Back to previous page
Question: 5.14.17. Does the lender have any specific instructions about building safety?
| Lender | Answer |
|---|---|
| Accord Buy to Let |
This section can be disregarded where the building is less than 11m in height, or where the block of flats/apartments has less than 5 storeys or do not require any action in relation to the Building Safety Act 2022. Likewise where there are no cladding or fire safety issues present and/or where either an EWS1 form is not required, or a satisfactory EWS1 form is held. You must tell us if you believe the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect based on your enquiries or you believe from your enquiries that the security property has been identified as being in need of remediation. If the security property is identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for such works. We will not lend where the property is an un-remediated property where fire safety works are required and leaseholders have not received notification in writing that they will not bear any costs, now or in the future or through future service charges. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Accord Mortgages Ltd |
This section can be disregarded where the building is less than 11m in height, or where the block of flats/apartments has less than 5 storeys or do not require any action in relation to the Building Safety Act 2022. Likewise where there are no cladding or fire safety issues present and/or where either an EWS1 form is not required, or a satisfactory EWS1 form is held. You must tell us if you believe the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect based on your enquiries or you believe from your enquiries that the security property has been identified as being in need of remediation. If the security property is identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for such works. We will not lend where the property is an un-remediated property where fire safety works are required and leaseholders have not received notification in writing that they will not bear any costs, now or in the future or through future service charges. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Aldermore Bank PLC |
You must tell us before completion if the current owner of the property is a non - qualifying leaseholder and confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for remediation works. If you are made aware during the the conveyancing process that any remediation works under the Building Safety Act 2022 are incorrect or the security property has been identified as needing remediation, you must report this to us immediately for consideration. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| April Mortgages | No |
| Atom Bank plc | |
| Bank of Ireland (UK) plc | The conveyancer to confirm all documentation relating to building safety complies with the requirements of the Building Safety Act 2022. |
| Bank of Ireland as Bank of Ireland Mortgages | |
| Bank of Scotland Beginning A |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Bank of Scotland Beginning O |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Bank of Scotland Private Banking | |
| Barclays Bank UK PLC |
We have requirements for properties that have external wall systems (often generically termed cladding) that require remediation under the Building Safety Act 2022. Please note, any blocks of flats/apartments with 5 or more stories could potentially be in scope. Any blocks of flats/apartments with less than 5 stories do not require any action in relation to the Building Safety Act and this section can be ignored along with any guidance within part 1 relating to leasehold properties. Properties with external wall systems that require remediation will have an EWS1 rating of A3 or B2. Where a property has one of these ratings there is no requirement for you to report this to us unless any discrepancy is identified from the checks detailed below. The vendor's solicitor will provide confirmation and documents where a building is in scope. You do not need to query this, or send documentation to us, unless any issues are identified. Where the building has or will be remediated under the Building Safety Act 2022: (a) Where a leaseholder certificate and/or a landlord certificate is provided to evidence remediation, you should check the details are correctly recorded wherever possible. Alternatively, some properties will have a developer letter confirming remediation or a letter from the housing association. These are acceptable in lieu of the certificates. (b) You must request that the Vendor’s conveyancer or the borrower, (as applicable) provide any Remediation Order or Remediation Contribution Order (if one has been obtained) and supply a copy of the same to the Lender. There is no requirement to report to us where no remediation order/remediation contribution order exists. (c) You must request a copy of the lease agreement in respect of the leaseholder flat and you must check that: I. the lease is granted for a term exceeding 21 years (whether it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise) II. the lease was granted before 14 February 2022 III. the information provided in the Leaseholder Deed of Certificate including, the building address, the current leaseholder, and the name of the leaseholder on 14 February 2022 accords with the leasehold register (to the extent this