Buy your freehold
How to buy the freehold or get the right to manage
It sounds daft. We're happy to stump up £100,000s to buy a leasehold property, yet someone else normally owns the land it stands on, the cost of extending the lease is potentially £10,000s, and the annual service charge might be very expensive too. Fortunately, in England and Wales, it's possible for leaseholders to buy their freehold or take over a building's management. This step-by-step guide shows you how.
With thanks to Linz Darlington of Homehold for fact-checking this guide.
Freehold law is changing. The Government is making it both cheaper and easier to purchase your freehold. While it remains unclear when exactly this will take effect, you should take it into account if you're considering purchasing your freehold. Full details can be found in our Should I extend my lease guide. In the meantime, read on to learn how buying a freehold currently works.
Is it worth buying my freehold?
Legislation exists which means it's possible for the owners of leasehold flats and maisonettes (for ease we'll refer to them as flats) to take control and buy their freehold, effectively giving the freeholder the boot.
For flats, it's all about a legal process called collective enfranchisement, which gives you the right to club together with other leaseholders to buy the freehold for a fair market price. This underused right was brought in by a 1993 law, and boosted by the Commonhold and Leasehold Reform Act 2002.
If successful in acquiring the freehold, a building's flat-owners will each get a 'share of freehold'. They then become responsible for insuring and maintaining the building.
In England and Wales, there are over four million leasehold flats. In fact, leasehold is the most common form of flat ownership (a very small number are owned on a 'commonhold' basis).
Whilst the vast majority of houses are freehold, there are some that are leasehold. If you're a leasehold house owner, it is possible to buy the freehold too, but the rules are different. This guide is specifically about flats.
See our Leasehold versus freehold guide for more on the differences between the two main forms of homeownership. In the meantime, here are some things to consider if you're a leasehold flat owner thinking of buy your freehold...
The cost of buying the freehold is similar to extending your lease
Assuming all flat owners in your block want to participate, the cost of buying a share of your property's freehold should be similar to extending your lease by 90 years – which can be £1,000s or £10,000s depending on the length of your property's lease.
If you don't want the extra responsibilities that come with ditching your freeholder (read the rest of this guide for what these entail), it may be more sensible to just extend your lease instead. This wouldn't require the input of your neighbours and the process is generally more straightforward – see our Should I extend my lease? guide for more details.
Be aware it becomes much more expensive to either buy your freehold or extend your lease – potentially by £1,000s or £10,000s – if the length of your lease drops to 80 years or less. So...
If your lease has 83 years left, it's time to seriously start thinking about extending your lease or buying the freehold.
Where you decide to buy the freehold, you can usually extend your lease to 999 years for free afterwards – though agree to this in writing with all fellow flat owners beforehand. The only outlay to extend would be legal fees and possibly a small charge from your mortgage lender.
Extending your lease automatically reduces any ground rent you pay to zero, plus buying the freehold means you no longer pay a service charge direct to your freeholder (though the flat owners will still need to finance the maintenance of the building).
Note. There are some scenarios where purchasing your freehold can be significantly more expensive than simply extending your lease – such as where only a few flat owners want to take part or where your block is considered to have development potential.
You'd gain freedom from your freeholder
Papers run stories of freeholders who charge £100,000s for work costing £50,000, and while you can go to the First Tier Tribunal to challenge unfair charges, this can cost £1,000s (not to mention the stress). This is because freeholders have been historically known for picking costly providers and may choose products and insurance policies that pay them the most commission.
You've much more control when you own a share of the freehold. Of course, you still need to pay for these services, but hopefully you and the other flat owners will pick reasonable, high quality providers – and finally fix that broken lift.
However, it's important to understand a flat with a share of the freehold differs from a freehold house, where the freehold is yours outright. Flat owners with a share of the freehold own the freehold jointly with each other (usually via a small limited company set up expressly for this purpose).
Do note as well that with a share of freehold you still have a lease – because you still need to set out who owns which flat. Though, as mentioned above, your lease should be free to extend after buying the freehold (provided all flat owners in the block agree).
