Commonhold and Leasehold Reform Act 2002 Explanatory Notes


Section 60: Compulsory Purchase

115.Section 60 makes special provisions for dealing with compulsory purchase of units or common parts, or of parts of units or common parts.  Subsection (1) makes it clear that any land subject to compulsory purchase ceases to be commonhold land, unless (subsection (2)) the Registrar is satisfied that the compulsory purchaser wishes it to remain as commonhold land. Subsection (3) disapplies the provision of section 21(2)(c), which would otherwise forbid a unit-holder from transferring only part of his unit, thus allowing compulsory purchase of a part-unit where necessary.  Subsection (4) gives power to make regulations governing transfer of all or part of any commonhold land to a compulsory purchaser, and subsection (5) lists a number of matters which such regulations might cover.  These matters include a provision at subsection (5)(f) which would allow the regulations to disapply or apply with modifications any legislation relating to compulsory purchase as it relates to commonhold land. Subsection (6) makes provision to deal with land which remains after compulsory purchase of part only of a commonhold development.

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