information is detailed therein) IV. the information provided in any Landlord’s Certificate including the vendor/leaseholder’s name and address (which needs to accord to the leasehold register), the date on which the lease was granted and the name and number of the dwelling to which the lease relates, accords with the lease agreement (to the extent this information is detailed therein) (d) where the leaseholder has indicated on the Leaseholder Deed of Certificate that the dwelling was sold before 14 February 2022 but the sale price is not known, you must search the UK Land Registry to verify this. Where no value is held at land registry we recognise this check cannot be completed and you do not need to query this with us. (e) In respect of Section 5.14.17.B (a)-(d) above, where a check detailed within this section identifies information on paperwork relating to the remediation of a building is incorrect, this must be reported to us prior to completion/submission of the certificate of title. (f) For property purchases only - based on the information collected and validated pursuant to this Section 5.14.17.B, you must ensure that the borrower understands the extent of any financial contribution they will be required to make towards the cost of remediation, the remediation status of the building and the impact of any remediation timescales. |
| Barnsley Building Soc, a trading name Yorkshire Building Soc |
This section can be disregarded where the building is less than 11m in height, or where the block of flats/apartments has less than 5 storeys or do not require any action in relation to the Building Safety Act 2022. Likewise where there are no cladding or fire safety issues present and/or where either an EWS1 form is not required, or a satisfactory EWS1 form is held. You must tell us if you believe the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect based on your enquiries or you believe from your enquiries that the security property has been identified as being in need of remediation. If the security property is identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for such works. We will not lend where the property is an un-remediated property where fire safety works are required and leaseholders have not received notification in writing that they will not bear any costs, now or in the future or through future service charges. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Birmingham Bank | No |
| Birmingham Midshires |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Bluestone Mortgages | |
| Britannia, a trading name of The Co-operative Bank plc | |
| Chelsea Building Society (a trading name of Yorkshire BS) |
This section can be disregarded where the building is less than 11m in height, or where the block of flats/apartments has less than 5 storeys or do not require any action in relation to the Building Safety Act 2022. Likewise where there are no cladding or fire safety issues present and/or where either an EWS1 form is not required, or a satisfactory EWS1 form is held. You must tell us if you believe the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect based on your enquiries or you believe from your enquiries that the security property has been identified as being in need of remediation. If the security property is identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for such works. We will not lend where the property is an un-remediated property where fire safety works are required and leaseholders have not received notification in writing that they will not bear any costs, now or in the future or through future service charges. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| CHL Mortgages | |
| Clydesdale Bank plc |
If the property is a new build, you must ensure all planning and building regulations approval are in place as required by the Act and elsewhere in this Handbook. We do not anticipate that these types of building will require remediation work under the Act. You must inform us if that is not the case. Where we are aware that a property is impacted by the Building Safety Act 2022 and remediation work is required, our valuation will refer to it. We will have seen a copy of the leaseholder deed of certificate and the landlord’s certificate before issuing our offer. However, we do require you to notify us if during your investigations you become aware that the borrower will not in fact benefit from the leaseholder protections afforded by the Act. If you become aware that the property is impacted by the Building Safety Act 2022 and remediation works are needed but our valuation does not make mention of this, you must notify us immediately. We expect you to notify our borrower of the situation and provide them with the required legal advice so they understand how this could affect them and the Property, now and in the future. You should also recommend they should take some professional advice from a surveyor. Under no circumstances should you provide them with a copy of our valuation report. |
| Co-operative Bank plc | |
| Coutts | |
| Coutts Finance Co | |
| Coventry Building Society | None- You must not report to us if Section 5.14.17 Part 1 does not apply |
| Cynergy Bank | No. |
| Danske Bank | |
| First Direct |