It could potentially add value to your flat
Estate agency Kinleigh Folkard & Hayward says most surveyors add an additional 1% to a flat's value for the benefit of the freehold, compared with an identical flat with the same number of years on the lease but no share of freehold. However, leasehold properties have been the subject of negative media attention for many years now, so you might find owning a share of freehold adds even greater attraction to home buyers than this.
The most significant potential gain is where you've got a flat with a short lease that would put buyers off, and you extend the lease at the same time as buying a share of the freehold.
If you've already got a decent length lease – for example, 999 or 99 years – buying a share of the freehold might not add a huge amount of profit. You would still have to pay the same legal costs as someone with a short lease, but would only add a little extra to the flat's value.
Do ask estate agents, solicitors and surveyors how much value buying a share of the freehold could add – the table below gives a very rough estimate.
LEASE LENGTH | FREEHOLD COST | PROFESSIONAL FEES (1) | TOTAL | POTENTIAL ADDED VALUE |
---|---|---|---|---|
90 years | £4,500 | £3,500 | £8,000 | £14,500 |
85 years | £5,500 | £3,500 | £9,000 | £18,500 |
79 years | £13,000 | £3,500 | £16,500 | £21,500 |
70 years | £19,500 | £3,500 | £23,000 | £27,000 |
From Homehold based on Upper Tribunal guidance. Estimated for a flat worth £200,000 once lease is extended to 999 years (assumes ground rent of £100). Based on a block of four flats all taking part. These are just estimates and can vary wildly. (1) Your valuation, negotiation and legal fees, plus your freeholder's valuation and legal fees. Does not include any stamp duty cost. |
Some inspiration ...
Here are a few MoneySavers' experiences for inspiration, but remember this won't work for everyone. If you've bought a share of the freehold, please post your experiences, good and bad, in the Buying a share of the freehold discussion.
"We bought a share of the freehold because we were being charged £1,000/year for buildings insurance. When we bought our own, this fell to £300/year. The freehold cost £1,500 per flat, including legal fees. We saved £700 on insurance in the first year.
"We also gained control over maintenance expenses. Before this, the freeholder would dismiss suggestions that she was forcing us to overpay and just hand us a huge bill."
MoneySaver 'westernpromise'
"I have bought a share of freehold in two properties and yes, would do again as long as the price is right. In these cases the leases were less than 70 years, so one benefit was that we were able extend the lease more cheaply.
"Having a share of freehold does seem to make properties more saleable. In both cases we had poor managing agents, and it was a huge bonus to take control of the management and improve the upkeep."
MoneySaver 'squoog'
We hope this guide will help you make sense of the process. This is a complex area of law, though – so you also need a specialist solicitor with expertise in the area to guide you through.
Just a note that in common parlance freeholders are sometimes referred to as 'landlords' and flat owners as 'tenants'. But in this guide we've chosen to use the word 'freeholder' instead of landlord in all cases to avoid confusion with landlords who let out flats.
Buy the freehold or right to manage?
Leaseholders who want more control over their flat have two options. Either they can buy the freehold. Or, under the Commonhold and Leasehold Reform Act 2002, most leaseholders can apply with other leaseholders for the 'right to manage' their building.
If you don't want more control over your building but do want to extend your lease (a good idea if it's nearing 80 years), you can read about how to do this in our Extend your lease guide.
Here's how the two options compare:
Buy the freehold: Pros & cons
Free lease extensions.
Once you've paid to buy the freehold, you can usually extend the lease to 999 years for no extra cost (except legal fees).
You control service charges.
You can choose value-for money, high-quality providers.
No ground rent.
You normally don't need to pay ground rent.
Fewer conditions.
Leases can come with a raft of conditions, which can come as a surprise after you've laid out £100,000s on your own place. For example, you may need the freeholder's permission to let the flat or keep a cat.
It can add value to your home.
Buyers generally prefer share of freehold flats to leasehold.
This is a costly manoeuvre.
But hopefully, buying a share of the freehold will add value.
It takes time.
The process usually takes about a year, but can drag out for longer if the freeholder attempts to thwart your attempts. You must be determined and patient.
