Buying a share of the freehold for your flat
Eligibility criteria
The right to collective enfranchisement only applies if certain conditions are met.
Leaseholders
To count as a qualifying leaseholder, the leaseholder must:
- have a residential lease
- own no more than 2 flats in the building
- have a long lease - meaning a lease granted for more than 21 years (when it was first granted)
If you have a shared ownership long lease, you must own 100% of your property.
Exception
A leaseholder will not count as a qualifying leaseholder if their landlord is a charitable housing trust and the flat is provided as part of the charity’s work.
Number of qualifying leaseholders you need to take part
The minimum number of qualifying leaseholders you need to participate in collective enfranchisement must be at least half the total number of flats in the building. If there are only 2 flats, both flats must participate.
Building requirements
The building must meet these rules:
- contain at least 2 flats
- at least two-thirds of the flats are owned by qualifying leaseholders
- 75% of the building’s floor space is residential (excluding common areas) - so no more than 25% commercial or business
- It must be a “self-contained building” - meaning a detached building or part of a building that is structurally and operationally independent from it (for example, it could be redeveloped without interrupting the services to other parts of the building)
When working out the two-thirds rule, round up to a whole number. For example, if there are 5 flats, you would round up to 3. If there are only 2 flats then both must be owned by qualifying leaseholders.
As part of the leasehold reforms, the government is planning to reduce the residential floor space requirement from 75% to 50%.
Exemptions
Even if you meet the eligibility criteria there are some exemptions.
Exempt properties
Collective enfranchisement cannot be used for properties:
- in any way connected to an operational railway or related infrastructure
- within a Church of England “cathedral precinct”
- owned by the National Trust
Resident landlord exemption
Collective enfranchisement cannot be used if the property is a building that has been converted into 4 or fewer flats, and the landlord:
- has owned the building since before the conversion, and
- they (or their spouse, civil partner, or a direct adult member of their family) live in one of the flats and have been using the property as their main residence for the past 12 months (the period is calculated from the date of your initial notice)
- Last updated:
- 20 December 2025
- Next review:
- 20 December 2027