We have requirements for properties that have external wall systems (often generically termed cladding) that require remediation under the Building Safety Act 2022 a) You must inform us before completion if the current owner of the property is a non-qualifying leaseholder and send us confirmation of monies known to be payable by the leaseholders for remediation works as this may result in our having to withdraw or change the mortgage offer. b) You must check the Landlord’s Certificate has been completed correctly and properly executed and where possible, that the information it contains is correct. c) If no Landlords Certificate is available, then you must satisfy yourselves that the leaseholder has followed the procedure set out in the legislation for providing the Leaseholder Deed of Certificate and that the landlord has not complied with the timeframes for providing a Landlord’s certificate and is not entitled to recover the costs of remediation. d) Where the building will be self-remediated by a developer, you must request provision of evidence confirming the commitment by the developer to fund the remediation works in full which, might take the form of: (i) a letter from the developer; or (ii) a certified copy of a developer remediation contract. e) You must ensure that the borrower understands the extent of any financial contribution they will be required to make towards the cost of remediation, the remediation status of the building and the impact of any remediation timescales. Where the building is of a construction type (i.e. traditional masonry) that there are no fire risks identified which relate to the provisions of the Building Safety Act 2022 or i. an EWS1 certificate is provided with an A1, A2 or B1 rating confirming no remediation works are required; or ii. a Fire Risk Appraisal of External Walls in accordance with PAS 9980 (FRAEW) confirms that no remediation is required Subject to 5.14.17 a. above, we do not require that you refer this information to us and the requirements of the above sections a) - d) do not apply. |
| Fleet Mortgages |
We will not lend where the need for an EWS1 form has been identified. If you are made aware during the conveyancing process that the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect or the security property has been identified as being in need of remediation and there is no relevant information on this point within the valuation, you must report this to us immediately for consideration. You must do so at the earliest opportunity (do not wait until the submission of your Certificate of Title) and we recommend that you do so before exchange of contracts as this may affect our decision to lend. |
| Foundation Home Loans |
You must tell us as soon as you become aware if the current owner of the property is a non - qualifying leaseholder and confirm the known and/ or anticipated costs which may be payable by leaseholders for remediation works. If you become aware any remediation works are required under the Building Safety Act 2022, you must report this to us immediately as this may affect our decision to lend. You must report such matters to us as soon as you become aware and before exchange of contracts (for a purchase and/ or remortgage). You must not complete until you have received our further written instructions. |
| Generation Home | If you are made aware during the conveyancing process that the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect or the security property has been identified as being in need of remediation and there is no relevant information on this point within the valuation, you must report this to us immediately for consideration. You must do so before submission of your Certificate of Title and we recommend that you do so before exchange of contracts as this may affect our decision to lend. |
| Godiva Mortgages Ltd | None- You must not report to us if Section 5.14.17 Part 1 does not apply |
| Halifax |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Halifax Loans Ltd | N/A |
| Harpenden Building Society | |
| Hodge | |
| Hodge Equity Release | |
| HSBC UK Bank plc |
England & Wales: Part 2 reference and proposed wording: 5.14.17b We have requirements for properties that have external wall systems (often generically termed cladding) that require remediation under the Building Safety Act 2022 a) You must inform us before completion if the current owner of the property is a non-qualifying leaseholder and send us confirmation of monies known to be payable by the leaseholders for remediation works as this may result in our having to withdraw or change the mortgage offer. b) You must check the Landlord’s Certificate has been completed correctly and properly executed and where possible, that the information it contains is correct. c) If no Landlords Certificate is available, then you must satisfy yourselves that the leaseholder has followed the procedure set out in the legislation for providing the Leaseholder Deed of Certificate and that the landlord has not complied with the timeframes for providing a Landlord’s certificate and is not entitled to recover the costs of remediation. d) Where the building will be self-remediated by a developer, you must request provision of evidence confirming the commitment by the developer to fund the remediation works in full which, might take the form of: (i) a letter from the developer; or (ii) a certified copy of a developer remediation contract. e) You must ensure that the borrower understands the extent of any financial contribution they will be required to make towards the cost of remediation, the remediation status of the building and the impact of any remediation timescales. Where the building is of a construction type (i.e. traditional masonry) that there are no fire risks identified which relate to the provisions of the Building Safety Act 2022 or i. an EWS1 certificate is provided with an A1, A2 or B1 rating confirming no remediation works are required; or ii. a Fire Risk Appraisal of External Walls in accordance with PAS 9980 (FRAEW) confirms that no remediation is required Subject to 5.14.17 a. above, we do not require that you refer this information to us and the requirements of the above sections a) - d) do not apply. |