You rely on your neighbours' co-operation.
Everybody needs good neighbours – especially if you buy the freehold together. If your building has two flats and you both get on well, you could be on easy street.
Yet residents of larger flat blocks can find it a stretch to pull together as an effective, organised team. Frankly, the more flats in the building, the more chance of spats – and no independent freeholder to sort things out. Add to this that some owners will probably be elusive buy-to-let landlords, who may be hard to contact.
With great power, comes great responsibility.
The new freeholders need to set up a freehold company, do the accounts, arrange insurance and organise ongoing maintenance. Only do this if you're happy to do some (or all) of the admin. If these jobs don't get done, it could wipe value off your flat.
There will still be disagreements.
Even though you and neighbours will probably own the new freehold company, some will still have gripes about services charges. Reaching a consensus can be a nightmare. If a neighbour tries to stonewall some repair work, claiming it was not essential, it may be difficult to force it.
The lease stays the same.
Even when you purchase the freehold, any conditions in the leases stay exactly the same, so it's wise to get a solicitor to extend the leases and update poorly-written or unjust leases at the same time.
Otherwise unfair conditions can still be enforced, as the new company that owns the freehold is totally separate to the individual flat owners. Of course, the new company (residents) may choose not to enforce all conditions, but it's worth doing in case.
Right to manage: Pros & Cons
It's much cheaper.
Buying the freehold can cost tens of thousands of pounds. You can invoke your right to manage for free (except for legal costs).
You control service charges.
As with buying the freehold, you still need to pay for these services, but hopefully you will pick fairly priced providers.
It's quicker.
Right to manage is a simpler process and usually takes five to six months, compared to a year to buy the freehold.
Little scope for freeholders to challenge.
Unlike buying a share of the freehold, there are no price negotiations.
You have great responsibility (but not much power).
The right to manage gives you all the responsibility for the building, but fewer of the perks. It's also unlikely to boost your property value.
You must still pay to extend the lease.
Even if you have the right to manage, you must still pay to extend you lease. Read the full Extend your lease guide for more on how this works.
You can't change the lease.
This means badly-drafted leases won't change. Though in some cases you may be able to go to the Leasehold Valuation Tribunal to get unjust leases changed.
The freeholder can still use lease conditions to excerise control.
For example, you could still have to apply to it if you want to put in a conservatory. The right to manage company has an obligation to monitor that homeowners are complying with lease conditions and report them to the freeholder if not.
Your freeholder is still around.
Your freeholder can sit on the right to manage company's board and go to tribunal to end your right to manage if they claim you're doing a poor job. Plus, you and the other leaseholders in the building must cover the costs of the freeholder that are incurred during the management transfer process.
How much does buying my freehold cost?
The starting point for the cost of buying your share of the freehold (excluding legal fees) is roughly the same as it would be to extend your lease by 90 years.
In some cases it can be higher, for example where the freeholder argues there is development potential in your block, or where not all flat-owners in the block participate in the enfranchisement process.
The bulk of the cost is the share of the freehold itself. Yet there's no set price. It depends on how long the lease on each flat is, how much each flat is worth, and the ground rent each leaseholder pays. It also rests on negotiations and the surveyors' valuation. The shorter your lease though, the higher the cost.
If you ask surveyors for a quote on an official valuation, they will sometimes volunteer a rough estimate of the freehold's price and how much value it could add to your flat. You can also ask solicitors for a quote, who may also be able to give an indication.
Be mindful though that freehold costs are decided by a complicated formula and vary dramatically.
Quick question:
Other costs to factor in
On top of the cost of your share of the freehold, you pay a few other fees:
- Legal fees.
Legal costs vary hugely, depending on the situation's complexity. Solicitors typically start at £3,000ish plus VAT for dealing with a freehold purchase for two flats. This figure is likely to be higher for larger blocks. Also count on at least £500ish extra per flat to extend the lease to 999 years (which you should do as soon as you purchase the freehold, to avoid potential tax issues later).
