Should I buy a house with a flying freehold

One of the more unusual terms buyers encounter during the purchasing process is the flying freehold. Here we explain what it is, why it matters and how a chartered surveyor assesses it.

A flying freehold occurs when part of the property you are buying extends over or under an adjoining property. Common examples include a room built over a shared passageway or alley, a balcony extending over a neighbour's garden, a bedroom in one maisonette built over another's living space and a cellar extending underneath the adjacent property.

The most common example is where a room extends over a communal passageway, often seen where both properties access their back gardens via a shared alley.

A flying freehold is not necessarily a reason to walk away from a purchase, but it does require careful due diligence. The key questions that need answering before you commit are who is responsible for maintaining the flying freehold portion, how you access it for repairs, what rights your neighbour has over any part of your property and what happens if problems arise.

These are legal questions your conveyancing solicitor will need to investigate. A property survey will identify the physical extent and condition of the flying freehold, but the legal implications need to be addressed separately.

Where disputes over maintenance responsibilities are not clearly documented, this can create difficulties for buyers and their mortgage lenders alike.

Mortgage lenders can be cautious about flying freeholds, viewing them as higher risk. Some mainstream lenders will decline to lend on properties with flying freeholds, while others will lend subject to conditions.

Many lenders will also require flying freehold indemnity insurance as a condition of lending. This insurance protects against potential losses arising from defects in the legal title of the property or disputes over the freehold arrangement, and your solicitor will be able to advise on whether it is needed.

It is worth confirming with your mortgage broker early in the process whether your chosen lender is comfortable with the flying freehold before you invest significant time and money in the purchase.

When you appoint a chartered surveyor, they will visit the property and assess the flying freehold as part of their inspection. This includes a physical inspection of the flying freehold section, a detailed assessment checking for damp, crumbling masonry or rotting timbers and boundary measurements to identify exactly how much of the property extends over or under the adjacent building.

Where external access such as a passageway is accessible, the surveyor will also assess its condition. They will make specific notes for your conveyancing solicitor on the legal rights and responsibilities relating to maintenance of the flying freehold portion.

Flying freeholds are distinct from party wall situations, though both involve shared structural elements. Your surveyor will note the distinction in their report.

A RICS Level 3 building survey is the most appropriate survey for a property with a flying freehold. A RICS Level 2 HomeBuyer Report will flag the flying freehold but will not provide the same depth of structural assessment. You can compare what each survey level costs on our survey cost page.

If you are selling a property with a flying freehold, having clear documentation of the legal arrangements and any previous maintenance works will help the sale process run more smoothly. Purchasers and their solicitors will scrutinise the legal position carefully, and gaps in the documentation can cause delays or even cause a sale to fall through.

At Surveyor Local, we work exclusively with RICS-accredited chartered surveyors across England and Wales. Our team can arrange a survey quickly and at a competitive price.

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