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

the land is specified in the memorandum of association of a commonhold association as the land in relation to which the association is to exercise functions, and

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).

the registered freeholder of the land makes an application under this section, and

no part of the land is already commonhold land.

he is registered as the proprietor of a freehold estate in the land with absolute title, or

he has applied, and the Registrar is satisfied that he is entitled, to be registered as mentioned in paragraph (a).

is the registered proprietor of the freehold estate in the whole or part of the land,

is the registered proprietor of a leasehold estate in the whole or part of the land granted for a term of more than than 21 years,

is the registered proprietor of a charge over the whole or part of the land, or

falls within any other class of person which may be prescribed.

prescribing the form of consent;

about the effect and duration of consent (including provision for consent to bind successors);

about withdrawal of consent (including provision preventing withdrawal in specified circumstances);

for consent given for the purpose of one application under section 2 to have effect for the purpose of another application;

for consent to be deemed to have been given in specified circumstances;

enabling a court to dispense with a requirement for consent in specified circumstances.

may be absolute or conditional, and

may make such other provision as the court thinks appropriate.

the prescribed details of the commonhold association;

the prescribed details of the registered freeholder of each commonhold unit;

a copy of the commonhold community statement;

a copy of the memorandum and articles of association of the commonhold association.

is not mentioned in subsection (1), but

is submitted to the Registrar in accordance with a provision made by or by virtue of this Part.

the application for registration was not made in accordance with section 2,

the certificate under paragraph 7 of Schedule 1 was inaccurate, or

the registration contravened a provision made by or by virtue of this Part.

provide for the registration to be treated as valid for all purposes;

provide for alteration of the register;

provide for land to cease to be commonhold land;

require a director or other specified officer of a commonhold association to take steps to alter or amend a document;

require a director or other specified officer of a commonhold association to take specified steps;

make an award of compensation (whether or not contingent upon the occurrence or non-occurrence of a specified event) to be paid by one specified person to another;

apply, disapply or modify a provision of Schedule 8 to the Land Registration Act 2002 (c. 9) (indemnity).

a freehold estate in land is registered as a freehold estate in commonhold land in pursuance of an application under section 2, and

the application is not accompanied by a statement under section 9(1)(b).

the applicant shall continue to be registered as the proprietor of the freehold estate in the commonhold land, and

the rights and duties conferred and imposed by the commonhold community statement shall not come into force (subject to section 8(2)(b)).

the commonhold association shall be entitled to be registered as the proprietor of the freehold estate in the common parts,

the Registrar shall register the commonhold association in accordance with paragraph (a) (without an application being made),

the rights and duties conferred and imposed by the commonhold community statement shall come into force, and

any lease of the whole or part of the commonhold land shall be extinguished by virtue of this section.

is granted for any term, and

is granted before the commonhold association becomes entitled to be registered as the proprietor of the freehold estate in the common parts.

shall not have effect, or

shall have effect with specified modifications.

by or by virtue of this Part,

by a commonhold community statement, or

by the memorandum or articles of the commonhold association.

it is registered as a freehold estate in commonhold land in pursuance of an application under section 2, and

the application is accompanied by a statement by the applicant requesting that this section should apply.

the commonhold association shall be entitled to be registered as the proprietor of the freehold estate in the common parts,

a person specified by virtue of subsection (2) as the initial unit-holder of a commonhold unit shall be entitled to be registered as the proprietor of the freehold estate in the unit,

a person specified by virtue of subsection (2) as an initial joint unit-holder of a commonhold unit shall be entitled to be registered as one of the proprietors of the freehold estate in the unit,

the Registrar shall make entries in the register to reflect paragraphs (a) to (c) (without applications being made),

the rights and duties conferred and imposed by the commonhold community statement shall come into force, and

any lease of the whole or part of the commonhold land shall be extinguished by virtue of this section.

is granted for any term, and

is granted before the commonhold association becomes entitled to be registered as the proprietor of the freehold estate in the common parts.