Usually the more flats in your block, the cheaper your individual legal costs. That's because it won't necessarily take twice as long to deal with a block of 10 flats than it would a block of five. Costs will be more if you go to a First-Tier Tribunal, though this is not usually necessary.
Valuation fees.
A surveyor will need to value the flat and freehold. Again, fees vary but expect to pay £500 to £600 per flat.
Stamp duty.
Stamp duty might apply to your freehold purchase. The rules are complex, but generally speaking you're unlikely to pay it if the cost of purchasing your freehold is £40,000 or less (AND even where the cost is greater, stamp duty doesn't always apply). As the rules are complicated, it's important to discuss stamp duty implications with your solicitor.
The freeholder's fees.
You'll need to pay the current freeholder's valuation and legal fees. Sadly, they have no incentive to use a reasonably priced solicitor, but if they take the mickey, you may be able to take the case to the First-Tier Tribunal.
How to pay for it
Hopefully, buying the freehold will add value, but you need to consider carefully how you'd pay for it.
Mortgage broker London & Country says most lenders will extend a mortgage to pay for buying a share of the freehold or a lease extension. You'd still need enough room on the mortgage to cover it and be able to meet the repayments though. Lenders may be cautious if you've a really short lease.
And remember, the cost of borrowing isn't just about the rate, it's about how long it's for. The longer, the costlier – and most mortgages are over much longer periods than loans or credit cards. Do your sums with our Mortgage calculator.
How much does it cost to get the right to manage?
Using your right to manage is far cheaper than buying the freehold. You pay no fee for the right to manage itself. Yet there are still costs to bear in mind.
With the right to manage, you don't need a valuer, so you save a whole chunk of professional fees.
- Legal fees.
Legal fees vary according to a block's size, but typically start from £500 for a building with two flats to £2,500 for 20 flats. If the case goes to a First-Tier Tribunal, you'll have to pay more, generally an extra £1,500 to £2,500. (All prices are per building, not per flat.)
- The freeholder's reasonable costs.
Leaseholders bear the current freeholder's reasonable costs. These are harder to predict, but could start at £2000 for a block of ten flats, plus VAT. For smaller blocks, the cost could be lower. If you think these costs are too high, you may be able to challenge them at a First-Tier Tribunal.
Be wary of management companies that help you assume the right to manage, charging a low fee, but tie you into a long contract to use their management services.
Buy the freehold: step-by-step guide
The process of buying your freehold typically takes about a year – more if you have a difficult freeholder who is determined to drag it out. You will need expert advice from a solicitor specialising in collective enfranchisement.
To qualify to buy the freehold, the following general criteria needs to be fulfilled:
- There must be a minimum of two flats in the block.
- At least 50% of flats in the block needs to take part in the enfranchisement.
- Where there are only two flats in the block, both need to be taking part.
- All flats taking part must have a long lease (at least 21 years in length).
If you qualify, buying your freehold can be achieved by following the seven steps below.
Quick question:
Step 1. Galvanise the other flat owners
The first job is to see if the other residents are up for it. To buy the freehold, at least 50% of the buildings' flats need to take part, for example, if there are four flats, at least two must agree (if there are only two flats in the building, then both must take part).
Have a chat with the other residents – why not send them a link to this guide? Of course, if other flat-owners can't afford it, don't pressurise them. Try not to stress if you can't get 100% of flats to join in – it could well not be possible.
At this point many will ask "how much does it cost?" Provide an estimate using the how much does it cost section above, but do make clear this could differ wildly from the true cost.
Some blocks appoint a professional project manager to avoid lumbering one flat-owner with a multitude of tasks.
Note. Residents must keep paying current freeholders' service charges until they've bought the freehold. If any leaseholders are in arrears, you must pay their share back before you can take over the freehold.
Step 2. Find a solicitor
Expert advice is absolutely crucial: the solicitor will help to prepare and serve the initial notice and amend the leases.
Don't think just because a lawyer did your divorce, they can do this job too. Ensure you place the project in the hands of a solicitor specialising in collective enfranchisement – freeholders can exploit mistakes made by the ill-advised. To find a specialist solicitor, try The Association of Leasehold Enfranchisement Practitioners' website.
