Do I need a solicitor to buy a freehold property?

What is a freehold property?

A freehold property is one where you, the buyer, own the property and the land it sits on. This full ownership contrasts with leasehold ownership, where you only own the property itself for a set period, usually as part of a long-term lease.

When you own a freehold, you’re in control—there’s no lease expiring, and you don’t owe ground rent to anyone.

Buying freehold is especially common for houses in the UK, and many first-time buyers prefer it for the simplicity and control it offers.

Another common scenario is when leaseholders want to buy the freehold on a property they currently occupy under a lease, allowing them to fully own their home and avoid leasehold restrictions.

Freehold vs. leasehold property: what is the difference?

The biggest difference between a freehold and a leasehold property is ownership duration. 

With freehold, you own the property indefinitely, while leasehold limits ownership to a specific term (for example, 99 or 125 years), after which the property reverts to the freeholder unless the lease is renewed.

The responsibilities also differ. Freehold property owners are solely responsible for the property’s maintenance without needing to pay ground rent or seek permission for most modifications.

Leasehold ownership can involve paying ground rent and sometimes service charges to the freeholder, who may also restrict changes to the property. This means a leaseholder, unlike a freeholder, doesn’t have the same freedom to make alterations or renovations.

In the UK, most houses are sold as freehold, while many flats are leasehold.

The Leasehold and Freehold Reform Act of 2024 introduced major updates to benefit leaseholders, making it easier and more affordable for them to buy their freehold, extending lease terms to 990 years, and banning most new leasehold house sales.

This act also gave leaseholders more transparency and control, making buying freehold properties a more accessible option than before. 

Generally, a house buyer would likely prefer freehold for long-term ownership, while flats may remain leasehold due to the shared nature of the building.

Do you need a solicitor to buy a freehold?

Legally, you don’t have to hire a solicitor when buying freehold. However, the complexities involved often make it highly advisable.

A solicitor is invaluable when buying freehold from a previous leaseholder or dealing with complex ownership arrangements.

A solicitor’s role in this process includes conducting important legal checks, handling contracts, and ensuring your new ownership is properly registered with the Land Registry. 

In cases where the freehold is shared among multiple leaseholders or if there are disputes over lease terms, a solicitor becomes even more crucial.

They can navigate the complexities and protect your interests, ensuring the process is as smooth as possible.

What is the process of buying a freehold with a solicitor?

Buying a freehold property typically takes a few months, though the process can vary based on the property’s complexity. For example, leaseholders purchasing the freehold of flats might face longer timelines, particularly if multiple parties are involved.

Valuation

The valuation can either be arranged by you or through your solicitor, and it’s essential to determine the cost of buying freehold. If you need an independent valuation, this will give you a benchmark for negotiations, as it is the fair price based on the current market value.

Offer and negotiation

Once you know the property’s value, you’ll make an offer. The negotiation may go directly through the solicitor, who can help ensure terms are clear, especially if you’re buying from a freeholder who’s used to leasing the property out.

Legal checks and searches

This is a critical step that a solicitor handles, as they conduct various searches and review the title deeds to ensure there are no legal issues that could complicate ownership.

If any issues arise, such as unclear boundaries or existing disputes, your solicitor will work to resolve them or may advise renegotiation if the findings impact the property’s value or use.

Contracts and completion

The solicitor prepares the transfer of title deed, arranging for both parties to sign and finalise the sale. This stage requires meticulous attention to detail, as any mistakes could impact the security of your ownership.

Land Registry registration

Once the purchase is complete, the solicitor registers the transfer with the Land Registry. This final step formalises your ownership and ensures you’re officially recognised as the freeholder.

What are the costs of buying a freehold, including solicitor fees?

The cost of buying freehold varies depending on the property’s specifics.

Below are typical costs to consider:

• Freehold purchase price: This depends on market value or, in some cases, a pre-agreed amount with the seller.
• Valuation fees: These are sometimes required if you need an independent valuation, especially when buying freehold from someone who may have a different perception of the property’s value.
• Solicitors fees to buy freehold: Generally, solicitors fees for buying freehold range from £500 to £1,500, depending on the property’s complexity and location. Many solicitors offer an initial overview of costs, and it’s worth comparing fees. Asking for a breakdown of charges upfront is advisable to understand exactly what’s included.
• Land Registry fees: Required for registering ownership, Land Registry fees range from £20 to £1,105, depending on the property value and the nature of the registration.
• Additional fees: Other charges may include administrative fees if formal processes are involved in purchasing from an existing freeholder.

Get expert financial advice

While you can technically buy a freehold property without a solicitor, their expertise helps ensure a secure transaction.

From legal checks to registration, a solicitor manages the complexities, safeguarding your interests and helping you navigate the cost of buying freehold effectively.

Let Unbiased match you with a professional financial adviser to guide you confidently through every step of your property journey.