Does a flat own its garden, parking space or storage, what buyers need to know

You've fallen for a flat. It has a little patio, a parking bay out front and a storage cupboard in the basement. The estate agent mentions all three in the same breath as the flat itself. But here's the thing: those three extras could each have a completely different legal status. One might be yours forever, one might be yours only while the lease runs, and one might not be yours at all.

Getting this wrong is expensive. If a parking space is only licensed rather than leased, the freeholder can withdraw it, sell it to someone else or charge you more for it. If a garden is included in the lease plan but nobody noticed it's actually on a separate title, your solicitor needs to know before exchange, not after. So let's walk through how each type of extra space is typically held, and exactly how you check.

There are broadly three legal arrangements you'll come across.

First, the space is demised within the lease itself. Demised just means it's formally included in what the lease grants you. The lease plan will show it edged or coloured in the same way as the flat, and the written description will refer to it. This is the strongest position. You have the same rights over that space as you do over your front room, for the same term as the lease.

Second, the space is on a separate leasehold or freehold title. A parking bay or a lock-up garage sometimes has its own title number at HM Land Registry, completely separate from the flat. That title might be freehold or it might be a long leasehold. Either way, it's a distinct legal interest that gets transferred to you at completion alongside the flat. It should appear in the contract as a separate item.

Third, the space is only licensed. A licence is permission, not ownership. It gives you the right to use a space, but it doesn't create a property interest. Licences can be personal to you, non-transferable, terminable on notice and excluded from the sale entirely if the freeholder decides that's what the documents say. Many parking spaces and bike stores in purpose-built blocks are licensed rather than leased, and buyers are genuinely surprised when their solicitor points this out.

A private garden attached to a ground-floor flat is usually demised within the lease, meaning it's included in the lease plan and you're responsible for maintaining it under the lease terms. That's the most common arrangement and it's a solid one.

But not always. Some conversions, particularly Victorian houses split into flats, have gardens that were never formally allocated. The lease might refer vaguely to a 'right to use' the rear garden, which sounds fine but is actually closer to a licence than a demise. Others have gardens that are technically common parts, with all leaseholders having equal rights to use them, even if one flat has always treated it as private.

Then there's the shared garden on a separate freehold title, sometimes owned by a residents' management company of which you'll be a member. That's different again. You don't own the garden directly, but as a shareholder in the company that does, you have a stake in it.

Always ask your solicitor to confirm exactly what the lease says, and to check whether the garden appears on the lease plan. A plan that shows the flat but leaves the garden in an uncoloured area is a red flag worth querying.

Parking spaces are where things get complicated fastest. In a purpose-built block, your bay might be demised in the lease, allocated by a separate licence agreement, or simply described in the lease as a right to park in a designated space. Those three things sound similar but they're legally very different.

A demised parking space is the best outcome. It's yours for the lease term, you can usually sublet it if you want, and it transfers with the flat.

A right to park granted in the lease is also reasonably strong. It's a legal easement over the car park, but it's not a demise of a specific physical area. You have the right to park, but the freeholder might be able to move which bay you use.

A licence to park is the weakest. Check the licence document carefully. Does it transfer to a buyer? Does it expire independently of the lease? Can the freeholder terminate it on notice? Your solicitor needs to read the actual document, not just the estate agent's description.

Storage rooms and bike stores are usually licensed rather than demised, especially in newer blocks. That doesn't make them worthless, but it does mean you should ask whether the licence transfers to you on completion and what the ongoing terms are. Some licences require a separate annual fee to the freeholder.

You don't have to wait for your solicitor to start looking. HM Land Registry lets you download documents yourself via gov.uk. It costs seven pounds to download the title register, seven pounds for the title plan and seven pounds for a copy of the filed lease if one has been lodged. The free search will tell you only whether the property is freehold or leasehold and its title number, so you'll need to pay for the actual documents to see anything useful.

Once you have the lease plan, look for how different areas are coloured or edged. The lease itself will explain what each colour or edging means, typically in a schedule or in the definitions section. The flat itself is usually edged red. Included extras like a garden or parking bay might be edged blue or shown in a different colour entirely. If a space you've been told is included doesn't appear on the plan at all, that's a serious question to raise before you go any further.

Also check whether there's a separate title number for the parking bay or storage unit. You can search each title number individually on Land Registry. If the parking space has its own title, you need to confirm it's being transferred to you and that it appears in the contract.

Get specific answers in writing to these questions before you exchange contracts.

1. 1Is the garden, parking space and storage room each demised within the lease, held on a separate title or only licensed?
2. 2If any of them are licensed, does the licence transfer to me on completion, and on what terms?
3. 3Does the lease plan clearly show each space as included in the demise?
4. 4If a space is on a separate title, is that title being transferred to me at completion and is it in the contract?
5. 5Are there any ground rents, service charges or separate fees payable for any of these spaces?
6. 6If the parking or storage is licensed, can the freeholder terminate that licence, and on how much notice?

These aren't awkward questions. A good solicitor will be asking them anyway. But if you ask them yourself, you'll understand the answers when they come back, and you'll know if something's been missed.

The Leasehold and Freehold Reform Act 2024 made some changes to how leasehold works in England and Wales, but many of its provisions are still not in force and some have no confirmed start date yet. If any advice you receive about your lease depends on recent law changes, ask your solicitor to confirm the current position, because the picture is genuinely still shifting.

What hasn't changed is the basic principle that a demise is stronger than a licence, and that checking the lease plan is non-negotiable. Whatever reforms eventually come in, the documents you sign at exchange will govern your rights over that garden, that parking bay and that storage cupboard for decades. Take the time to understand them properly now.