| Intelligent Finance |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Investec Bank plc | |
| ITL Mortgages | None- You must not report to us if Section 5.14.17 Part 1 does not apply |
| Kensington Mortgage Company Ltd |
We have requirements for properties that have external wall systems (often generically termed cladding) that require remediation under the Building Safety Act 2022. Please note, any blocks of flats/apartments with 5 or more stories could potentially be in scope. Any blocks of flats/apartments with less than 5 stories do not require any action in relation to the Building Safety Act and this section can be ignored along with any guidance within part 1 relating to leasehold properties. Blocks of flats that contain external cladding are subject to the receipt of a satisfactory EWS1 form (External Wall Fire Review). The form must not be more than 5 years old and is to be inspected and approved by Kensington’s appointed valuer before agreeing to proceed with the release of funds. Solicitors are to ensure that at least five working days' notice prior to the required date of Completion is given to Kensington so that arrangements can be made for the valuer to inspect the EWS1 form. |
| Kent Reliance (a trading name of OneSavings Bank plc) | |
| Landbay Partners Limited | EWS (External Wall Safety Certificate) standard A1 is the only rating that Landbay accepts for buildings higher than 11m. Ratings lower than A1 will not be considered for lending. |
| Leeds Building Society | |
| Legal & General Home Finance Ltd | |
| LendInvest | No. |
| Lloyds Bank plc pre fixed 20/40 |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Lloyds Bank plc pre fixed 50/30/77 |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Lloyds TSB Scotland plc |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Metro Bank plc | |
| ModaMortgages | |
| Molo Finance | |
| Mortgage Agency Services | |
| MPowered Mortgages | |
| National Westminster Bank plc | |
| Nationwide Building Society |
Where we have not provided you any information or documentation regarding Building Safety, you can assume that no checks or further information are required. However, should you receive any documents, or the promise of any documents, in answer to questions 8.19 & 8.20 on the LPE1 Form then you are required to refer back to the Issuing Office with sufficient time for review prior to Exchange. Where we have identified a relevant security, we will provide to you, along with the Offer, all the documentation that we have collected through the application process which may include the following; • An Executed Leaseholder Deed of Certificate and Landlord Certificate* • Confirmation of any costs and amounts not covered by the Building Safety Fund or other Scheme (i.e. capped/non-capped charges) • Confirmation that interim fire safety measures are satisfactory • One of the following: o Confirmation from the ‘scheme provider’ that the building will be remediated under a Developer/Government/Freeholder Scheme, or o A Fire Risk Assessment of External Walls report (FRAEW) with executive summary including an indicative rating, or o An EWS1 form, or o A letter stating why none of these are available *(Where a Landlord Certificate can’t be provided, confirmation will be provided that the Responsible/Accountable Person has complied with current legislative requirements and that there are no Fire Safety Issues). Where you receive contrary information or documentation to that which was provided to you with the Offer regarding Building Safety, you are required to report this to us with full details (being mindful of requirements under Part 2.3 of the Handbook), you are required to do this in sufficient time ahead of Exchange to allow us to review as any further information may impact our decision to lend. In the addition to and with compliment to the above documentation, we require you to comply with the following instructions; a. you must check that, to the best of your knowledge, the Leaseholder Certificate and any Landlord Certificate have been appropriately and accurately executed and populated – using primarily the information and evidence provided to support the assertions made in the Certificates, unless otherwise indicated below b. you are required to ensure that the information provided in the Leaseholder Certificate is reflective of the lease agreement. Including: the building address, the current leaseholder and the details of the leaseholder (if different to current) as of 14th February 2022 c. you are required to ensure that the information in Landlord Certificate is reflective of the lease agreement. Including: the building address, any previous (as of 14th February 2022) and current landlord details and the