Part 1Commonhold
Operation of commonhold
41 Enlargement
1
This section applies to an application under section 2 if the commonhold association for the purposes of the application already exercises functions in relation to commonhold land.
2
In this section—
a
the application is referred to as an “application to add land”, and
b
the land to which the application relates is referred to as the “added land”.
3
An application to add land may not be made unless it is approved by a resolution of the commonhold association.
4
A resolution for the purposes of subsection (3) must be passed—
a
before the application to add land is made, and
b
unanimously.
5
Section 2(2) shall not apply to an application to add land; but the application must be accompanied by—
a
the documents specified in paragraph 6 of Schedule 1,
b
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
c
a certificate given by the directors of the commonhold association that the application to add land satisfies Schedule 2 and subsection (3).
6
Where sections 7 and 9 have effect following an application to add land—
a
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
b
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.
7
In the case of an application to add land where the whole of the added land is to form part of the common parts of a commonhold—
a
section 7 shall not apply,
b
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,
c
the Registrar shall make any registration required by paragraph (b) (without an application being made), and
d
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.