Part 1Commonhold
Common parts
28 Charges: general prohibition
1
It shall not be possible to create a charge over common parts.
2
An instrument or agreement shall be of no effect to the extent that it purports to create a charge over common parts.
3
Where by virtue of section 7 or 9 a commonhold association is registered as the proprietor of common parts, a charge which relates wholly or partly to the common parts shall be extinguished by virtue of this subsection to the extent that it relates to the common parts.
4
Where by virtue of section 30 land vests in a commonhold association following an amendment to a commonhold community statement which has the effect of adding land to the common parts, a charge which relates wholly or partly to the land added shall be extinguished by virtue of this subsection to the extent that it relates to that land.
5
This section is subject to section 29 (which permits certain mortgages).