Updated

GL-F-07

Glossary · Real estate

Freehold and leasehold - outright ownership or a right for a fixed term

Full glossary
2 formsfreehold and leasehold
termthe key parameter of a leasehold
programmemay require freehold

01 / In 30 seconds

The short answer

Freehold
Full, perpetual ownership of a property and, as a rule, the land beneath it
Leasehold
A right of possession for a set term, after which the property returns to the owner of the land
Why it matters
The form determines the price, liquidity, costs and whether the property can be used for a programme
What to check
The remaining lease term, renewal terms, annual payments and restrictions
The main risk
A short remaining term sharply reduces the value and complicates resale

02 / In plain words

What Freehold vs Leasehold means

Freehold and leasehold are two fundamentally different forms of property ownership. Freehold is full, perpetual ownership: the property is yours, as a rule together with the land, and you deal with it with no time limit. Leasehold is a right of possession for a set term, established by an agreement with the owner of the land.

Under a leasehold you in effect own the property for the duration of the right, pay annual charges to the owner of the land and must comply with the terms of the agreement, which often restrict alterations, letting and sale. When the term expires, the right returns to the owner of the land unless it has been renewed on agreed terms.

For the buyer the key parameter is the remaining term. A property with a long remaining term behaves much like full ownership, while one with a short term loses value sharply and becomes hard to resell or mortgage. The requirements of the immigration programme are checked separately: some of them count only full ownership.

A case from practice

A client was offered a property noticeably below market. The difference was explained by the form of ownership and a short remaining term — for an investment purchase for resale this was a poor option. We worked through the economics before the deposit, and the client chose another property.

When it is critical

  • Buying a property for a Golden Visa
  • An investment purchase for resale
  • Buying a flat in an apartment building
  • Acquiring a property with land
  • Assessing the liquidity of an investment
  • Planning the inheritance of a property

03 / What it covers

What is compared

01

Freehold

  • Perpetual ownership
  • Usually together with the land
  • Maximum control
02

Leasehold

  • Ownership for a term
  • Payments to the owner of the land
  • Restrictions under the agreement
03

Money

  • The difference in price
  • Annual payments
  • Effect on a mortgage
04

Risks

  • A short remaining term
  • Renewal terms
  • Difficulties with resale

04 / How it works

How to check the form of ownership

Step 1

Confirm the form before negotiations

Freehold or leasehold - from the seller's documents.

Step 2

Look at the remaining term

How many years remain and how the right is renewed.

Step 3

Study the terms and payments

Annual payments, restrictions on letting and alterations.

Step 4

Check against the programme’s requirements

Whether the programme accepts this form of tenure.

Step 5

Deciding on the property

We buy, negotiate or look for another property.

05 / Key facts

What you need to know

01Freehold

Without time limit

Full ownership of the property and, as a rule, the land beneath it.

02Leasehold

For a term

The right to hold the property under a contract with the landowner, with annual payments and restrictions.

03The key figure

The remaining term

A long term holds value; a short one cuts the price sharply and hampers resale and mortgages.

04Programmes

Not always accepted

Some immigration programmes accept only freehold ownership.

Common mistakes

Not checking the tenure before the deposit

Request the title documents before any payment.

Ignoring the remaining lease term

Check the term, renewal conditions and annual payments.

Buying leasehold for a programme that requires freehold

Check the tenure against the programme rules before the deal.

06 / Expert advice

Igor Vents

How to prepare in advance

The form of ownership is established at the very start, before you become emotionally attached to a property. With a leasehold, three things are looked at: how many years remain, how much the annual payments are and on what terms the right is renewed. And the form is always checked against your programme’s requirements — an attractive price will not help if the property does not count under the conditions.

What we do for you. We check the form of ownership first — together with your programme’s requirements. An attractive price is often explained precisely by a short leasehold, and you need to understand this before the deposit, not at resale.

Igor VentsHead of real estate, Title Deed and property checks

07 / Questions

Frequently asked questions

Freehold is full, perpetual ownership, as a rule together with the land. Leasehold is a right of possession for a set term with payments to the owner of the land.

Because the right is limited in time, and there are annual payments and restrictions on use. The price difference reflects these drawbacks.

The remaining term, the amount of the annual payments, the renewal terms and the restrictions in the agreement: alterations, letting, sale.

Usually yes, but on terms set by the agreement and the law of the country. These terms are studied before purchase, not at the end of the term.

It depends on the programme: some require full ownership. The form of ownership is checked against the programme’s conditions before the deal.

The right returns to the owner of the land unless renewed. That is why a short remaining term greatly reduces the property’s value.

Author: Igor Vents

Reviewed by: Sergej Evdokimov

Sources: European e-Justice — land registers

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Anna Kovalevskaya, lead lawyer at BRIDGES GLOBAL
Anna KovalevskayaLead lawyer, citizenship and residency, 12 years of practice