A guide to buying a flying freehold apartment in Jersey

The ‘Loi (1991) sur la copropriété des immeubles bâtis’, also known as the ‘Flying Freehold Law’, was enacted to enable units (usually apartments) within buildings to be sold on a freehold basis instead of by share transfer. We will assume for the purpose of this briefing that we are dealing with an apartment.

The law provides for the division of a property (the ‘collective property’) into private units and common parts. Ownership of a private unit (an owner in this case being known as a ‘co-owner’) grants outright freehold title to an apartment (and, where relevant, of any garden, patio, parking space or store).

A co-owner is also allocated a percentage interest in the common parts (i.e. the structure of the building, shared access ways and commonly used facilities) and is required to contribute towards their maintenance and upkeep…

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