Search Legislation

Commonhold and Leasehold Reform Act 2002

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: Cross Heading: Commonhold unit

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Commonhold and Leasehold Reform Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Commonhold and Leasehold Reform Act 2002

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Commonhold unitE+W

11 DefinitionE+W

(1)In this Part “commonhold unit” means a commonhold unit specified in a commonhold community statement in accordance with this section.

(2)A commonhold community statement must—

(a)specify at least two parcels of land as commonhold units, and

(b)define the extent of each commonhold unit.

(3)In defining the extent of a commonhold unit a commonhold community statement—

(a)must refer to a plan which is included in the statement and which complies with prescribed requirements,

(b)may refer to an area subject to the exclusion of specified structures, fittings, apparatus or appurtenances within the area,

(c)may exclude the structures which delineate an area referred to, and

(d)may refer to two or more areas (whether or not contiguous).

(4)A commonhold unit need not contain all or any part of a building.

12 Unit-holderE+W

A person is the unit-holder of a commonhold unit if he is entitled to be registered as the proprietor of the freehold estate in the unit (whether or not he is registered).

13 Joint unit-holdersE+W

(1)Two or more persons are joint unit-holders of a commonhold unit if they are entitled to be registered as proprietors of the freehold estate in the unit (whether or not they are registered).

(2)In the application of the following provisions to a unit with joint unit-holders a reference to a unit-holder is a reference to the joint unit-holders together—

(a)section 14(3),

(b)section 15(1) and (3),

(c)section 19(2) and (3),

(d)section 20(1),

(e)section 23(1),

(f)section 35(1)(b),

(g)section 38(1),

(h)section 39(2), and

(i)section 47(2).

(3)In the application of the following provisions to a unit with joint unit-holders a reference to a unit-holder includes a reference to each joint unit-holder and to the joint unit-holders together—

(a)section 1(1)(c),

(b)section 16,

(c)section 31(1)(b), (3)(b), (5)(j) and (7),

(d)section 32(4)(a) and (c),

(e)section 35(1)(a), (2) and (3),

(f)section 37(2),

(g)section 40(1), and

(h)section 58(3)(a).

(4)Regulations under this Part which refer to a unit-holder shall make provision for the construction of the reference in the case of joint unit-holders.

(5)Regulations may amend subsection (2) or (3).

(6)Regulations may make provision for the construction in the case of joint unit-holders of a reference to a unit-holder in—

(a)an enactment,

(b)a commonhold community statement,

(c)the memorandum or articles of association of a commonhold association, or

(d)another document.

14 Use and maintenanceE+W

(1)A commonhold community statement must make provision regulating the use of commonhold units.

(2)A commonhold community statement must make provision imposing duties in respect of the insurance, repair and maintenance of each commonhold unit.

(3)A duty under subsection (2) may be imposed on the commonhold association or the unit-holder.

15 TransferE+W

(1)In this Part a reference to the transfer of a commonhold unit is a reference to the transfer of a unit-holder’s freehold estate in a unit to another person—

(a)whether or not for consideration,

(b)whether or not subject to any reservation or other terms, and

(c)whether or not by operation of law.

(2)A commonhold community statement may not prevent or restrict the transfer of a commonhold unit.

(3)On the transfer of a commonhold unit the new unit-holder shall notify the commonhold association of the transfer.

(4)Regulations may—

(a)prescribe the form and manner of notice under subsection (3);

(b)prescribe the time within which notice is to be given;

(c)make provision (including provision requiring the payment of money) about the effect of failure to give notice.

16 Transfer: effectE+W

(1)A right or duty conferred or imposed—

(a)by a commonhold community statement, or

(b)in accordance with section 20,

shall affect a new unit-holder in the same way as it affected the former unit-holder.

(2)A former unit-holder shall not incur a liability or acquire a right—

(a)under or by virtue of the commonhold community statement, or

(b)by virtue of anything done in accordance with section 20.

(3)Subsection (2)—

(a)shall not be capable of being disapplied or varied by agreement, and

(b)is without prejudice to any liability or right incurred or acquired before a transfer takes effect.

(4)In this section—

  • former unit-holder” means a person from whom a commonhold unit has been transferred (whether or not he has ceased to be the registered proprietor), and

  • new unit-holder” means a person to whom a commonhold unit is transferred (whether or not he has yet become the registered proprietor).

17 Leasing: residentialE+W

(1)It shall not be possible to create a term of years absolute in a residential commonhold unit unless the term satisfies prescribed conditions.

(2)The conditions may relate to—

(a)length;

(b)the circumstances in which the term is granted;

(c)any other matter.

(3)Subject to subsection (4), an instrument or agreement shall be of no effect to the extent that it purports to create a term of years in contravention of subsection (1).

(4)Where an instrument or agreement purports to create a term of years in contravention of subsection (1) a party to the instrument or agreement may apply to the court for an order—

(a)providing for the instrument or agreement to have effect as if it provided for the creation of a term of years of a specified kind;

(b)providing for the return or payment of money;

(c)making such other provision as the court thinks appropriate.

(5)A commonhold unit is residential if provision made in the commonhold community statement by virtue of section 14(1) requires it to be used only—

(a)for residential purposes, or

(b)for residential and other incidental purposes.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

18 Leasing: non-residentialE+W

An instrument or agreement which creates a term of years absolute in a commonhold unit which is not residential (within the meaning of section 17) shall have effect subject to any provision of the commonhold community statement.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

19 Leasing: supplementaryE+W

(1)Regulations may—

(a)impose obligations on a tenant of a commonhold unit;

(b)enable a commonhold community statement to impose obligations on a tenant of a commonhold unit.

