The way we own property will change in the future: leasehold flats are set to be banned and replaced by ‘commonhold’. We look at what commonhold is and how it works.
KEY INFORMATION
Commonhold is a form of ownership that allows flat owners to own and manage their buildings jointly. And it’s an alternative to the leasehold system. And there are key differences including:
Leasehold with third party landlord | Leasehold following Right to Manage | Leasehold, share of freehold | Commonhold | |
Ownership lasts forever | No | No | Yes – may need to grant new lease | Yes |
Control over your home | Low limited by landlord | Medium | Medium | High |
Third party landlord | Yes | Yes | No | No |
Rules | Set by individual leases | Set by CCS – common to all units | ||
Ground Rent | Yes, according to individual leases | Yes, according to individual leases | Yes, according to individual leases | No |
Paying for shared facilities | Service charge regulated by lease and governed by leasehold law | Service charge regulated by lease and governed by leasehold law | Service charge regulated by lease and governed by leasehold law | Commonhold contributions governed by CCS and commonhold law |
Commonhold was introduced into the UK under the Commonhold and Leasehold Reform Act 2002. However, according to Matthew Pennycook, Minister of State for Housing and Planning, ‘for a variety of reasons it failed to establish itself and is now out of date.’
The government’s White Paper which was published in March 2025 intends ‘to reinvigorate commonhold through the introduction of a comprehensive new legal framework based on the vast majority of the recommendations made by the Law Commission in their 2020 report. This new legal framework will be supplemented by a ban on the sale of new leasehold flats, so that commonhold becomes the default tenure.’
Reserve funds will be mandatory to make sure money is available to maintain the building. And a reserve fund study will be required every 10 years. Also, at the commonhold association’s annual AGM owners may decide whether to set up any additional reserve funds to help them manage future planned expenditure. This should allow unit owners to budget across a number of years, avoiding large one-off bills that can occur in leasehold.
Each commonhold has a ‘rulebook’ called the Commonhold Community Statement, or CCS, which sets out the rights and obligations of the unit owner:
Here’s the step by step process of resolving commonhold disputes.
The rollout to commonhold is expected to be fairly slow as approximately 40,000 flats are built each year. And there may not be a huge incentive for flat owners with a share of freehold to convert to commonhold.
Yes, we expect that over time commonhold properties will be priced higher than leasehold ones.
If you own a leasehold property in a shared building, it may be possible for you and the other leaseholders in the building to convert the building to commonhold. But this currently requires the unanimous consent of the freeholder, all other leaseholders in the building and their lenders.
However, the government is considering options to make the process of converting to commonhold simpler and easier for leaseholders.
Shared ownership properties will be commonhold. It is likely that the joint owners – the housing association and the shared owner will share voting rights.
Not necessarily. For example, bigger flats may have more votes than smaller flats.
It’s not yet clear if retirement homes will be commonhold. We’ll update this page as soon as the information is available.
Currently as we understand it, 50% of lenders have said they will lend on commonhold, and it’s expected that the rest of the market will follow.
Leasehold means you own the property, not the land, and only for the length of your lease agreement with the freeholder. By comparison, freehold means you own the building and the land it stands on indefinitely. Read more in our guide on Leasehold vs Freehold – what’s the difference?
A flying freehold refers to freehold property built over land which does not form part of the property. Some common examples include balconies overhanging someone else’s property and rooms above shared passageways that lie directly beneath. Properties subject to a flying freehold cannot be registered for commonhold purposes under the Commonhold and Leasehold Reform Act 2002.
Commonhold is an alternative to the leasehold system which allows you to own the freehold of individual flats and non-residential units in a building or on an estate.
No, commonhold is not the same as share of freehold. For example, if you own share of freehold you may need to pay ground rent. Also, you’ll pay for shared services by a service charge regulated by lease and governed by leasehold law. While commonhold contributions governed by the Commonhold Community Statement and commonhold law.
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