings in strong locations. If there is no remediation plan and no funding, we are unlikely to proceed. But we will always give you an honest assessment within 24 hours of your enquiry. No obligation, no pressure. Call us on 020 8634 0224.
Final Thoughts
Selling a flat with cladding issues is challenging. There is no getting around that.
But it is not impossible. The Building Safety Act 2022 has transformed the landscape for qualifying leaseholders. Government funding has picked up pace. Legal deadlines are now enforceable. And major lenders are gradually opening up to properties with funded remediation plans.
Your best strategy depends on your building’s remediation status, your personal timeline, whether you can afford to wait, and how much discount you are prepared to accept for certainty.
If there is one piece of advice I would give: do not bury your head in the sand. Find out your building’s status, understand your liabilities, and make an informed decision.
Whether you sell to us, wait for remediation, let the property, or list with an agent, the worst thing you can do is nothing.
Need to Sell Your Flat Quickly?
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Disclaimer
This guide is for general information purposes only and focuses on England, where the Building Safety Act 2022 leaseholder protections apply. Wales, Scotland, and Northern Ireland have separate (though broadly similar) building safety regulations.
Property Rescue provides cash property purchase services. We are not fire safety experts, building surveyors, or legal advisers. Always verify your EWS1 rating and remediation status independently with your freeholder, and seek professional legal advice on leaseholder liability and your rights under the Building Safety Act.
For free, independent advice on leasehold issues, contact LEASE (Leasehold Advisory Service). For building safety information, visit gov.uk Building Safety Programme.