(2)Regulations under subsection (1) may, in particular, require a tenant of a commonhold unit to make payments to the commonhold association or a unit-holder in discharge of payments which—

(a)are due in accordance with the commonhold community statement to be made by the unit-holder, or

(b)are due in accordance with the commonhold community statement to be made by another tenant of the unit.

(3)Regulations under subsection (1) may, in particular, provide—

(a)for the amount of payments under subsection (2) to be set against sums owed by the tenant (whether to the person by whom the payments were due to be made or to some other person);

(b)for the amount of payments under subsection (2) to be recovered from the unit-holder or another tenant of the unit.

(4)Regulations may modify a rule of law about leasehold estates (whether deriving from the common law or from an enactment) in its application to a term of years in a commonhold unit.

(5)Regulations under this section—

(a)may make provision generally or in relation to specified circumstances, and

(b)may make different provision for different descriptions of commonhold land or commonhold unit.

20 Other transactionsE+W

(1)A commonhold community statement may not prevent or restrict the creation, grant or transfer by a unit-holder of—

(a)an interest in the whole or part of his unit, or

(b)a charge over his unit.

(2)Subsection (1) is subject to sections 17 to 19 (which impose restrictions about leases).

(3)It shall not be possible to create an interest of a prescribed kind in a commonhold unit unless the commonhold association—

(a)is a party to the creation of the interest, or

(b)consents in writing to the creation of the interest.

(4)A commonhold association may act as described in subsection (3)(a) or (b) only if—

(a)the association passes a resolution to take the action, and

(b)at least 75 per cent. of those who vote on the resolution vote in favour.

(5)An instrument or agreement shall be of no effect to the extent that it purports to create an interest in contravention of subsection (3).

(6)In this section “interest” does not include—

(a)a charge, or

(b)an interest which arises by virtue of a charge.

21 Part-unit: interestsE+W

(1)It shall not be possible to create an interest in part only of a commonhold unit.

(2)But subsection (1) shall not prevent—

(a)the creation of a term of years absolute in part only of a residential commonhold unit where the term satisfies prescribed conditions,

(b)the creation of a term of years absolute in part only of a non-residential commonhold unit, or

(c)the transfer of the freehold estate in part only of a commonhold unit where the commonhold association consents in writing to the transfer.

(3)An instrument or agreement shall be of no effect to the extent that it purports to create an interest in contravention of subsection (1).

(4)Subsection (5) applies where—

(a)land becomes commonhold land or is added to a commonhold unit, and

(b)immediately before that event there is an interest in the land which could not be created after that event by reason of subsection (1).

(5)The interest shall be extinguished by virtue of this subsection to the extent that it could not be created by reason of subsection (1).

(6)Section 17(2) and (4) shall apply (with any necessary modifications) in relation to subsection (2)(a) and (b) above.

(7)Where part only of a unit is held under a lease, regulations may modify the application of a provision which—

(a)is made by or by virtue of this Part, and

(b)applies to a unit-holder or a tenant or both.

(8)Section 20(4) shall apply in relation to subsection (2)(c) above.

(9)Where the freehold interest in part only of a commonhold unit is transferred, the part transferred—

(a)becomes a new commonhold unit by virtue of this subsection, or

(b)in a case where the request for consent under subsection (2)(c) states that this paragraph is to apply, becomes part of a commonhold unit specified in the request.

(10)Regulations may make provision, or may require a commonhold community statement to make provision, about—

(a)registration of units created by virtue of subsection (9);

(b)the adaptation of provision made by or by virtue of this Part or by or by virtue of a commonhold community statement to a case where units are created or modified by virtue of subsection (9).

22 Part–unit: chargingE+W

(1)It shall not be possible to create a charge over part only of an interest in a commonhold unit.

(2)An instrument or agreement shall be of no effect to the extent that it purports to create a charge in contravention of subsection (1).

(3)Subsection (4) applies where—

(a)land becomes commonhold land or is added to a commonhold unit, and

(b)immediately before that event there is a charge over the land which could not be created after that event by reason of subsection (1).

(4)The charge shall be extinguished by virtue of this subsection to the extent that it could not be created by reason of subsection (1).

23 Changing sizeE+W

(1)An amendment of a commonhold community statement which redefines the extent of a commonhold unit may not be made unless the unit-holder consents—

(a)in writing, and

(b)before the amendment is made.

(2)But regulations may enable a court to dispense with the requirement for consent on the application of a commonhold association in prescribed circumstances.

24 Changing size: charged unitE+W

(1)This section applies to an amendment of a commonhold community statement which redefines the extent of a commonhold unit over which there is a registered charge.

(2)The amendment may not be made unless the registered proprietor of the charge consents—

(a)in writing, and

(b)before the amendment is made.

(3)But regulations may enable a court to dispense with the requirement for consent on the application of a commonhold association in prescribed circumstances.

(4)If the amendment removes land from the commonhold unit, the charge shall by virtue of this subsection be extinguished to the extent that it relates to the land which is removed.

(5)If the amendment adds land to the unit, the charge shall by virtue of this subsection be extended so as to relate to the land which is added.

(6)Regulations may make provision—

(a)requiring notice to be given to the Registrar in circumstances to which this section applies;

(b)requiring the Registrar to alter the register to reflect the application of subsection (4) or (5).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources