Cabinet Secretary for Social Justice and Housing
Rùnaire a’ Chaibineit airson Ceartas Sòisealta agus
Taigheadas
Shirley-Anne Somerville MSP
Shirley-Anne Somerville BPA
T : 0300 244 4000
E : scottish.ministers@gov.scot
Ben Macpherson MSP
Calum.Henderson@Parliament.scot
Our Reference: 202600532016
Your Reference: BM11581
2 September 2026
Dear Ben,
Thank you for your correspondence on behalf of your constituent, Ms Annette Dall’Oglio, regarding
Block 9, Western Harbour View (The Element), Edinburgh.
I appreciate you taking the time to raise Ms Dall’Oglio’s concerns and I recognise the uncertainty and
frustration that many homeowners experience where questions regarding external wall systems and
building assessments affect their ability to buy, sell or remortgage their homes. Ms Dall’Oglio has also
highlighted personal circumstances which make this situation particularly difficult, and I am sorry to hear
of the impact this is having on her.
Officials have confirmed that, as the original developer is no longer available to lead this work, the
building is being progressed through the Scottish Government’s Single Open Call programme, with
engagement taking place through the building’s factor, Element Factors. Funding support for a Single
Building Assessment (SBA) has been agreed, subject to the relevant procurement requirements being
completed. Element Factors have now submitted the quotations required to support progression of the
SBA process.
You asked about progress and timescales for completion of the assessment. While I appreciate the
desire for certainty, it is not currently possible to provide a definitive completion date. Across the
programme, assessments are being sequenced and prioritised to ensure resources are directed
towards buildings presenting the greatest potential life-safety risk. As part of that process, officials
continue to engage with factors and responsible entities regarding delivery arrangements and
anticipated timescales.
I note the concerns raised regarding the impact that the ongoing SBA process is having on Ms
Dall’Oglio’s ability to sell her property. Officials within the Cladding Remediation Directorate have been
corresponding directly with Ms Dall’Oglio regarding these matters and provided a detailed response to
her most recent enquiries on 22 July 2026. In that correspondence, officials explained the current
position regarding the progression of the SBA, the arrangements in place with Element Factors and the
reasons why it is not currently possible to provide definitive timescales or confirm any future
remediation funding decisions in advance of the assessment being completed.
It may also be helpful to clarify that an EWS1 form and a Single Building Assessment serve different
purposes. An EWS1 form is a market-led assessment process used by lenders and valuers in relation
to individual property transactions, whereas an SBA is a comprehensive assessment of the fire safety
risks associated with the building as a whole. The Scottish Government does not issue, approve or
control the provision of EWS1 forms, nor does it determine lenders’ requirements in relation to
mortgage lending. The availability of an EWS1 form is therefore a matter for appropriately qualified
professionals and the lending market rather than the Scottish Government.
While I appreciate the desire for certainty, it would not be appropriate for the Scottish Government to
make assumptions regarding the outcome of an SBA before it has been completed. The purpose of
the assessment is to establish the nature and extent of any fire safety risks and identify whether
mitigation or remediation measures may be required. Any subsequent decisions regarding funding
support for works can only be considered once the findings of the assessment are known.
In relation to ongoing communication, officials will continue to liaise with Element Factors, who remain
the primary point of contact for homeowners regarding the progression of the SBA. Officials have also
responded directly to correspondence received from Ms Dall’Oglio and will continue to provide updates
where further material information becomes available.
I recognise that this response will not provide the certainty that Ms Dall’Oglio is seeking, particularly
given her wish to market and sell her property. However, I can assure you that the Scottish Government
remains committed to progressing assessments and addressing building safety concerns in a way that
is evidence-based, proportionate and focused on resident safety. Officials will continue to work with
Element Factors to progress the assessment as quickly as possible.
Thank you again for writing on behalf of your constituent.
Yours sincerely,
SHIRLEY-ANNE SOMERVILLE