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Buy or Sell Share of Freehold

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Affordable help for buying or selling a share of freehold. Save on legal fees with Lawhive. Get a free case evaluation today.Next steps

How much does help with Buy or Sell Share of Freehold cost?

The cost for a licensed solicitor to help with Buy or Sell Share of Freehold is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £599-£699 but in some cases it could cost as much as £899.

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If you’re looking to buy a flat you will most likely have come across the term share of freehold. Even if you do have somewhat of an understanding of what this phrase means there are complexities that buyers need to consider.

This guide is also for sellers of freehold property and we explain how to extend your lease on a share of freehold.

Share of freehold essentially means that leaseholders collectively own shares in the freehold of a building, meaning the building itself, rather than only the flat you own.

In this comprehensive guide for individuals and businesses looking to buy or sell a share of freehold property, we cover the benefits and risks of owning a share of freehold. We also explore the legal processes involved in buying or selling, and the implications for property owners.

The page aims to inform you about the complexities and advantages of share of freehold transactions and the benefits of seeking expert legal assistance from Lawhive.

We’ve written this for: 

  • Homeowners looking to buy or sell a share of freehold property

  • Property investors and developers

  • Legal professionals advising clients on property transactions

  • Individuals exploring the benefits of share of freehold ownership

Lawhive property solicitors can guide you through the process of buying or selling a share of a freehold property expertly, saving you time and money. Get in touch with us today for a free case assessment.

What is a share of freehold?

There are two main types of share of freehold legal structure, they are:

  • Joint ownership – you are registered as an owner of the freehold title alongside other flat owners in your block. This can only occur when there are no more than four flats in a block. This is because no more than four people can be registered as joint proprietors of a freehold title

  • Company ownership – or you may be a member of a legal business structure that owns the freehold of a building. Some or all the other flat holders may be members of the company with you

Freehold vs leasehold

It is useful to compare freehold with leasehold and share of freehold to understand the key differences between these types of property ownership and the implications for property owners.

The key difference between leasehold and freehold is that freeholders own both the land a property is built on and the property itself. Leaseholders only own the flat and not the building or the land on which the building is constructed on. The building of a block of flats is owned by the freeholder, while the leaseholder rents an individual flat from the freeholder. 

If you have a share of freehold you own a share in the freehold of your building, often with other leaseholders.

Benefits of buying a share of freehold

It might seem unfair that you own a flat but still don’t own the land your flat is built on. Fortunately, in the last few years legislation has improved leaseholder’s rights by giving leaseholders the opportunity to take over the freehold in their building from the freeholder or take over the management of their building. 

There are some significant benefits to owning a share of your building’s freehold:

  • Increased control over property – by owning a share of freehold alongside other owners, collectively you as fellow leaseholders will have a say in the control of the management of the property, including maintenance and the decision-making process for the building. Buildings are usually maintained to a higher standard when leaseholders are in control as they have a greater say in upkeep. Owning a share of the freehold will also give you greater control of lease terms, especially if you want to extend. Freeholders can usually extend their leases up to 999 years easily, typically without cost. This avoids the complexities of negotiating with freeholders and the expense of extending a lease under a different landlord and freeholder. Explore our lease extension services

  • Potential for higher property value – a share of freehold ownership can increase the value of the property. This is because they are more attractive to buyers mostly for the reasons mentioned above and below. When you sell your flat in the future, having a share in the freehold will make it more marketable, increasing your chances of finding more buyers and getting a competitive selling price

  • Lowering costs and fees – service charges and ground rent can be reduced when leaseholders collectively agree, this can be the case when leaseholders work together to get the best value for money from service providers and eliminate the costs of management companies 

Risks and considerations

When weighing up whether to buy a share of the freehold of your building or not, there are some risks worth addressing and considerations that can help you make your mind up. 

Management responsibilities

Taking on a share of the freehold of your building gives you added freedom to control the property as you see fit, however, it also comes with added responsibilities. 

You and your fellow leaseholders will be responsible for organising property maintenance and management. This added responsibility can be a lot to handle, especially if you have many other responsibilities and demands on your time

Disputes among freeholders can also be common. It’s worth knowing that disagreements or disputes with other leaseholders about how the building should be managed can lead to delays and complications in managing the property effectively. 

If you are involved in a dispute, you may be able to negotiate a settlement using mediation. A mediator, an impartial professional can help both sides work out an agreement. It’s a confidential process and typically quicker and cheaper than going to court.