vendors/leaseholders name & address d. where the leaseholder (as of the 14th February 2022) has noted in the Leaseholder Certificate that the dwelling was their only or principal home, you must verify this information from the accompanying evidence documents to the Leasehold Certificate and query any discrepancies e. where the leaseholder (as of the 14th February 2022) has indicated in the Leaseholder Certificate that they owned no more than 2 dwellings in the UK in addition to the dwelling on which the Leaseholder Certificate relates to, you must satisfy yourself as to the accuracy of this statement f. you are required to ensure that you have full details of the last sale of the security prior to 14th February 2022, including date & price even if these are not populated on the Leaseholder Certificate (please note that where this information is not available on HMLR, you will not be required to satisfy this check) g. you are required to ensure that the evidence supporting the Landlord Certificate reflects the answers given within the Certificate. Including, but not limited to, the details of the relevant landlord, the group net worth & work undertaken on relevant defects h. we will endeavour to provide to you information regarding the remediation scheme, however, where we have not provided to you the following, you will be required to attempt to source this information; (i) confirmation of whether it is being remediated by a developer or a government scheme (or other), (ii) confirmation of the commitment from the scheme provider i.e. a letter from the scheme provider (which may have already been provided) or certified copy of the Remediation Order, (iii) scheduled timings of remediation works (where this is available). Appropriate notification of this detail should form part of your advice to the Borrower. Please note that were no remediation plan has been confirmed or is in the process of being confirmed, you will not be required to satisfy the document requirements of this check – you are also not required to refer back to us with this detail. Where at any point, you receive information and/or confirmation that either the leaseholder and/or landlord are determined non-qualifying under the Act you must refer, with full details, to the Issuing Office for review. Please note that we have an expectation for the Building to remain appropriately insured during the course of the works. We expect full and comprehensive advice to be given to the Borrower/s regarding their obligations, specifically any financial obligations, under the Building Safety Act 2022 and the impact that this may have on their use and enjoyment of the property – please be mindful of requirements under Part 4.4 of the Handbook. Full details of the advice given, and subsequent confirmation of understanding of the advice by the Borrower/s must be kept with the File. Please note that no exceptions will be given where information is provided to us at a late stage, thus not allowing us time for further review or questioning, therefore, this must be appropriately factored in when setting expectations with Borrowers and any onward Purchasers. |
| Paragon Buy to Let Mortgages |
We may consider lending only in the following circumstances. Either:- 1. where the building has undergone a full assessment by a suitably experienced, qualified, independent and competent fire risk assessors (in the case of a Fire Safety Assessment) or external wall assessors (in the case of a fire risk appraisal of external walls carried out in accordance with The Regulatory Reform (Fire Safety) Order 2005 as modified by the Fire Safety Act 2021 (FRAEW) (The Assessors) and no remediation works (Remediation Works) have been identified under them or under the Building Safety Act 2022, (The Order and Acts). Copies of the assessments must be sent to us, prior to your request for funds or 2. where the building has undergone Remediation Works and up-to-date assessments by the Assessors have identified that no further remediation works have been identified under the Order and Acts. In respect of any Remediation Works that were identified in any assessments that: a. these have all been completed satisfactorily and evidenced by an up-to-date Fire Safety Assessment and FRAEW ( if applicable) and all planning, building control or other statutory or regulatory permissions, consents and approvals required in respect of the Remediation Works. Copies of all the assessments and any necessary and appropriate documentation must be sent to us prior to your request for funds and b. there are no further works which remain to be undertaken and c. there are no sums which remain due to be paid in respect of any such works from the seller or the borrower as the case may be. If the above cannot be satisfied, you must report this to us immediately for consideration, before submission of your Certificate of Title and we recommend that you do not exchange contracts as this may affect our decision to lend and we may have to withdraw the offer. In all circumstances, the solicitor must inform the applicant/borrower to take independent advice on any assessments and must not rely on the fact that we may be willing to release funds to proceed with any transaction that the property is suitable. |
| Pepper Money |