Don't be afraid to consider someone from further afield; they needn't be nearby. It's perfectly possible to use someone in Newcastle when you live in central London, and it can be much cheaper. Check whether the fee is fixed or an estimate.
Remember, the more flats that take part, the cheaper each flat's legal costs. But the more the freeholder tries to drag it out, the more expensive.
The Leasehold Advisory Service advises flat owners to sign legally binding participation agreements to avoid logistical headaches – especially if it's a large block. If there is no agreement, flat-owners may back out at the last minute, and you might not have enough funds or be able to meet the 50% requirement. Your solicitor can help with this.
Step 3. Value the freehold
The next step is to value the freehold. Hire a specialist enfranchisement valuer who is an expert in collective enfranchisement to give a valuation a best and worst valuation, using local experience.
Try the Association of Leasehold Enfranchisement Practitioners' website to find a specialist valuer. Expect to pay £500-£600 per flat, though this might less outside London and the south of England.
Step 4. Set up a limited company
Enfranchising blocks must decide a 'nominee purchaser' who will buy the freehold. This can be a person or group of people, but it's usually a limited company set up by the group of flat owners for the purpose of buying the freehold.
Setting up a company can be done yourself online for £200-£400ish plus VAT, or your solicitor can do it for you. The company needs to be set up before you serve the initial notice on your freeholder.
You'll have to file accounts and elect directors of the company, who will take decisions after you bag the freehold. Your solicitor will help with all this, plus Companies House also has lots of good free advice on starting and running a company.
Flat-owners who volunteer to become a director of the company have the same duties and liabilities as directors of other limited companies. So do consider directors' insurance to protect yourself – your solicitor will be able to tell you more about this.
5. Negotiate the price
Your solicitor may informally approach the freeholder first (if they agree, your legal costs may be slightly cheaper). If this doesn't work, they will issue an initial notice, stating your offer.
From the moment the notice is served, the leaseholders are liable for the freeholders' reasonable legal and valuation costs, so your solicitor should ensure the notice is correct and complete.
The freeholder usually has two months (plus some time for postage) to reply – if they don't, you can force them to sell the freehold at that price you proposed. Assuming they do respond, they'll then come in with a counter-offer and negotiations will bounce back and forth. If you can't thrash out a fair price, you can get the cost decided by First-Tier Tribunal, the arbiter of lease disputes.
You're eligible to go to tribunal from two months after the freeholder's counter notice was due.
Some sneaky freeholders try to stall by claiming they are happy to sell at a fair price, but then mysteriously never finalise details. Your solicitor should be pushing them to complete by the deadlines set out in law, and if they fail to do so, you can make an application to the First-Tier Tribunal (more on this in the step below).
Step 6. Go to a First-Tier Tribunal
If the freeholder drives too hard a bargain, take the case to the local First-Tier Tribunal. It will set a figure. Crucially, remember:
You must apply to the First-Tier Tribunal within six months of when the freeholder's counter notice was due. Miss this window and you'll be lumbered with your freeholder's costs and have to start all over again.
Once you apply, you usually need to wait about four months for a hearing, though it varies. The First-Tier Tribunal sends a written decision. It is possible to appeal in rare cases; consult your solicitor.
The Government publishes lists of past First-Tier Tribunal enfranchisement decisions, though you'll need to be prepared to wade through the legal jargon.
Step 7. Extend your leases and manage your building
Once the matter's settled, it's important to get your solicitor to extend everyone's leases to at least 150 years. The Federation of Private Residents' Associations (FPRA) has a useful pack about what to include in a lease after you've purchased a freehold, which costs £18.
At this stage flat owners take control of the building's management (more details about how to manage a building later on in the guide).
If you have a mortgage you may also need to transfer the mortgage from the old lease onto the new one. Some mortgage companies charge and admin fee for this, which usually starts at £75 but can be more.
Freeholder MUST offer flat-owners the freehold
If a freeholder wants to sell the freehold, by law the must first offer it to the flat-owners in the building – this is known as the Right of First Refusal. It is a criminal offence not to.
