The Commonhold Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under Part 1 of the Commonhold and Leasehold Reform Act 2002, make provision in England and Wales for land to be registered as a freehold estate in commonhold land.

Part I of these Regulations contains general provisions.

Part II contains provisions about the registration of a freehold estate in land as a freehold estate in commonhold land and in particular—

(a) specifies four classes of person, in addition to those specified in section 3, from whom it will be necessary to obtain consent to an application to register land as commonhold;

(b) makes provision about the consent given, including the form of consent, the effect, duration and withdrawal of consent, when it will be deemed to have been given and when consent given for the purpose of one application under section 2 has effect for the purpose of another application;

(c) makes provision for a court to dispense with consent;

(d) prescribes the details that must be included in a statement under section 9(1)(b) which accompanies the application; and

(e) modifies section 11 to facilitate an application to register commonhold land made by two or more people who each own the freehold estate in part of the land to be registered.

Part III contains provisions which the commonhold community statement must contain when defining the extent of a commonhold unit; requires notice to be given to the Registrar when an amendment is made to a commonhold community statement redefining the extent of a commonhold unit over which there is a registered charge and requires the Registrar to alter the register to reflect the application of sections 24(4) or (5); and prescribes the conditions which must be met before a term of years absolute in the whole or part of a residential commonhold unit may be granted.

Part IV specifies the requirements for the name of a commonhold association, makes provision for the form and content of the commonhold community statement and the memorandum and articles of association of a commonhold association and specifies the Forms to be used in accordance with the commonhold community statement of a commonhold.

Part V contains provisions dealing with the operation of a commonhold, which include—

(a) covering enforcement of rights or duties arising from the commonhold community statement, these Regulations or Part 1 of the Act; and

(b) restricting and regulating the exercise of rights conferred on the developer to permit him to undertake, or to facilitate his undertaking of, development business.

Part VI makes provision for termination of a commonhold.

These Regulations come into force on 27th September 2004.