Commonhold and Leasehold Reform Act 2002 Explanatory Notes

Commonhold community statement (CCS)

Section 33: Amendment

83.Section 33(1) requires that regulations made under section 32 must contain provisions as to how the statement can be amended, particularly (subsection (2)) in respect of what the regulations may deem to be included (section 32(3)(a)) or what may be permitted to stand in place of a deemed provision (section 32(3)(b)).  To have effect, the amended statement must be registered with HM Land Registry (subsection (3)) and the Registrar is required to keep in his custody the amended statement in place of the then existing statement if it is submitted in accordance with this section (subsection (4)).  The commonhold association must file with the amended statement a certificate that the statement accords with the requirements of this Part (subsection (5)).  Where the amendment changes the extent of a unit or of the common parts, the necessary consents relating to charges must be submitted, or the court orders dispensing with them, as required in section 24(3) and section 30(3) respectively (subsections (6) and (7)).  Subsection (8) gives the Registrar the discretion, on filing the amended statement under subsection (4), to make any other amendments to the register as he thinks appropriate.

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