a lease is extinguished by virtue of section 7(3)(d) or 9(3)(f), and

the consent of the holder of that lease was not among the consents required by section 3 in respect of the application under section 2 for the land to become commonhold land.

specify at least two parcels of land as commonhold units, and

define the extent of each commonhold unit.

must refer to a plan which is included in the statement and which complies with prescribed requirements,

may refer to an area subject to the exclusion of specified structures, fittings, apparatus or appurtenances within the area,

may exclude the structures which delineate an area referred to, and

may refer to two or more areas (whether or not contiguous).

whether or not for consideration,

whether or not subject to any reservation or other terms, and

whether or not by operation of law.

prescribe the form and manner of notice under subsection (3);

prescribe the time within which notice is to be given;

make provision (including provision requiring the payment of money) about the effect of failure to give notice.

by a commonhold community statement, or

in accordance with section 20,

under or by virtue of the commonhold community statement, or

by virtue of anything done in accordance with section 20.

shall not be capable of being disapplied or varied by agreement, and

is without prejudice to any liability or right incurred or acquired before a transfer takes effect.

length;

the circumstances in which the term is granted;

any other matter.

providing for the instrument or agreement to have effect as if it provided for the creation of a term of years of a specified kind;

providing for the return or payment of money;

making such other provision as the court thinks appropriate.

for residential purposes, or

for residential and other incidental purposes.

impose obligations on a tenant of a commonhold unit;

enable a commonhold community statement to impose obligations on a tenant of a commonhold unit.

are due in accordance with the commonhold community statement to be made by the unit-holder, or

are due in accordance with the commonhold community statement to be made by another tenant of the unit.

for the amount of payments under subsection (2) to be set against sums owed by the tenant (whether to the person by whom the payments were due to be made or to some other person);

for the amount of payments under subsection (2) to be recovered from the unit-holder or another tenant of the unit.

may make provision generally or in relation to specified circumstances, and

may make different provision for different descriptions of commonhold land or commonhold unit.

an interest in the whole or part of his unit, or

a charge over his unit.

is a party to the creation of the interest, or

consents in writing to the creation of the interest.

the association passes a resolution to take the action, and

at least 75 per cent. of those who vote on the resolution vote in favour.

a charge, or

an interest which arises by virtue of a charge.

the creation of a term of years absolute in part only of a residential commonhold unit where the term satisfies prescribed conditions,

the creation of a term of years absolute in part only of a non-residential commonhold unit, or

the transfer of the freehold estate in part only of a commonhold unit where the commonhold association consents in writing to the transfer.

land becomes commonhold land or is added to a commonhold unit, and

immediately before that event there is an interest in the land which could not be created after that event by reason of subsection (1).

is made by or by virtue of this Part, and

applies to a unit-holder or a tenant or both.

becomes a new commonhold unit by virtue of this subsection, or

in a case where the request for consent under subsection (2)(c) states that this paragraph is to apply, becomes part of a commonhold unit specified in the request.

registration of units created by virtue of subsection (9);

the adaptation of provision made by or by virtue of this Part or by or by virtue of a commonhold community statement to a case where units are created or modified by virtue of subsection (9).

land becomes commonhold land or is added to a commonhold unit, and

immediately before that event there is a charge over the land which could not be created after that event by reason of subsection (1).

in writing, and

before the amendment is made.

in writing, and

before the amendment is made.

requiring notice to be given to the Registrar in circumstances to which this section applies;

requiring the Registrar to alter the register to reflect the application of subsection (4) or (5).

the classes of person who may use it;

the kind of use to which it may be put.

may make provision which has effect only in relation to a limited use area, and

may make different provision for different limited use areas.

the transfer by the commonhold association of its freehold estate in any part of the common parts, or

the creation by the commonhold association of an interest in any part of the common parts.

a charge, or

an interest which arises by virtue of a charge.

before the mortgage is created, and

unanimously.

