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Commonhold and Leasehold Reform Act 2002
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Changes to legislation:
Commonhold and Leasehold Reform Act 2002, Section 59 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 59:
- s. 82(4)(5) inserted by 2024 c. 22 s. 50(2)(b)
- s. 87A 87B inserted by 2024 c. 22 s. 50(3)
- s. 107(3)(4) inserted by 2024 c. 22 s. 51(3)
- s. 172(1)(i) and word inserted by 2024 c. 22 s. 62(5)(b)
- Sch. 11 para. 5B applied by 1985 c. 70, s. 30J(4) (as inserted) by 2024 c. 22 s. 63
- Sch. 11 para. 4A 4B and cross-heading inserted by 2024 c. 22 s. 61(b)
- Sch. 11 para. 5B 5C and cross-heading inserted by 2024 c. 22 s. 62(7)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 82(4)(5) inserted by 2024 c. 22 s. 50(2)(b)
- s. 87A 87B inserted by 2024 c. 22 s. 50(3)
- s. 107(3)(4) inserted by 2024 c. 22 s. 51(3)
- s. 172(1)(i) and word inserted by 2024 c. 22 s. 62(5)(b)
- Sch. 11 para. 5B applied by 1985 c. 70, s. 30J(4) (as inserted) by 2024 c. 22 s. 63
- Sch. 11 para. 4A 4B and cross-heading inserted by 2024 c. 22 s. 61(b)
- Sch. 11 para. 5B 5C and cross-heading inserted by 2024 c. 22 s. 62(7)(b)
59 Development rights: successionE+W
This section has no associated Explanatory Notes
(1)If during a transitional period the developer transfers to another person the freehold estate in the whole of the commonhold, the successor in title shall be treated as the developer in relation to any matter arising after the transfer.
(2)If during a transitional period the developer transfers to another person the freehold estate in part of the commonhold, the successor in title shall be treated as the developer for the purpose of any matter which—
(a)arises after the transfer, and
(b)affects the estate transferred.
(3)If after a transitional period or in a case where there is no transitional period—
(a)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
(b)the transfer is expressed to be inclusive of development rights,
the successor in title shall be treated as the developer for the purpose of any matter which arises after the transfer and affects the estate transferred.
(4)Other than during a transitional period, a person shall not be treated as the developer in relation to commonhold land for any purpose unless he—
(a)is, or has been at a particular time, the registered proprietor of the freehold estate in more than one of the commonhold units, and
(b)is the registered proprietor of the freehold estate in at least one of the commonhold units.
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