Should I Buy Share of Freehold?

Buying the Freehold in Notting Hill

According to your needs, you can choose between two options to find a solution: extend your lease or apply for the “right to manage” your Notting Hill building. To take over the management of your building, you need to work with other leaseholders to do so, and the same is true if you go the route of collective enfranchisement.

What is Freehold Valuation?

There are several reasons you might wish to get a freehold property valuation carried out in Notting Hill. You might want to add value to your property and need to know its accurate market value to negotiate that process successfully. Or, you might be a leaseholder in a building where the freehold is held by someone else. If the latter is the case, you might be in a position to collectively buy the freehold under something called the Leasehold Reform, Housing and Urban Development Act 1993 (the “leasehold reform Act”). To see if this is true for you, and to find out how much money you might be required to pay for this acquisition, you’ll need to enlist the services of an RICS registered valuer to produce a report with expert evidence. Here are some of the benefits of collective enfranchisement: 

  • acquiring freehold ownership
  • leasehold value increase
  • lease extension up to 999 years
  • elimination of ground rent, service charge and landlord fees

Extending the Lease instead

An alternative way to gain added years is to extend the lease instead of purchasing the freehold. In most cases, this is the more economical route to take, and it certainly is the more straightforward one. For different reasons, both added years and management under a society in terms of collective enfranchisement can be dealt with under the relevant principal Acts of Parliament. In seeking to achieve either aim, the right to manage can sometimes be a useful tool to have in the toolbox.

Cost of Lease Extension

Lease extension and collective enfranchisement costs go up as the number of years remaining on a lease goes down. After the 80-year mark, you may want to think about acting. If you’re at 75 years left or less, you definitely should engage with this process now, because the cost only goes up as time goes on. If you’re in this situation, you and your fellow flat owners can buy the freehold from the current freeholder and, under most circumstances, can extend your leases at no charge.

Value of Notting Hill Freehold Purchase

To calculate the likely premium to be paid for the freehold, you will need to use one of these as your basis. First, you estimate the current value of your flat or building. To get this figure, you could hire an RICS Chartered Surveyor, who would provide the figure after conducting what is known as a market valuation. Or you could use a freehold calculator, which will require these figures: 

  • present value of the freehold
  • annual ground rent
  • remaining number of years on the lease

Do You Pay Stamp Duty when Buying Freehold?

When acquiring a freehold property, there is a financial aspect that cannot be readily dismissed: the Stamp Duty Land Tax (SDLT). This tax is applied at the time of purchase and is levied on houses and plots of land. What you pay depends not only on the size of the property but also on a few other key factors that are important for you to understand:

  • Payment Threshold and Rate: when the freehold runs to more than £250,000, you could be liable to pay stamp duty. SDLT is charged at rates that range from 5 to 12% of the property’s value, depending on which price bracket it falls under. 

  • Estimating Your SDLT: several online platforms have set up calculators to help buyers put a number to their potential exposure to SDLT.

  • Surcharges for Second Homes: the published rates pertain to individuals who possess a single property; however, if you are in the market for an additional property or your second home, be aware that you will incur an extra charge. In England and Northern Ireland, that charge is 3%. In Wales and Scotland, property buyers face a charge of 4%.

  • Exemptions and reductions: some exemptions and reductions are available, especially for first-time buyers and certain property types. A property solicitor or tax expert can guide you through the process and help you determine whether you qualify for any reductions.

     

Acquiring a freehold is a thrilling endeavour, but it can also be a costly one if you are not privy to the total price upfront—stamp duty and all. With a bit of advance planning and the proper amount of consultation, though, you can help ensure that the experience is a smooth one, financially and otherwise.

Benefits of Collective Enfranchisement in Notting Hill, London, Bristol, Manchester & Cardiff

Some reports suggest that when two apartments are, in almost every way, the same—except that one has a lease and the other is a share of freehold—then, generally speaking, the freehold flat could fetch quite a bit more when it comes time to sell. Most surveyors will usually add 1% to the value of a flat in relation to the share of freehold.

The upsides of collective enfranchisement can be summed up as follows:

  • you and your neighbours can extend your leases (with the help of a surveyor and a lawyer) for up to 999 years at no cost (other than legal and surveyor fees). 
  • you don’t have to pay any ground rent after the first extension (unlike the price of a new lease, which typically requires some ground rent payments). 
  • your property (999 years of your ownership) will be appreciably more valuable to potential buyers. You are now free to choose your own managing agent and service providers. 
  • you can make just about any decision regarding your property without first asking the Landlord for permission.

Problems with Shared Ownership Valuations

Even if shared ownership’s other perceived advantages make it an attractive option, its valuations aren’t without problems. One of these problems is that shared ownership properties are usually at a discount to the market price, and that discount isn’t always applied consistently or fairly.

Failure to achieve a fair and consistent discount price can create a situation that, in the long run, is disincentivizing to shared ownership because the avenue becomes less affordable.

Another matter is shared ownership’s special nature. This model is a partnership-type arrangement between the resident and the housing association, so it is bound to have its share of disagreements, especially over property valuation. Now, the housing association is likely to want the property it has shared ownership in to be valued as highly as possible, since that would maximize its return in the event of resale or staircase. You, on the other hand, might prefer as low a valuation as possible, since that would minimize your financial outlay.

Furthermore, shared ownership trusts might not increase in value at the same rate as those on the open market, due to resale and buyer eligibility caps, an important consideration for shared owners looking to cash in on property market growth.

