C1Part 1Commonhold

Annotations:
Modifications etc. (not altering text)

Miscellaneous

58 Development rights

1

In this Part—

  • “the developer” means a person who makes an application under section 2, and

  • “development business” has the meaning given by Schedule 4.

2

A commonhold community statement may confer rights on the developer which are designed—

a

to permit him to undertake development business, or

b

to facilitate his undertaking of development business.

3

Provision made by a commonhold community statement in reliance on subsection (2) may include provision—

a

requiring the commonhold association or a unit-holder to co-operate with the developer for a specified purpose connected with development business;

b

making the exercise of a right conferred by virtue of subsection (2) subject to terms and conditions specified in or to be determined in accordance with the commonhold community statement;

c

making provision about the effect of breach of a requirement by virtue of paragraph (a) or a term or condition imposed by virtue of paragraph (b);

d

disapplying section 41(2) and (3).

4

Subsection (2) is subject—

a

to regulations under section 32, and

b

in the case of development business of the kind referred to in paragraph 7 of Schedule 4, to the F1articles of association of the commonhold association.

5

Regulations may make provision regulating or restricting the exercise of rights conferred by virtue of subsection (2).

6

Where a right is conferred on a developer by virtue of subsection (2), if he sends to the Registrar a notice surrendering the right—

a

the Registrar shall arrange for the notice to be kept in his custody and referred to in the register,

b

the right shall cease to be exercisable from the time when the notice is registered under paragraph (a), and

c

the Registrar shall inform the commonhold association as soon as is reasonably practicable.