Statutory Diligence GuideUpdated October 2026Follow on Google★

Is It Difficult to Get a Mortgage on a Flying Freehold Property in the UK?

Statutory Source: UK Finance Mortgage Lenders' Handbook (Section 5.14) & Law of Property Act 1925

Quick Answer: Is It Difficult to Get a Mortgage on a Flying Freehold Property in the UK?

It can be challenging, but getting a mortgage on a flying freehold is entirely achievable with major UK high street lenders if the flying portion represents 15% or less of the gross internal floor area. Lenders including Halifax, Nationwide, Santander, and Barclays will lend on flying freeholds up to 15%–25% provided the conveyancer confirms adequate rights of support and shelter, or procures a standard flying freehold title indemnity insurance policy (£150–£350). However, conservative lenders like Virgin Money or Coventry Building Society decline flying freeholds regardless of percentage.

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UK Finance Lenders' Handbook Section 5.14 Policy

Under Section 5.14 of the UK Finance Lenders' Handbook for England and Wales, conveyancing solicitors are under a strict duty to inspect flying freeholds.

Section 5.14 mandates that the title deeds must contain adequate reciprocal rights of support, protection, and entry for repair. If such covenants are absent, the conveyancer must report the defect to the lender or arrange a title indemnity policy.

Different UK mortgage lenders adopt varying tolerance thresholds:

• Halifax / Bank of Scotland: Accepts flying freeholds up to 25% of gross floor area with indemnity.

• Nationwide Building Society: Considers flying freeholds acceptable up to 15% without formal referral; up to 25% with indemnity.

• Barclays: Accepts minor overhangs provided standard rights of support exist.

• Virgin Money / Coventry BS: Typically declines any property with a flying freehold element.

Major UK Mortgage Lender Policies on Flying Freeholds
Mortgage LenderTolerance Limit (% of Floor Area)Indemnity Policy Required?Policy Wording / Rule
HalifaxUp to 25%Yes, if covenants absentAccepted if fully supported by title indemnity
NationwideUp to 15% (Flexible to 25%)Yes, mandatory over 15%Acceptable provided marketability is unaffected
SantanderCase-by-Case (typically <=20%)YesRequires surveyor confirmation of structural support
BarclaysUp to 15%YesSubject to conveyancer certification under Sec. 5.14
Virgin Money0% (Declined)N/ACategorical refusal of flying freehold titles

The Essential Role of Title Indemnity Insurance

Where title deeds lack express rights of support, conveyancers resolve the issue by purchasing a Flying Freehold Title Indemnity Insurance policy.

For a one-off single premium of £150 to £350, the policy protects the homeowner and mortgage lender against financial loss if the supporting neighbour refuses repairs, allows the structure to collapse, or blocks access for essential maintenance.

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from UK Finance Mortgage Lenders' Handbook (Section 5.14) & Law of Property Act 1925 under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.