You must make all enquiries and receive all supplementary documentation/certificates in relation the Building Safety Act 2022 to ensure our security property is not adversely affected and the valuers assumption/s are correct. If any assumptions are incorrect or the security property has been identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which maybe payable by leaseholders (or our customer) for such works.’ You must notify us prior to exchange of contracts and or submission of the Certificate of Title as we may withdraw or change our mortgage offer. |
| Pepper Money (PUK) |
You must make all enquiries and receive all supplementary documentation/certificates in relation the Building Safety Act 2022 to ensure our security property is not adversely affected and the valuers assumption/s are correct. If any assumptions are incorrect or the security property has been identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which maybe payable by leaseholders (or our customer) for such works.’ You must notify us prior to exchange of contracts and or submission of the Certificate of Title as we may withdraw or change our mortgage offer.’ |
| Perenna | The conveyancer to confirm all documentation relating to building safety complies with the requirements of the Building Safety Act 2022. |
| Platform (a trading name of The Co-operative Bank p.l.c.) | |
| Precise Mortgages (Charter Court Financial Services Ltd) | |
| Principality Building Society | |
| Saffron Building Society | |
| Santander UK plc | Notify us if the assumption in the valuation report for remediation costs is not correct. |
| Scottish Building Society | |
| Scottish Widows Bank |
You must tell us before completion if the current owner of the property is a non-qualifying leaseholder and send us a copy of any Landlord Certificate or other confirmation of monies known to be payable by the leaseholders for remediation works. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Skipton Building Society |
Our Offer has been made on the basis that the building is of a construction type (i.e. traditional masonry) such that there are no fire risks identified which relate to the provisions of the Building Safety Act 2022, Or, i. An EWS1 certificate has been provided with an A1, A2 or B1 rating confirming no remediation works are required; or ii. A Fire Risk Appraisal of External Walls in accordance with PAS 9980 (FRAEW) has confirmed that no remediation is required; or iii. An EWS1 certificate has been provided with an A3 or B2 rating but our understanding is that there is a costed and funded* remediation scheme and plan in place (*with funding from the government or from the owner/developer) However, if you are made aware at any stage during the conveyancing process that: i. the valuer's assumptions regarding the security property's/the building's status in respect of remediation works under the Building Safety Act 2022 are incorrect; and/or, ii. where you receive any other contrary information or documentation to that which was provided to you with the Offer regarding Building Safety; and/or iii. the security property has non-qualifying leaseholder status under the Building Safety Act 2022 you must: 1. report this to us immediately for consideration and include in your report confirmation whether the security property has qualifying or non-qualifying leaseholder protection status (if iii. above applies, you must provide the Leaseholder Deed of Certificate with your report). 2. make this report to us before submission of your Certificate of Title and before exchange of contracts (as this may affect our decision to lend and we may have to withdraw or change the mortgage offer). 3. not complete the mortgage until you have received our further written instructions. You are also required to give full and comprehensive advice to the Borrower/s regarding obligations, specifically any financial obligations, that they may have under the Building Safety Act 2022 and the impact this may have on their ownership (including use and enjoyment) of the security property – please be mindful of requirements under Part 4.4 of the Handbook. Full details of the advice given, and subsequent confirmation of understanding of the advice by the Borrower/s must be kept with your conveyancing file. If no Landlord's Certificate is available, you must obtain verification that the leaseholder has complied with the procedures under the Building Safety Act 2022 for the provision of the Leaseholder Deed of Certificate and the landlord has not complied with the timeframes for providing a Landlord's Certificate and the landlord is not entitled to recover remediation costs. Where the leaseholder (as of 14th February 2022) has noted in the Leaseholder Deed of Certificate that the dwelling was theirs or another's only or principal home, you must verify this information (as far as you are able) by checking the accompanying evidence documents to the Leaseholder Deed of Certificate and query any discrepancies/request further documentation, if required, to verify. You are required to ensure that you have evidence of the last sale of the security property prior to 14th February 2022, including date and price even if these are not provided with the Leaseholder Deed of Certificate you receive (please note that where this information is not available on HMLR, you will not be required to satisfy this check). |
| State Bank of India UK | |
| Swansea Building Society | |
| The Mortgage Business | N/A |
| The Mortgage Works |
