Part 4Higher-risk buildings
Landlord and tenant etc
I2I1114Commonholds
1
The Commonhold and Leasehold Reform Act 2002 is amended as follows.
2
3
In section 14 (use and maintenance)—
a
in the heading, for “and maintenance” substitute “, maintenance and building safety”
;
b
after subsection (3) insert—
4
A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of the Act, in relation to each commonhold unit.
4
In section 26 (use and maintenance)—
a
in the heading, for “and maintenance” substitute “, maintenance and building safety”
;
b
the existing subsection becomes subsection (1);
c
after that subsection insert—
2
A commonhold community statement for a higher-risk commonhold must make provision requiring the commonhold association to comply with its duties under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act, in relation to the common parts.
5
In section 31(5) (form and content of commonhold community statement), after paragraph (d) insert—
da
to give information;
db
to apply for grants or other funding;
6
In section 32(5)(a) (regulations), after “38,” insert “38A,”
.
7
In section 38 (commonhold assessment), after subsection (2) insert—
3
In subsection (1)(a) “expenses of the association” does not include building safety expenses of the association (within the meaning of section 38A).
8
After section 38 insert—
38ABuilding safety assessment
1
A commonhold community statement for a higher-risk commonhold must make provision—
a
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 building safety expenses of the association,
b
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,
c
d
requiring each unit-holder to make payments in respect of the percentage of any estimate which is allocated to their unit, and
e
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.
2
a
the percentages allocated by a commonhold community statement to the commonhold units must amount in aggregate to 100;
b
a commonhold community statement may specify 0 per cent in relation to a unit.
3
In this section—
“building safety expenses of the association” means the expenses incurred by the commonhold association or special measures manager for the higher-risk building in connection with taking measures that the association or manager is required or permitted to take under Part 4 of the Building Safety Act 2022, or regulations made under that Part of that Act;
“special measures manager” means a person appointed under paragraph 4 of Schedule 7 to the Building Safety Act 2022.
9
In section 69(1) (interpretation), before the definition of “instrument” insert—
“higher-risk building” has the meaning given by section 115 of the Building Safety Act 2022,
“higher-risk commonhold” means a commonhold in England that includes all or any part of a higher-risk building,