Who is responsible for the roof in a share of freehold?

Asked by: scraper  |  Last update: September 2, 2026
Score: 0/5 (0 votes)

In a "share of freehold" arrangement, responsibility for the roof lies with the freehold company (jointly with all shareholders) rather than any individual leaseholder. Because the roof is a core structural element of the building, costs for repairs and maintenance are typically divided among all leaseholders according to the percentages specified in their individual leases.

Is the freeholder responsible for the roof?

The freeholder is usually responsible for repairs to: the building structure, including the roof, guttering and external render. any below ground drainage. shared parts of the building, such as lifts and communal stairways.

What are the responsibilities of a share of freehold?

A share of freehold can be better than a standard leasehold because it gives owners more control over building management, service charges, and lease extensions. However, it also means shared responsibility for maintenance and legal compliance – so success depends on good cooperation between owners.

Who owns the loft in a share of freehold?

That will depend on what the leases say. If any individual lease includes ownership of the loft, the loft space will still belong to that specific leaseholder. However, if the loft space belongs to the freeholder or is listed as a shared area, the freeholders will own and be responsible for it.

Whose responsibility is the roof?

In almost all cases, the roof and main structure fall under the freeholder's responsibility, though leaseholders usually contribute to the cost through a service charge.

Roofing Basics | Real Estate Basics | Scott Parman

24 related questions found

What are the disadvantages of share of freehold?

Variable costs: Unexpected repairs or structural issues may lead to high one-off payments. Mortgage challenges: Some lenders view freehold shares as higher-risk and may impose stricter conditions. Potential disagreements: Decisions require agreement among owners, which can delay work or create tension.

Will homeowners insurance pay for roof repair?

If your roof is leaking due to damage from a covered peril, your insurer may pay to repair or replace it, up to the limits of your coverage and minus your deductible. If the roof damage is a result of neglect or wear and tear, it likely won't be covered by your homeowners insurance policy.

Can you renovate a share of freehold property?

In most cases, more significant alterations are possible but you will usually need the other freeholders' permission, often in the form of a license to alter.

Do I own the roof space above my flat?

Although you might use the loft to store belongings and have sole access, ownership still sits with the freeholder. Any structural changes, like a loft conversion, can only go ahead if the landlord gives consent. If they agree, you will then need to purchase the lease of the loft space.

Can you sell a share of freehold?

Yes. If someone decides to sell their share of freehold, it can be transferred to a new owner. If the share of freehold is owned as part of a limited company, a new shareholder can be brought in, with the previous one going in the opposite direction. Speak to a qualified legal expert if you need more guidance.

Who is responsible for repairs with share of freehold?

Freeholders are liable for the maintenance of the building, and this applies even if the freehold is shared by a number of leaseholders. In theory, being a freeholder means that you have greater control over the maintenance of your building. In practice, however, permission is still required from all joint freeholders.

What happens when the share of freehold runs out?

Most share of freehold property owners will extend their lease by way of an informal lease extension, which means they will agree on the length, premium and terms of their lease extension with the other freeholders.

What are my rights as a 33% shareholder?

Minority shareholders (those holding less than 50% of voting rights) have statutory protections that cannot be overridden by a company's articles of association, including the right not to be unfairly prejudiced by majority shareholders or directors acting improperly.

Who pays for a roof?

Homeowners insurance may cover roof damage, depending on what caused the damage. For instance, homeowners insurance may help cover the cost of repairs if hail or a fallen tree damages your roof. Here are some things to consider when it comes to homeowners insurance coverage for a damaged roof.

What to do if your flat roof is leaking?

If your flat roof is leaking, the best next step is to contain the water inside, avoid DIY patching with random sealants, and arrange a roof inspection as soon as possible. In many cases, the leak is coming from a weak point like a seam, outlet, or flashing — and early repair can prevent wider damage.

Are scuff marks on walls wear and tear?

Minor, everyday scuff marks on walls are considered normal wear and tear. They are the natural result of living in a space and walking by walls, moving furniture, or bumping them with items like backpacks.

What are the drawbacks of share of freehold?

Common problems with share of freehold (and how to avoid them)

  • Deadlock over decisions: If owners can't agree on when to do major works or how much to spend, essential repairs can stall. ...
  • Uneven contributions: Tension can arise if one owner doesn't pay their share of costs or resists necessary works.

Is share of freehold good or bad?

Greater control over property

Ownership of a share of freehold flat empowers an owner with increased control over their property, eclipsing that afforded to leasehold properties. Freehold flat owners participate in decisions related to the building, such as maintenance, management, and policy formulation.

What decreases property value the most?

Property values are primarily decreased by location-based factors that are impossible to change, followed by severe structural neglect. While cosmetic updates can be fixed easily, long-term desirability is driven by broader environmental and community elements.

What are the 5 functional requirements of a roof?

The functional requirements of a roof are:

  • Strength and stability.
  • Resistance to weather.
  • Durability and freedom from maintenance.
  • Fire safety.
  • Resistance to the passage of heat.
  • Resistance to the passage of sound.
  • Resistance to air leakage.
  • Security.

Who owns the roof in a flat?

In a leasehold flat, the freeholder (or landlord) usually owns the roof and the building's main structure. While you own the interior of your flat, the roof is considered a communal or structural part of the building, meaning the freeholder is responsible for its repairs, often funded through service charges.

How much space above my property do I own?

The landowner owns at least as much of the space above the ground as he can occupy or use in connection with the land. The fact that he does not occupy it in a physical sense — by the erection of buildings and the like — is not material.

Does share of freehold mean you own the land?

Share of freehold means owning both a lease for the flat unit itself, and some form of ownership of the freehold - separately. The terms of the lease - since you're always be buying a lease as that's the tenure for a flat - will determine what the freeholder (which you may have a partial ownership of) can do.

How much does share of freehold add to value?

Marriage value.

If your lease is 80 years or less, you'll also need to pay 50% of the flat's 'marriage value' (there's no marriage value to pay if the lease is over 80 years). This is the amount of extra value a share of the freehold would add to your property.

How to transfer a share of freehold?

Contact the other registered owners

If you are one of the registered owners of the freehold, there will be a formal deed to transfer ownership. This deed transfers ownership from all the existing owners (including yourself) to your buyer and the remaining existing owners.