Guide · Buying

Leasehold and freehold: what you own, and 2024 reforms

Freehold or leasehold in England, Wales, Scotland and Northern Ireland, ground rent rules, and which parts of the 2024 leasehold reform Act are in force.

In short

In England and Wales, only some provisions of the Leasehold and Freehold Reform Act 2024 were in force on 14 October 2026. Freehold means you own the property outright, without a time limit. Leasehold means you own it for a fixed period set by a lease granted by the freeholder, and ownership returns to the landlord when the lease ends (GOV.UK). Most flats in England and Wales are leasehold. Scotland abolished feudal tenure and has its own system. Only some provisions of the Leasehold and Freehold Reform Act 2024 were in force on 14 October 2026; the headline changes to lease extensions were not.

The two kinds of ownership

GOV.UK describes leasehold this way: “You only own a leasehold property for a fixed period of time”, under a lease from the landlord, called the freeholder. Most flats are leasehold, and houses can be too, usually when bought through shared ownership. In Northern Ireland the Department of Finance glossary defines freehold (“fee simple”) as land held forever, not restricted to a term of years as in a lease.

Always ask your conveyancer to explain the lease: its remaining length, ground rent, service charges and any restrictions. See service charges and ground rent and conveyancing explained.

Nation by nation

NationPosition
EnglandFreehold and leasehold both exist. Leasehold reform law (below) applies.
WalesThe GOV.UK guidance on leasehold property covers England and Wales; I did not find a separate Welsh regime on the pages read. Check the nation-specific position with your conveyancer.
ScotlandFeudal tenure was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000, which converts land held under feudal tenure into simple ownership and extinguishes remaining feuduties.
Northern IrelandFreehold (“fee simple”), leasehold and fee farm grants exist. A fee farm grant is similar to a lease in that the owner usually pays an annual ground rent, but the owner holds the property indefinitely. The Law Society says apartment buyers will usually obtain a long lease, with common parts handled by a management company.

Ground rent

New leases (England and Wales). Under the Leasehold Reform (Ground Rent) Act 2022, from 30 June 2022 most new qualifying long residential leases cannot charge more than one peppercorn a year in ground rent. For retirement properties the Act does not take effect before 1 April 2023. Exceptions include community-led housing, certain financial products and business leases. For existing leaseholders who agree a voluntary lease extension after the Act, the ground rent on the extended portion is a peppercorn. Statutory lease extensions are unchanged.

Existing leases. A cap of £250 a year on older leases, falling to a peppercorn after 40 years, is a government proposal in a draft Commonhold and Leasehold Reform Bill. I did not find it in force: treat it as an intention.

Northern Ireland. Homeowners whose property is held under a lease or a fee farm grant can redeem (buy out) their ground rent: you pay nine times the annual ground rent, plus the Land Registry fee of £50, plus any unpaid rent. Owners of flats and apartments cannot (nidirect). Example, as a formula: buyout = 9 x annual ground rent + fee + any arrears.

The Leasehold and Freehold Reform Act 2024: what is in force

The Act received Royal Assent on 24 May 2024. Under section 124, most provisions come into force on dates the Secretary of State appoints by regulations. The commencement regulations I read bring into force:

  • 31 October 2024: sections 114 to 116 (remediation of defects, remediation orders, remediation contribution orders) and section 120 as it relates to the Building Safety Act 2022 (SI 2024/1018);
  • 31 January 2025: section 27, which removes the two-year qualifying period before a leaseholder can extend a lease or buy the freehold (SI 2025/57);
  • 3 March 2025: sections 49 to 52 (right to manage: the non-residential limit, costs, compliance, and tribunal matters), and section 64 so far as it concerns the right to manage (SI 2025/131).

Not shown as in force. GOV.UK’s explainer, updated 7 September 2026, describes the 990-year lease extension, the removal of marriage value and the 0.1% limit on assessed ground rent as what the Act “will make” possible, and says the government intends to bring them into force as soon as possible through regulations and a forthcoming Bill. It adds that some enfranchisement reforms are under appeal. Other measures announced when the Act passed, such as the ban on selling new leasehold houses, standardised service charge bills and the ban on buildings insurance commissions, were not in the commencement regulations I read. Check the “changes to legislation” tab on legislation.gov.uk for any later regulations.

What it costs

No official figure applies in general. The costs of a lease extension or freehold purchase depend on the valuation rules in force when the claim is made, so ask a specialist valuer or conveyancer. Ground rent and service charges are set by the lease.

Which professional to consult

A conveyancer reads the lease and reports its terms. A valuer values a lease extension or freehold purchase. A surveyor checks the building.

Frequently asked questions

Is a flat usually freehold?

In England and Wales, GOV.UK says most flats are leasehold.

Can I still be asked for two years’ ownership before extending my lease?

No. Section 27, removing the qualifying period, has been in force since 31 January 2025.

Is the 990-year lease extension available now?

Not according to the GOV.UK explainer of 7 September 2026, which says the government intends to bring it in as soon as possible.

Does Scotland have leasehold?

Scotland abolished feudal tenure in 2000. Ask a Scottish solicitor how any long lease you are offered is treated.

Can I buy out my ground rent in Northern Ireland?

Houses held under a lease or fee farm grant: yes, at nine times the annual ground rent plus fees. Flats: no.

More guides on buying

Sources

All guides · Payotte UK