specifies land which forms part of a commonhold unit, and

provides for that land (the “added land”) to be added to the common parts.

in writing, and

before the amendment is made.

the commonhold association shall be entitled to be registered as the proprietor of the freehold estate in the added land, and

the Registrar shall register the commonhold association in accordance with paragraph (a) (without an application being made).

the rights and duties of the commonhold association, and

the rights and duties of the unit-holders.

impose a duty on the commonhold association;

impose a duty on a unit-holder;

make provision about the taking of decisions in connection with the management of the commonhold or any other matter concerning it.

any provision made by or by virtue of this Part, and

any provision of the memorandum or articles of the commonhold association.

to pay money;

to undertake works;

to grant access;

to give notice;

to refrain from entering into transactions of a specified kind in relation to a commonhold unit;

to refrain from using the whole or part of a commonhold unit for a specified purpose or for anything other than a specified purpose;

to refrain from undertaking works (including alterations) of a specified kind;

to refrain from causing nuisance or annoyance;

to refrain from specified behaviour;

to indemnify the commonhold association or a unit-holder in respect of costs arising from the breach of a statutory requirement.

it is prohibited by virtue of section 32,

it is inconsistent with any provision made by or by virtue of this Part,

it is inconsistent with anything which is treated as included in the statement by virtue of section 32, or

it is inconsistent with the memorandum or articles of association of the commonhold association.

specified provision, or

provision of a specified kind, for a specified purpose or about a specified matter.

provide for a statement to be treated as including provision prescribed by or determined in accordance with the regulations;

permit a statement to make provision in place of provision which would otherwise be treated as included by virtue of paragraph (a).

make different provision for different descriptions of commonhold association or unit-holder;

make different provision for different circumstances;

make provision about the extent to which a commonhold community statement may make different provision for different descriptions of unit-holder or common parts.

the matters mentioned in sections 11, 14, 15, 20, 21, 25, 26, 27, 38, 39 and 58, and

any matter for which regulations under section 37 may make provision.

states that an object of the company is to exercise the functions of a commonhold association in relation to specified commonhold land, and

specifies £1 as the amount required to be specified in pursuance of section 2(4) of the Companies Act 1985 (c. 6) (members’ guarantee).

the exercise by each unit-holder of his rights, and

the enjoyment by each unit-holder of the freehold estate in his unit.

need not take action if they reasonably think that inaction is in the best interests of establishing or maintaining harmonious relationships between all the unit-holders, and that it will not cause any unit-holder (other than the defaulter) significant loss or significant disadvantage, and

shall have regard to the desirability of using arbitration, mediation or conciliation procedures (including referral under a scheme approved under section 42) instead of legal proceedings wherever possible.

provides for voting by post, by proxy or in some other manner, and

is contained in the memorandum or articles of association or the commonhold community statement.

a commonhold community statement;

the memorandum or articles of a commonhold association;

a provision made by or by virtue of this Part.

requiring compensation to be paid where a right is exercised in specified cases or circumstances;

requiring compensation to be paid where a duty is not complied with;

enabling recovery of costs where work is carried out for the purpose of enforcing a right or duty;

enabling recovery of costs where work is carried out in consequence of the failure to perform a duty;

permitting a unit-holder to enforce a duty imposed on another unit-holder, on a commonhold association or on a tenant;

permitting a commonhold association to enforce a duty imposed on a unit-holder or a tenant;

permitting a tenant to enforce a duty imposed on another tenant, a unit-holder or a commonhold association;

permitting the enforcement of terms or conditions to which a right is subject;

requiring the use of a specified form of arbitration, mediation or conciliation procedure before legal proceedings may be brought.

provision (which may include provision conferring jurisdiction on a court) for determining the amount of compensation;

provision for the payment of interest in the case of late payment.

