Commonhold and Leasehold Reform Act 2002

Nature of commonhold E+W

1 Commonhold land E+W

(1) Land is commonhold land if—

(a) the freehold estate in the land is registered as a freehold estate in commonhold land,

(b) the land is specified in the [F1 articles of association] of a commonhold association as the land in relation to which the association is to exercise functions, and

(c) a commonhold community statement makes provision for rights and duties of the commonhold association and unit-holders (whether or not the statement has come into force).

(2) In this Part a reference to a commonhold is a reference to land in relation to which a commonhold association exercises functions.

(3) In this Part—

• “commonhold association” has the meaning given by section 34,

• “commonhold community statement” has the meaning given by section 31,

• “commonhold unit” has the meaning given by section 11,

• “common parts” has the meaning given by section 25, and

• “unit-holder” has the meaning given by sections 12 and 13.

(4) Sections 7 and 9 make provision for the vesting in the commonhold association of the fee simple in possession in the common parts of a commonhold.

Textual Amendments

F1 Words in s. 1(1)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(2) (with art. 10)