Is Shared Ownership Valuation Needed?

If you plan to purchase a larger portion of your shared ownership home, you will need an accurate valuation from an RICS-accredited surveyor. The valuation is valid for 3 months. So, reach out to us and a member of the Notting Hill Valuation Surveyor team will conduct a Shared Ownership Valuation for you.

What’s included in a Full Building Survey?

The Full Building Survey report includes the following:

  • Inspection of accessible parts of the main building and any outbuildings.
  • Assessment of major and minor faults and implications.
  • Speculation on possible hidden defects.
  • Structural review of the property (including timber).
  • Checking all services (gas, electricity, hot water, heating, etc.).
  • Description of construction materials used (damp-proofing, drainage, and insulation).
  • Testing for dampness in the floors, ceilings, and perimeter walls.
  • Reported valuation of the property for insurance reinstatement or market purposes (optional).

Difference between Homebuyer Survey and Full Building Survey?

When it comes to the detail that the surveyor will go into concerning defects, repairs, and maintenance, the Homebuyer Survey is fairly standard. Full Building Surveys, however, are more refined and go into more detail about possible and likely defects. Repairs and maintenance are covered in more detail. The Survey cost depends on the age, size, and value of the property.

What will be inspected by the Building Surveyor?

The analysis they undertake is a visual inspection. This means that, for the most part, the building components that can be seen will be looked at and assessed in accordance with the surveyor’s remit. The Home Survey Report will show you the visible defects and then go on to discuss the kinds of partially hidden or totally hidden defects that the surveyor thinks you should be aware of. It will also try to clarify what kinds of repair work need to be done and the nature of the repairs. The survey is effectively a way to consider “defects” and their potential impact on the building.

What is in a Building Survey Report?

A Building Survey Report contains the most important information for understanding the condition of a property. The surveyors that undertake the work follow a set procedure. The first part of the report contains a general overview of the property and its surroundings. The second part details the major and minor problems with the property’s components, inside and out. These problems range from serious structural defects to issues with doors or windows that don’t close properly, and everything in between. The report is written in clear English, complemented by diagrams and photographs. If any of the problems found are what a surveyor might consider important, that’s what the report indicates—using clear and unambiguous language.

Condition Ratings in a Building Survey Report

Surveyors usually use a tick box to indicate methods of repair when drafting a building survey report. They are also required to comment on the timescale of any repairs. A condition rating is typically included: what needs to be addressed immediately, what is in the process of deteriorating but is in reasonable condition, and what has not deteriorated at all.

What Checks are carried out by a Building Surveyor?

A building surveyor is responsible for a variety of checks and tests during a building inspection. These could be checks or tests for damp and woodworm, or they could be visual inspections of the building’s structure. In building surveying, there are visual inspections of roofs – checking for tiles and slates (if applicable) and also checking for leadwork (if applicable) and looking at the junctions between roof and wall. If the wall structure has brick in it, the surveyor will visually check for any “spalling” (brick breaking apart visibly) and any bulging (brick failing to hold its place visibly), for example.

Recommendations of Repair in Building Surveys

If defects need fixing immediately, then the options recommended for this survey specify what to repair and give some idea of how long the problem has existed. For the most part, this survey describes recommended repair approaches that are standard in the industry and that do not require excessive expenditure. Future maintenance is also discussed, including what to expect when the problem being surveyed is not repaired and what to expect with repairs that are made but with questionable methodology.

Legal Information in Building Surveys

Your surveyor will explain some of the legal aspects of purchasing the building, covering—in as much or as little detail as you desire, and their implications, but this is subject to your solicitor verifying.

Valuations & Reinstatement Cost

You might consider having a separate market valuation done to determine whether the property’s asking price is warranted. You’ll also need a reinstatement cost valuation for insurance reasons.

Who requires a Building Survey?

RICS’s industry guidelines suggest building surveys for properties that are large, very old, in some disrepair, or have unusual features. Building surveys are also recommended if you plan to do any significant renovations or extensions.

Do You need a Home Buyer Survey?

If you’re purchasing a relatively modern home that’s in decent shape and built to ordinary standards, then a Home Buyer Survey is an acceptable choice. If you want the assurance of an inspection and report that are pretty much guaranteed to turn up any issues that might be hidden or just hard to see, then you should go for a Full Building Survey instead.

Home Buyer Survey v Full Building Survey

The Full Building Survey is more detailed; it is more specifically tailored to the property your surveyor would be inspecting. It also comes with more advice on the visible defects found and on the potential hidden defects that they suspect may be present. Your surveyor will illustrate reports with photographs so that you can clearly see what has been discovered. Both the Home Buyer and Full Building Surveys describe the repairs needed, the order in which the repairs should be done, and the kind of “maintenance measures” that will be required to keep the property in good condition.

Is a Valuation included in a Home Survey?

A HomeBuyer Report does include a market valuation as well as reinstatement costs. However, a Full Building Survey does not. The main reason for the differences in what is and isn’t included in the two types of reports is how focused the reports are on the condition of the property. The Full Building Survey is the most in-depth and comprehensive survey of a property that you can have done.

Time Needed for Probate Valuation

Instructions from Executors and solicitors are promptly processed by the RICS Valuers. Visits to the properties usually occur within 1-2 weeks and often even sooner. After the inspection, the valuation report is usually completed in 3-4 days. The copy—both for yourself and for tax purposes—will be delivered to you quickly by the surveyor.