Part 1

Commonhold

Commonhold unit

Part-unit: interests
21
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).