Where we have not provided you any information or documentation regarding Building Safety, you can assume that no checks or further information are required. However, should you receive any documents, or the promise of any documents, in answer to questions 8.19 & 8.20 on the LPE1 Form then you are required to refer back to the Issuing Office with sufficient time for review prior to Exchange Where we have identified a relevant security, we will provide to you, along with the Offer, all the documentation that we have collected through the application process which may include the following; • An Executed Leaseholder Deed of Certificate and Landlord Certificate* • Confirmation of any costs and amounts not covered by the Building Safety Fund or other Scheme (i.e. capped/non-capped charges) • Confirmation that interim fire safety measures are satisfactory • One of the following: o Confirmation from the ‘scheme provider’ that the building will be remediated under a Developer/Government/Freeholder Scheme, or o A Fire Risk Assessment of External Walls report (FRAEW) with executive summary including an indicative rating, or o An EWS1 form, or o A letter stating why none of these are available *(Where a Landlord Certificate can’t be provided, confirmation will be provided that the Responsible/Accountable Person has complied with current legislative requirements and that there are no Fire Safety Issues) Where you receive contrary information or documentation to that which was provided to you with the Offer regarding Building Safety, you are required to report this to us with full details (being mindful of requirements under Part 2.3 of the Handbook), you are required to do this in sufficient time ahead of Exchange to allow us to review as any further information may impact our decision to lend. In the addition to and with compliment to the above documentation, we require you to comply with the following instructions; a. you must check that, to the best of your knowledge, the Leaseholder Certificate and any Landlord Certificate have been appropriately and accurately executed and populated - using primarily the information and evidence provided to support the assertions made in the Certificates, unless otherwise indicated below b. you are required to ensure that the information provided in the Leaseholder Certificate is reflective of the lease agreement. Including: the building address, the current leaseholder and the details of the leaseholder (if different to current) as of 14th February 2022 c. you are required to ensure that the information in Landlord Certificate is reflective of the lease agreement. Including: the building address, any previous (as of 14th February 2022) and current landlord details and the vendors/leaseholders name & address d. where the leaseholder (as of the 14th February 2022) has noted in the Leaseholder Certificate that the dwelling was their only or principal home, you must verify this information from the accompanying evidence documents to the Leasehold Certificate and query any discrepancies e. where the leaseholder (as of the 14th February 2022) has indicated in the Leaseholder Certificate that they owned no more than 2 dwellings in the UK in addition to the dwelling on which the Leaseholder Certificate relates to, you must satisfy yourself as to the accuracy of this statement f. you are required to ensure that you have full details of the last sale of the security prior to 14th February 2022, including date & price even if these are not populated on the Leaseholder Certificate (please note that where this information is not available on HMLR you will not be required to satisfy this check) g. you are required to ensure that the evidence supporting the Landlord Certificate reflects the answers given within the Certificate. Including, but not limited to, the details of the relevant landlord, the group net worth & work undertaken on relevant defects h. we will endeavour to provide to you information regarding the remediation scheme, however, where we have not provided to you the following, you will be required to attempt to source this information; (i) confirmation of whether it is being remediated by a developer or a government scheme (or other), (ii) confirmation of the commitment from the scheme provider i.e. a letter from the scheme provider (which may have already been provided) or certified copy of the Remediation Order, (iii) scheduled timings of remediation works (where this is available). Appropriate notification of this detail should form part of your advice to the Borrower. Please note that where no remediation plan has been confirmed or is in the process of being confirmed, you will not be required to satisfy the document requirements in this check, you are also not required to refer back to us with this detail. Where at any point, you receive information and/or confirmation that either the leaseholder and/or landlord are determined non-qualifying under the Act you must refer, with full details, to the Issuing Office for review. Please note that we have an expectation for the Building to remain appropriately insured during the course of the works. We expect full and comprehensive advice to be given to the Borrower/s regarding their obligations, specifically any financial obligations, under the Building Safety Act 2022 and the impact that this may have on their use and enjoyment of the property – please be mindful of requirements under Part 4.4 of the Handbook. Full details of the advice given, and subsequent confirmation of understanding of the advice by the Borrower/s must be kept with the File. Please note that no exceptions will be given where information is provided to us at a late stage, thus not allowing us time for further review or questioning, therefore, this must be appropriately factored in when setting expectations with Borrowers and any onward Purchasers. |
