Conveyancing .. the legal process for buying, selling, and remortgaging properties

In the UK, most flats (apartments) are sold leasehold, meaning you own the property for a set number of years but not the land it stands on.
A freehold flat is much rarer — it means you own both the flat and a share (or all) of the building’s land outright.

Here’s the key context:

Why freehold flats are rare

  • Legal complications – English & Welsh property law assumes that flats need shared maintenance responsibilities (roofs, walls, foundations). With freehold ownership, there’s no built-in legal mechanism for this, so lenders often see it as risky.
  • Mortgage difficulty – Many banks refuse to give mortgages on freehold flats unless there’s a formal maintenance agreement (often via a deed of covenant).
  • Common alternative – A “share of freehold” setup, where each flat owner has a lease but also jointly owns the building’s freehold through a company or trust.

Where you might find them

  • In converted houses split into just two flats — one owner takes the upstairs flat freehold, the other takes the downstairs.
  • In some very small purpose-built blocks where the freehold is divided.
  • In Scotland, because of different property law, freehold-equivalent ownership (heritable title) for flats is more common.

Things to check if buying one

  1. Maintenance arrangements – Is there a legal agreement for repairs, insurance, etc.?
  2. Mortgageability – Will your chosen lender finance it?
  3. Building safety & structure – Without a managing agent, all responsibility falls on the owners.

If you like, I can give you a short list of ways to find freehold flats in the UK and the traps to avoid when buying one. Would you like me to do that?

This website is owned by and forms a part of the business conducted by Value Conveyancer Ltd, company registration number 09221971. We are partnered with LPL (a trading name of Read Roper & Read Solicitors) who have been awarded the Law Society's Conveyancing Quality Scheme accreditation. More information can be found here.