There are some legal complexities to buying or selling a share of freehold. If you want to sell your share of a freehold you will have to follow a collaborative process. You will need to consider collective decision-making, as you will require agreement from your fellow shareholders to sell your share.

You’ll likely require legal advice as it is a complex procedure to navigate. 

Once you get permission from your fellow shareholders you will need to get your share valued and determine a fair value for your property with interested buyers.

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When buying a share of freehold there are some initial considerations to make which will help you determine if this is the right property purchase for you. 

The initial steps in purchasing a share of freehold, include financial considerations and legal due diligence. You will need to work out whether you have the financial resources to purchase a share of the freehold and if so, negotiate the purchase with the existing freeholders

To determine the value of the share of freehold you may require the assistance of a professional surveyor experienced in freehold valuations. 

You can support the surveyor’s valuation by providing them with details about the ground rent, lease terms, property condition and potential for development. 

The surveyor will use this information to create a detailed valuation report, which will outline the freehold value and the process for determining this. 

If you have the financing in place, are happy with the surveyor’s report and have negotiated with the existing freeholders, it’s time to start drafting and reviewing contracts.

Certain legal contracts are essential in the purchase process, including reviewing the freehold agreement to ensure compliance with relevant laws. The freehold agreement will indicate whether you need to pay ground rent and service charges to maintain the building. 

A transfer of freehold share finalises the process. You will need to transfer the share of

the freehold. This is a process where the ownership of freehold is transferred to you from the

current owner by a formal deed to transfer ownership. 

Your solicitor will need to submit the deed for registration at HM Land Registry. The seller’s solicitor will prepare the transfer for the other freeholders to sign. The purchase cannot be completed until the deed is signed by all owners. 

Difficulties can arise when other flat owners don’t live in their flat, especially if they are not resident in the UK. The owner may be a company or have died, so it is important to establish communication with the owner as early as possible when looking to sell.

Selling a share of freehold involves gathering necessary documents and getting a professional valuation.

You will need to provide the following documents:

  • A copy of your lease – this outlines how many years are left on your lease, and details the ground rent and service charge 

  • Title deeds

  • Energy performance certificate

  • Fittings and contents form

  • Property information form

  • Building regulations certificate 

  • Warranties and guarantees

  • Leasehold pack 

  • Proof of ID

When selling your property, you will need to market the share of freehold attractively to entice buyers. To effectively market the share of freehold to potential buyers you may want to look at how long you have remaining on your lease, if you have fewer than 80 years left on your lease you may want to consider extending. This is because leases are considered short when they have fewer than 80 years remaining. Buyers see this as a short period as it may not last their lifetime, or they may want to gift the property in their will. 

The less time left on your lease the more the value of your house can reduce. It can also make it hard to find buyers – with longer left on your lease you will see a greater number of potential buyers and boost your valuation

After finding an estate agent with experience selling leasehold properties and putting the house on the market you will need to negotiate a selling price with interested buyers. 

A well-drafted sale agreement should be drawn up. This is a legally binding agreement between you and the buyer outlining the terms and conditions of the sale. It records the terms of transfer and payment and the penalties in case of non-transfer or non-payment. This protects the interests of both parties. 

The final steps are the transfer of the property and completion. As with buying a share of freehold, the ownership will need to be transferred and Land Registry records updated.

Costs and fees involved

There are a range of costs and fees to consider:

  • Legal fees - solicitor fees, conveyancing, and registration

  • Valuation and survey costs - estate agent's fees for property valuation and conveyancing fees for property surveys 

  • Ongoing costs for owners - ongoing costs for those buying a share of freehold maintenance contributions (ground rent, service charges) and building insurance

Why choose Lawhive for buying or selling a share of freehold?

There are many good reasons to use our solicitors, here are three that our clients mention:

  • Lawhive’s freehold expertise - Lawhive property solicitors specialise in property law, with a particular focus on the complexities involved in buying or selling shares of freehold

  • Marriage of technology and legal expertise - we leverage technology to provide efficient and cost-effective services

  • Client-centric approach – we focus on understanding client needs and delivering tailored legal solutions

The benefits of buying a share of freehold include more control over building management and maintenance and an easier lease extension process. However, it is important to consider lease length, and time commitment requirements when buying or selling a share of freehold.

If you need assistance in buying or selling a share of freehold, get in touch with Lawhive solicitors for professional legal advice to navigate the complexities of share of freehold transactions. Get in touch for a free assessment now.

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