Can You Get Buildings Insurance On A Flat?

If you own a flat in the UK and you are trying to arrange buildings insurance, the answer depends almost entirely on the lease. In most cases the leaseholder cannot — and should not — buy buildings cover on their own flat. The freeholder is responsible for the whole structure. But there are three important exceptions where you not only can, you must.

The Standard Position

In a typical UK long lease, the freeholder is contractually obliged to arrange buildings insurance for the whole structure of the block. The cost is recovered from leaseholders through the service charge. The reasons this is the default arrangement are:

• The block is a single structural object. Having one insurer covers the roof, foundations, walls and communal areas avoids gaps and disputes between insurers after a major claim.
• The freeholder owns the structure, so the insurable interest sits with them.
• Mortgage lenders for a leasehold flat require evidence of buildings insurance on the block, not on the individual flat.

If you are a leaseholder and the freeholder is doing their job, you do not need (and cannot usefully buy) buildings insurance on your flat. You need contents insurance for what is inside, plus optionally personal liability cover.

Exception 1 — Share Of Freehold

If you and the other flat owners jointly own the freehold, usually through a company, then the company is the freeholder. The company — not each individual — arranges a single buildings policy on the whole block. You can absolutely get buildings insurance in that scenario; the policyholder is the company.

If your share-of-freehold company has lapsed cover or never arranged it, every leaseholder is exposed. Reinstating cover is a priority over almost any other building decision.

Exception 2 — Freehold Flat

A small number of UK flats are sold freehold rather than leasehold. These are rare, often older conversions, and frequently a "flying freehold" where parts of one freehold sit above or below another. Mortgage lenders dislike them but they exist. If you own a freehold flat, you are the freeholder for your structural share and you must arrange buildings insurance for it directly.

This is a niche product. Mainstream insurers often refuse the risk. Specialist freeholder insurers underwrite it routinely. The policy needs to clearly define which part of the structure your demise covers, including any shared roof, foundations or party walls.

Exception 3 — The Freeholder Has Failed To Insure

If the freeholder is obliged to insure the block but has not done so, leaseholders have remedies:

• Request a copy of the current schedule under section 21 of the Landlord and Tenant Act 1985. The freeholder must provide it within 21 days.
• If no policy exists, formally notify the freeholder and any RMC of the breach.
• In the worst case, leaseholders can arrange their own buildings cover on a "leaseholder buildings insurance" or "contingent buildings" basis to protect their own flat while the dispute is resolved.

This last option is not a replacement for the freeholder's duty, and double-insurance issues can arise once the freeholder re-instates cover, but it is far better than going uninsured.

What If My Mortgage Lender Asks?

Mortgage lenders ask leaseholders to confirm buildings insurance is in place. The right answer is a copy of the freeholder's policy schedule and the section of the schedule showing your address and reinstatement value. If the freeholder will not provide it, that is the issue to escalate — not buying duplicate cover yourself.

The Practical Steps

1. Read your lease to confirm who is named as the insuring party.
2. Request the current schedule from the freeholder or managing agent.
3. Confirm the sum insured matches a realistic rebuild cost for the block.
4. Only buy your own buildings cover if you fall into one of the three exceptions above.

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