External walls system update March 2021

Scottish Government Mortgage Lending and Cladding Working Group recommendations

The Ministerial Working Group on Mortgage Lending and Cladding has published its report and recommendations, which have been accepted by the Scottish Government. You can find our statement welcoming the report on our website.

RICS Guidance

RICS have published new guidance to support their members valuing multi-storey, multi occupancy residential buildings.

RICS have said that the guidance will support professionals to make a crucial step in creating clarity and consistency around when an External Wall System (EWS) assessment is required and will prevent delays for homebuyers and sellers. It sets out clear criteria for the types of blocks that should not require an EWS1 form. The guidance comes into effect from 5 April 2021.

Assignation of Duty of Care

We have received an increase in enquiries around the assignation of the duty of care. We felt it important to clarify that assigning the duty of care is not a Law Society of Scotland requirement. We highlighted this as a risk of which solicitors should be aware in our External wall systems update September 2020, however it is a matter for the solicitor to take their purchaser and lender clients’ instructions as to whether they require the duty of care to be assigned.