Is a FRAEW a Legal Requirement?

If you own or manage a residential building with cladding or complex external wall systems, you may have been told you need a FRAEW. But is a FRAEW actually a legal requirement?

While there is no law in the UK that states a Fire Risk Appraisal of External Walls (FRAEW) must always be carried out, the Fire Safety Act 2021 and the Regulatory Reform (Fire Safety) Order require responsible persons to assess and manage external wall fire risk.

In practice, this means there are many situations where a FRAEW is needed to satisfy external wall safety obligations.

What is a FRAEW?

A FRAEW (Fire Risk Appraisal of External Walls) is a detailed fire risk assessment focused specifically on a building’s external wall construction, including cladding systems, insulation, balconies and attachments.

Unlike a standard fire risk assessment, a FRAEW examines how the external wall system could contribute to the spread of fire and whether further investigation, remediation or risk management measures are required.

FRAEW assessments are generally carried out on existing multi-occupied residential buildings using the PAS 9980 methodology, which provides guidance on assessing fire risk in external wall construction.

Is PAS 9980 Mandatory?

PAS 9980 is the guidance used by fire professionals, lenders, insurers and regulators to assess fire risk within external wall systems.

It isn’t legislation and isn’t legally mandatory in the same way as Building Regulations, but it has become the accepted methodology and industry standard for FRAEW assessments because it provides a structured and proportionate framework for evaluating risk.

This is an important distinction:

• PAS 9980 is guidance
• the legal duties come from fire safety and building safety legislation
• PAS 9980 provides the accepted framework used to assess compliance with those duties

For many buildings, particularly those with cladding or complex façades, it has become difficult to demonstrate compliance without some form of PAS 9980-based assessment.

What Does the Law Actually Require?

Fire Safety Act 2021

The Fire Safety Act 2021 clarified that external walls fall within the scope of fire safety legislation for multi-occupied residential buildings.

This means responsible persons must consider:

• cladding systems
• balconies
• windows
• insulation
• external wall attachments
• when assessing fire risk.

The Act creates a legal obligation to assess and manage external wall fire risk within applicable buildings.

Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order places legal duties on responsible persons to assess and manage fire risk in applicable buildings.

Where external wall risks cannot be properly assessed through standard fire risk procedures alone, a more detailed appraisal may be needed.

This is one of the main reasons FRAEWs are increasingly being requested.

Building Safety Act 2022

In response to the Grenfell Tower fire, the Building Safety Act introduced reforms aimed at improving accountability, compliance and long-term management of higher-risk residential buildings.

While the legislation does not specifically require FRAEW assessments, it has increased expectations regarding building records, risk management and external wall safety, and reinforced the importance of understanding how buildings have been designed, constructed and maintained.

Legal duty vs assessment method

This is where confusion often arises.

The legal requirement relates to managing fire risk, not to carrying out one specific type of assessment.

A FRAEW is one way of meeting those obligations where more detailed investigation of the external wall system is required.

In simple terms, the law requires external wall fire risk to be assessed and managed appropriately. PAS 9980 provides the recognised framework used to carry out that assessment and a FRAEW becomes necessary where external wall risk cannot be assessed adequately through simpler means.

When is a FRAEW Required?

A FRAEW may be required where there are concerns about the fire performance of the external wall system or uncertainty about how the façade has been constructed.

Common triggers include:

• combustible or unknown cladding materials
• buildings over 11m in height
• uncertainty about how the façade has been constructed
• visible defects or signs of deterioration
• water ingress affecting external wall components
• concerns about cavity barriers or fire stopping
• lender or insurer requirements
• difficulties obtaining an EWS1 form
• planned remediation or refurbishment works
• requests from managing agents or responsible persons for further investigation

In many cases, the issue is not that a defect has already been identified, but that there is insufficient information to confirm how the external wall system has been designed or constructed and to demonstrate compliance.

Is a FRAEW Mandatory for all Buildings?

No. Not every building requires a FRAEW.

The need for a FRAEW depends on factors such as:

• building height
• occupancy type
• external wall construction
• presence of combustible materials
• complexity of the façade system
• availability of construction information
• level of fire risk identified

Some low-risk buildings with simple, non-combustible construction may not require a detailed FRAEW assessment.

However, buildings with cladding, complex façade systems or uncertain construction details are more likely to require further appraisal.

A competent assessor will usually determine whether a FRAEW is necessary based on the building’s specific characteristics and level of risk.

Buildings most likely to require a FRAEW include:

• residential apartment blocks
• mixed-use residential buildings
• student accommodation buildings
• higher-rise residential developments
• buildings with ACM, HPL or other combustible cladding systems
• buildings with complex external wall construction
• older buildings where construction records are incomplete

FRAEW vs EWS1 – Are They the Same?

No. A FRAEW and an EWS1 form are different things, although they are closely linked.

A FRAEW is a fire risk assessment of the external wall system carried out using PAS 9980 guidance.

An EWS1 form is a standardised form used by lenders during property sales or mortgage applications to confirm that an external wall assessment has been carried out.

A FRAEW may sometimes form part of the information used to complete an EWS1 assessment, but the two are not interchangeable.

Who Can Carry Out a FRAEW?

A FRAEW should only be carried out by a competent professional with the appropriate knowledge, experience and understanding of:

• external wall construction
• façade systems
• fire performance
• PAS 9980 methodology
• fire safety legislation

Depending on the building and complexity of the façade system, this may involve collaboration between façade consultants, fire engineers and other specialists.

In Summary

A FRAEW is not a legal requirement for every building.

However, current fire safety legislation does place a legal duty on responsible persons to assess and manage external wall fire risk appropriately.

For buildings with cladding, complex façade systems or uncertainty surrounding how the external wall has been constructed, a FRAEW carried out using PAS 9980 guidance is often the recognised way of demonstrating that these obligations have been met.

Arrange a FRAEW Today

If you need advice on whether your building requires a FRAEW or further external wall investigation, or to request further information, contact us.

Tel: 01489 690 095
Email: enquiry@barryjubbassociates.co.uk
Or contact us through our enquiry page.