Flat-owners may receive a 'Section 5 Notice' from their freeholder informing them that the freeholder wants to sell and the terms of the transfer. If you do not accept in time, the freehold can be sold on the open market. So if you get a notice or find the freehold was sold without giving you notice, contact a solicitor immediately.
Quick questions:
Right to manage: step-by-step guide
Under the Commonhold and Leasehold Reform Act 2002, most leaseholders have the 'right to manage' their building. You don't have to prove any negligence, poor service or wrong doing.
This doesn't necessarily mean managing the building by yourself – many blocks appoint a third party managing agent of their choosing to carry out the management for them.
While many blocks are eligible, you should probably only consider if you've issues with your property management company, for example, excessive service charges, substandard work or aggressive service charge collecting. Though it's always best to contact your freeholder or property management company first to resolve the issues.
The qualification criteria for both buying the freehold and right to manage are the same. So if you can get 50% of the flat owners to participate and have enough money, you may as well go all the way and buy the freehold. For similar effort, the prize is greater.
With right to manage, you still pay for lease extensions and it's unlikely to boost your flat's value.
Is your building eligible?
Not all buildings can get the right to manage – there are a few exclusions. The bullets below give a steer, but bear in mind the law is complicated, so you'll need to ask a specialist solicitor.
- Two-thirds of flats in the building must be leasehold.
- Participating flats must have leases that were at least 21 years in length when granted.
- At least 75% of floor space in the building must be used for residential, not business, purposes.
How to take over the building's management
The process will hopefully be speedier than buying your freehold.
If you have a managing agent in mind to take on the management tasks, it is quite possible they will handle the right-to-manage process for you for free on the understanding you appoint them to manage the building afterwards – though do check you're not being tied into a long-term contract in the process. To find a managing agent, see further help below.
If not, here's how to start the right-to-manage process yourself:
Step 1. Set up a right to manage company.
Try to get 50% of flat owners together first to ensure you have enough people and aren't wasting your time and money.
You will then need to form a right-to-manage (RTM) company. A solicitor could help with setting one up – try the Association of Leasehold Enfranchisement Practitioners' site.
Step 2. Ask the other flat owners to take part.
The new company then formally invites all the building's leaseholders to take part, with a 'notice to participate', which your solicitor will help you draft.
Step 3. Tell the freeholder.
Once at least 50% agree, your solicitor will send a 'claim notice', telling your freeholder you want to take up your right to manage. The freeholder will then either accept or challenge your notice. There is then a period of at least four months from service of the claim notice until the right to manage is acquired.
Some freeholders dispute the claim. Don't give up – they only do it because at this point many flat-owners abandon the claim.
If they challenge, you can apply to the First-Tier Tribunal to take over the management.
Step 4: Take control.
Some blocks then appoint a managing agent to maintain the property, to arrange insurance and also collect flat-owners' service charge dues, etc. See the next chapter for help on managing your building.
You must invite the freeholder to join your right-to-manage company. The logic behind this is that the freeholder still owns the structure of the building and the land it sits on, and so has an interest in how the building continues to be managed.
See the Leasehold Advisory Service website for more info about how to get the right to manage.
Further help & advice
The Leasehold Advisory Service has a wealth of free advice on leasehold law, including service charges, extending your lease, buying the freehold, right to manage and applying to the First-Tier Tribunal.
You can also book a 15-minute free consultation with them to discuss these topics further.
Help managing your building
Sure, it might have been difficult buying your freehold or getting the right to manage, but now the real work starts. At this stage flat owners take control of the building's management, from repairing the roof to changing light bulbs.
Some large blocks pay a management agent to work on their behalf, which collects service changes and arranges insurance. For more information about appointing a managing agent, contact The Property Institute or see the Royal Institution of Chartered Surveyors (RICS) website which lists members that are residential managing agents.
The Federation of Private Residents' Associations has a pack about setting up a residents association, which costs £18. You may also decide to build up a sinking fund to pay for repairs. Your solicitor can advise on all these issues.
This guide will continue to develop over time. Please feed back on how you find this info and your successes and failures.
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