Commonhold and Leasehold Reform Act 2002

28 Charges: general prohibitionE+W

This section has no associated Explanatory Notes

(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).