| The Royal Bank of Scotland plc | |
| The Royal Bank of Scotland plc Direct Line Mortgages | |
| The Royal Bank of Scotland plc First Active | |
| The Royal Bank of Scotland plc Natwest one Account | |
| The Royal Bank of Scotland plc One Account | |
| The Royal Bank of Scotland plc Virgin One | |
| TSB Bank plc |
You must tell us before completion if the current owner of the property is a non - qualifying leaseholder and confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for remediation works. If you are made aware during the the conveyancing process that any remediation works under the Building Safety Act 2022 are incorrect or the security property has been identified as being in need of remediation, you must report this to us immediately for consideration. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Vida Homeloans | |
| Virgin Money |
If the property is a new build, you must ensure all planning and building regulations approval are in place as required by the Act and elsewhere in this Handbook. We do not anticipate that these types of building will require remediation work under the Act. You must inform us if that is not the case. Where we are aware that a property is impacted by the Building Safety Act 2022 and remediation work is required, our valuation will refer to it. We will have seen a copy of the leaseholder deed of certificate and the landlord’s certificate before issuing our offer. However, we do require you to notify us if during your investigations you become aware that the borrower will not in fact benefit from the leaseholder protections afforded by the Act. If you become aware that the property is impacted by the Building Safety Act 2022 and remediation works are needed but our valuation does not make mention of this, you must notify us immediately. We expect you to notify our borrower of the situation and provide them with the required legal advice so they understand how this could affect them and the Property, now and in the future. You should also recommend they should take some professional advice from a surveyor. Under no circumstances should you provide them with a copy of our valuation report. |
| Yorkshire Bank Home Loans Ltd |
If the property is a new build, you must ensure all planning and building regulations approval are in place as required by the Act and elsewhere in this Handbook. We do not anticipate that these types of building will require remediation work under the Act. You must inform us if that is not the case. Where we are aware that a property is impacted by the Building Safety Act 2022 and remediation work is required, our valuation will refer to it. We will have seen a copy of the leaseholder deed of certificate and the landlord’s certificate before issuing our offer. However, we do require you to notify us if during your investigations you become aware that the borrower will not in fact benefit from the leaseholder protections afforded by the Act. If you become aware that the property is impacted by the Building Safety Act 2022 and remediation works are needed but our valuation does not make mention of this, you must notify us immediately. We expect you to notify our borrower of the situation and provide them with the required legal advice so they understand how this could affect them and the Property, now and in the future. You should also recommend they should take some professional advice from a surveyor. Under no circumstances should you provide them with a copy of our valuation report. |
| Yorkshire Building Society |
This section can be disregarded where the building is less than 11m in height, or where the block of flats/apartments has less than 5 storeys or do not require any action in relation to the Building Safety Act 2022. Likewise where there are no cladding or fire safety issues present and/or where either an EWS1 form is not required, or a satisfactory EWS1 form is held. You must tell us if you believe the valuer’s assumptions regarding any remediation works under the Building Safety Act 2022 are incorrect based on your enquiries or you believe from your enquiries that the security property has been identified as being in need of remediation. If the security property is identified as being in need of remediation and the current owner of the property is a non-qualifying leaseholder you must immediately provide us with confirmation of costs known or anticipated which may be payable by leaseholders (or our customer) for such works. We will not lend where the property is an un-remediated property where fire safety works are required and leaseholders have not received notification in writing that they will not bear any costs, now or in the future or through future service charges. You must not complete the mortgage until you have received our further written instructions. We recommend that you report such matters before exchange of contracts because we may have to withdraw or change the mortgage offer. |
| Zephyr Homeloans |