requiring the directors of the commonhold association to make an annual estimate of the income required to be raised from unit-holders to meet the expenses of the association,

enabling the directors of the commonhold association to make estimates from time to time of income required to be raised from unit-holders in addition to the annual estimate,

specifying the percentage of any estimate made under paragraph (a) or (b) which is to be allocated to each unit,

requiring each unit-holder to make payments in respect of the percentage of any estimate which is allocated to his unit, and

requiring the directors of the commonhold association to serve notices on unit-holders specifying payments required to be made by them and the date on which each payment is due.

the percentages allocated by a commonhold community statement to the commonhold units must amount in aggregate to 100;

a commonhold community statement may specify 0 per cent. in relation to a unit.

requiring the directors of the commonhold association to establish and maintain one or more funds to finance the repair and maintenance of common parts;

requiring the directors of the commonhold association to establish and maintain one or more funds to finance the repair and maintenance of commonhold units.

requiring or enabling the directors of the commonhold association to set a levy from time to time,

specifying the percentage of any levy set under paragraph (a) which is to be allocated to each unit,

requiring each unit-holder to make payments in respect of the percentage of any levy set under paragraph (a) which is allocated to his unit, and

requiring the directors of the commonhold association to serve notices on unit-holders specifying payments required to be made by them and the date on which each payment is due.

the percentages allocated by a commonhold community statement to the commonhold units must amount in aggregate to 100;

a commonhold community statement may specify 0 per cent. in relation to a unit.

“reserve fund activity” means an activity which in accordance with the commonhold community statement can or may be financed from a fund established and maintained by virtue of this section,

assets are used for the purpose of enforcement of a debt if, in particular, they are taken in execution or are made the subject of a charging order under section 1 of the Charging Orders Act 1979 (c. 53), and

the reference to a judgment debt includes a reference to any interest payable on a judgment debt.

the memorandum or articles of association of the relevant commonhold association do not comply with regulations under paragraph 2(1) of Schedule 3;

the relevant commonhold community statement does not comply with a requirement imposed by or by virtue of this Part.

require a director or other specified officer of a commonhold association to take steps to alter or amend a document;

require a director or other specified officer of a commonhold association to take specified steps;

make an award of compensation (whether or not contingent upon the occurrence or non-occurrence of a specified event) to be paid by the commonhold association to a specified person;

make provision for land to cease to be commonhold land.

within the period of three months beginning with the day on which the applicant became a unit-holder,

within three months of the commencement of the alleged failure to comply, or

with the permission of the court.

the application is referred to as an “application to add land”, and

the land to which the application relates is referred to as the “added land”.

before the application to add land is made, and

unanimously.

the documents specified in paragraph 6 of Schedule 1,

an application under section 33 for the registration of an amended commonhold community statement which makes provision for the existing commonhold and the added land, and

a certificate given by the directors of the commonhold association that the application to add land satisfies Schedule 2 and subsection (3).

the references to “the commonhold land” in sections 7(2)(a) and (3)(d) and 9(3)(f) shall be treated as references to the added land, and

the references in sections 7(2)(b) and (3)(c) and 9(3)(e) to the rights and duties conferred and imposed by the commonhold community statement shall be treated as a reference to rights and duties only in so far as they affect the added land.

section 7 shall not apply,

on registration the commonhold association shall be entitled to be registered (if it is not already) as the proprietor of the freehold estate in the added land,

the Registrar shall make any registration required by paragraph (b) (without an application being made), and

the rights and duties conferred and imposed by the commonhold community statement shall, in so far as they affect the added land, come into force on registration.

provides for the appointment of one or more persons as ombudsman,

provides for a person to be appointed as ombudsman only if the Lord Chancellor approves the appointment in advance,

enables a unit-holder to refer to the ombudsman a dispute between the unit-holder and a commonhold association which is a member of the scheme,

enables a commonhold association which is a member of the scheme to refer to the ombudsman a dispute between the association and a unit-holder,

requires the ombudsman to investigate and determine a dispute referred to him,

requires a commonhold association which is a member of the scheme to cooperate with the ombudsman in investigating or determining a dispute, and

requires a commonhold association which is a member of the scheme to comply with any decision of the ombudsman (including any decision requiring the payment of money).

