Concerns have been raised over the validity of some cladding External Wall System certificates, also known as EWS1 forms, after a fire engineer was sanctioned by the Institution of Fire Engineers (IFE) last year
In August 2024, the IFE suspended Adam Kiziak for six months over breaches of its code of conduct, including “failure to hold adequate professional indemnity insurance, where required and where exclusions in PI policy are work prohibitive failed to make these known” and failing “to maintain and work within professional competence”. Kiziak was additionally found to be in breach of the IFE’s ethical principles regarding “accuracy and vigour”.
In December 2024, Inside Housing reported that some of Kiziak’s fire assessments had been “overturned” by independent audits commissioned by the Ministry of Housing, Communities, and Local Government (MHCLG). At the time, a spokesperson for MHCLG said: “We have robust auditing processes in place to ensure all fire risk assessments carried out for buildings in our remediation funding programmes meet appropriate standards. Where these standards are not met, we take action to ensure this is urgently addressed.”
On 21 January 2025, IFE confirmed that the sanction against Kiziak had been extended “due to complaints received”, which were currently under investigation. The sanction would “remain in place” until the investigations had concluded, IFE added.
Designed for use with residential properties, such as blocks of flats, the EWS1 form enables building owners to confirm to valuers and lenders that the external wall system on their residential building has been “assessed for safety by a suitable expert for likelihood of proportionate remediation to address fire safety risk.” It also confirms that this has been done in line with government guidance.
Following Kiziak’s suspension, mortgage lender, Nationwide announced it had temporarily paused its lending on buildings that had been signed off by Kiziak and Tri Fire, with a spokesperson for the bank telling Inside Housing: “We take building safety very seriously and Tri Fire’s current suspension means that we are temporarily unable to make lending decisions based on its reports without further information and validation.
“It is the responsibility of building owners to ensure that their building is inspected, and a valid report is in place signed off by a person with the correct qualifications. We are continuing to work with building owners and the wider industry to find a way forward on impacted Tri Fire cases.”
In response to this, a spokesperson for IFE said: “We are aware of the issue of mortgage lenders not accepting EWS forms completed by a sanctioned member. We recognise the impact that this has and while this does not fall within the IFE’s remit as a professional body, we are actively engaging with UK Finance to address the broader impact of member sanctions on mortgages.
“In the meantime, UK Finance recommend that individuals with concerns reach out directly to the lender for clarification and guidance.”
On 24 January, the professional membership body released a statement regarding the sanction, in which it said it was “aware of significant interest surrounding a high-profile matter involving a sanctioned member”, and while it was “fully committed to transparency, accountability”, it was bound by its “duty to handle all cases with strict confidentiality”.
“Where a sanctioned member is subject to subsequent complaints these are investigated and sanctions can be modified in light of this. When a sanction is modified this will be reflected in the published details on our website. In circumstances where a disciplinary investigation overlaps with law enforcement and judicial processes, we are required to pause the disciplinary process until those proceedings are concluded. This approach ensures that legal processes are respected and that our investigations maintain their integrity.
“The aforementioned case is unprecedented in its seriousness for the Institution and is the first case of its kind where a member has been issued a sanction of this nature. As such, we are actively developing and refining our processes to address the complexities it presents. Throughout this process, we remain committed to ensuring accuracy, rigour, and fairness.
“It would be inappropriate and inconsistent with our commitment to confidentiality to provide ongoing updates or detailed accounts of investigations. We uphold the principle that all individuals are entitled to a fair process and that allegations must be substantiated before any conclusions are reached. Therefore, IFE only publish sanctions once investigations are concluded, and the outcomes are fully ratified and prepared for publication.”
Notting Hill Genesis has since been offering guidance to leaseholders on what to do if their EWS1 forms are rejected by a lender. In an update published on its website on 27 January 2025, the London-based housing association stated:
“We have carried out our own investigations into the peer review process offered by Tri-Fire and are concerned it is not as robust as necessary. As a result of this, we will no longer use Tri Fire. We will support the IFE with their enquiries and share any relevant information.
“This means that the process for securing an updated EWS1 form, which we provided earlier this month, will need to change. We will no longer be instructing Tri Fire to peer review EWS1 reports and will no longer be issuing a letter of comfort.
“Instead, we will be commissioning new EWS1 forms, using a different fire engineering consultant from our supply chain, and seeking to use a number of companies on our framework. We will continue to look at how we can best scrutinise any new forms that are provided to ensure they can be relied upon.”
With fire engineers under excessive demand, the housing association added that waiting times – currently around 8 to 10 weeks – could be even longer.
As reported by Construction News, Homes England has also suspended Tri Fire from its approved panel of firms for carrying out fire risk appraisals of external walls (FRAEWs) for applicants of the Cladding Safety Scheme (CSS).
Obtained via a Freedom of Information request, Construction News discovered that more than 60 FRAEWs had been carried out by Tri Fire for CSS applicants prior to the firm’s suspension. A spokesperson for Homes England said it was “aware of allegations against Tri Fire” and that the firm had been suspended from its assessor panel.
“We are carrying out an audit of all Tri Fire reports and additional control measures are in place on reports carried out prior to their suspension,” the spokesperson added.
Michael Wharfe, partner at Devonshires law firm, told Construction News: “The fact that CSS applications require an FRAEW report, that sets out the scope of any remedial works required to make a building safe for occupation with the funding specifically tied to that work, means that any questions about the accuracy of the supporting report should be resolved before the application or works continue.”
As reported by BBC News, a lawyer acting for Tri Fire said: "Our client is very sorry for any distress and the difficulties that the current situation may have caused. It is working to resolve these issues as soon as possible, including alternative options for peer review."