- Latest available (Revised)
- Original (As enacted)
- Latest with prospective
Commonhold and Leasehold Reform Act 2002
You are here:
- 2002 c. 15
- Part 1
- Commonhold unit
- Section 21
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
Point in time view latest with prospective.This version of this provision is prospective.
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:
- where the provision (Part, Chapter or section) has never come into force or;
- 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.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
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.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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):
- s. 1-21(3) Coming into force by S.I. 2004/1832 art. 2 (commencement order for 2002 c. 15)
- s. 21(6)-70 Coming into force by S.I. 2004/1832 art. 2 (commencement order for 2002 c. 15)
Commencement Orders yet to be applied to the Commonhold and Leasehold Reform Act 2002:
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:
- S.I. 2003/1986 art. 2 3 commences (2002 c. 15)
- S.I. 2003/2377 art. 2 commences (2002 c. 15)
- S.I. 2004/669 art. 2 commences (2002 c. 15)
- S.I. 2004/1832 art. 2 commences (2002 c. 15)
- S.I. 2004/3056 art. 2 3 commences (2002 c. 15)
- S.I. 2005/1353 art. 2 commences (2002 c. 15)
- S.I. 2007/1256 art. 2 commences (2002 c. 15)
- S.I. 2007/3161 art. 2 commences (2002 c. 15)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/3175 art. 2(1) Sch. 1 commences (2004 c. 33)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
- S.I. 2010/862 art. 3 commences (2008 c. 17)
21 Part-unit: interestsE+W
This section has no associated Explanatory Notes
(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).
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
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?
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.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
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.
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 enacted version 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
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