may contain other provision, and

shall contain such provision, or provision of such a kind, as may be prescribed.

the resolution is preceded by a declaration of solvency,

the commonhold association passes a termination-statement resolution before it passes the winding-up resolution, and

each resolution is passed with at least 80 per cent. of the members of the association voting in favour.

has passed a winding-up resolution and a termination-statement resolution with 100 per cent. of the members of the association voting in favour, and

has appointed a liquidator under section 91 of the Insolvency Act 1986 (c. 45).

a unit-holder, or

a person falling within a class prescribed for the purposes of this subsection.

has passed a winding-up resolution and a termination-statement resolution with at least 80 per cent. of the members of the association voting in favour, and

has appointed a liquidator under section 91 of the Insolvency Act 1986.

the terms and conditions on which a termination application may be made, and

the terms of the termination statement to accompany a termination application.

a unit-holder, or

a person falling within a class prescribed for the purposes of this subsection.

the commonhold association’s proposals for the transfer of the commonhold land following acquisition of the freehold estate in accordance with section 49(3), and

how the assets of the commonhold association will be distributed.

of a specified kind, or

determined in a specified manner,

generally,

in respect of specified matters, or

for a specified purpose.

notify the Registrar that the liquidator is content with the termination statement submitted with the termination application, or

apply to the court under section 112 of the Insolvency Act 1986 (c. 45) to determine the terms of the termination statement.

to the person who is appointed as liquidator under section 91 of the Insolvency Act 1986, or

in the case of a members’ voluntary winding up which becomes a creditors’ voluntary winding up by virtue of sections 95 and 96 of that Act, to the person acting as liquidator in accordance with section 100 of that Act.

a liquidator notifies the Registrar under section 48(3)(a) that he is content with a termination statement, or

a determination is made under section 112 of the Insolvency Act 1986 (c. 45) by virtue of section 48(3)(b).

an “insolvent commonhold association” is one in relation to which a winding-up petition has been presented under section 124 of the Insolvency Act 1986,

a commonhold association is the “successor commonhold association” to an insolvent commonhold association if the land specified for the purpose of section 34(1)(a) is the same for both associations, and

a “winding-up order” is an order under section 125 of the Insolvency Act 1986 for the winding up of a commonhold association.

the insolvent commonhold association,

one or more members of the insolvent commonhold association, or

a provisional liquidator for the insolvent commonhold association appointed under section 135 of the Insolvency Act 1986.

prescribed evidence of the formation of a successor commonhold association, and

a certificate given by the directors of the successor commonhold association that its memorandum and articles of association comply with regulations under paragraph 2(1) of Schedule 3.

shall make provision as to the treatment of any charge over all or any part of the common parts;

may require the Registrar to take action of a specified kind;

may enable the liquidator to require the Registrar to take action of a specified kind;

may make supplemental or incidental provision.

records;

copies of records;

information.

timing;

payment.

makes a winding-up order in respect of a commonhold association, and

has not made a succession order in respect of the commonhold association.

the fact that this section applies,

any directions given under section 168 of the Insolvency Act 1986 (c. 45) (liquidator: supplementary powers),

any notice given to the court and the registrar of companies in accordance with section 172(8) of that Act (liquidator vacating office after final meeting),

any notice given to the Secretary of State under section 174(3) of that Act (completion of winding-up),

any application made to the registrar of companies under section 202(2) of that Act (insufficient assets: early dissolution),

any notice given to the registrar of companies under section 205(1)(b) of that Act (completion of winding-up), and

any other matter which in the liquidator’s opinion is relevant to the Registrar.

make such arrangements as appear to him to be appropriate for ensuring that the freehold estate in land in respect of which a commonhold association exercises functions ceases to be registered as a freehold estate in commonhold land as soon as is reasonably practicable after he receives notification under subsection (2)(c) to (f), and

take such action as appears to him to be appropriate for the purpose of giving effect to a determination made by the liquidator in the exercise of his functions.

require the liquidator to exercise his functions in a particular way;

impose additional rights or duties on the liquidator;

modify or remove a right or duty of the liquidator.

modify the application of a provision made by or by virtue of this Part;

disapply the application of a provision made by or by virtue of this Part;

impose additional requirements.

to permit him to undertake development business, or

to facilitate his undertaking of development business.

requiring the commonhold association or a unit-holder to co-operate with the developer for a specified purpose connected with development business;

making the exercise of a right conferred by virtue of subsection (2) subject to terms and conditions specified in or to be determined in accordance with the commonhold community statement;

making provision about the effect of breach of a requirement by virtue of paragraph (a) or a term or condition imposed by virtue of paragraph (b);

disapplying section 41(2) and (3).

to regulations under section 32, and

in the case of development business of the kind referred to in paragraph 7 of Schedule 4, to the memorandum and articles of association of the commonhold association.

the Registrar shall arrange for the notice to be kept in his custody and referred to in the register,

the right shall cease to be exercisable from the time when the notice is registered under paragraph (a), and

the Registrar shall inform the commonhold association as soon as is reasonably practicable.

arises after the transfer, and

affects the estate transferred.

the developer transfers to another person the freehold estate in the whole or part of the commonhold (other than by the transfer of the freehold estate in a single commonhold unit), and

the transfer is expressed to be inclusive of development rights,

is, or has been at a particular time, the registered proprietor of the freehold estate in more than one of the commonhold units, and

is the registered proprietor of the freehold estate in at least one of the commonhold units.

make provision about the effect of subsections (1) and (2) (including provision about that part of the commonhold which is not transferred);

require the service of notice;

confer power on a court;

make provision about compensation;

make provision enabling a commonhold association to require a compulsory purchaser to acquire the freehold estate in the whole, or a particular part, of the commonhold;

provide for an enactment relating to compulsory purchase not to apply or to apply with modifications.

for some or all of the land to cease to be commonhold land;

for a provision of this Part to apply with specified modifications.

a person acquiring land in respect of which he is authorised to exercise a power of compulsory purchase by virtue of an enactment, and

a person acquiring land which he is obliged to acquire by virtue of a prescribed enactment or in prescribed circumstances.

shall be made by statutory instrument,

may include incidental, supplemental, consequential and transitional provision,

may make provision generally or only in relation to specified cases,

may make different provision for different purposes, and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

the procedure to be followed on or in respect of commonhold registration documents, and

the registration of freehold estates in commonhold land.

shall be made by statutory instrument in the same manner as land registration rules within the meaning of the Land Registration Act 2002 (c. 9),

may make provision for any matter for which provision is or may be made by land registration rules, and

may provide for land registration rules to have effect in relation to anything done by virtue of or for the purposes of this Part as they have effect in relation to anything done by virtue of or for the purposes of that Act.

about the form and content of a commonhold registration document;

enabling the Registrar to cancel an application by virtue of this Part in specified circumstances;

enabling the Registrar, in particular, to cancel an application by virtue of this Part if he thinks that plans submitted with it (whether as part of a commonhold community statement or otherwise) are insufficiently clear or accurate;

about the order in which commonhold registration documents and general registration documents are to be dealt with by the Registrar;

for registration to take effect (whether or not retrospectively) as from a date or time determined in accordance with the rules.

permit or require a copy of a document to be submitted in place of or in addition to the original;

require a copy to be certified in a specified manner;

permit or require the submission of a document in electronic form.

under or by virtue of any provision of this Part, or

in relation to commonhold land.

make or cancel an entry on the register;

take any other action.

a reference to a duty to insure includes a reference to a duty to use the proceeds of insurance for the purpose of rebuilding or reinstating, and

a reference to maintaining property includes a reference to decorating it and to putting it into sound condition.