Part 1

Commonhold

Commonhold community statement

Form and content: general
31
1
A commonhold community statement is a document which makes provision in relation to specified land for—
a
the rights and duties of the commonhold association, and
b
the rights and duties of the unit-holders.
2
A commonhold community statement must be in the prescribed form.
3
A commonhold community statement may—
a
impose a duty on the commonhold association;
b
impose a duty on a unit-holder;
c
make provision about the taking of decisions in connection with the management of the commonhold or any other matter concerning it.
4
Subsection (3) is subject to—
a
any provision made by or by virtue of this Part, and
b
any provision of the articles of the commonhold association.
5
In subsection (3)(a) and (b) “duty” includes, in particular, a duty—
a
to pay money;
b
to undertake works;
c
to grant access;
d
to give notice;
da
to give information;
db
to apply for grants or other funding;
e
to refrain from entering into transactions of a specified kind in relation to a commonhold unit;
f
to refrain from using the whole or part of a commonhold unit for a specified purpose or for anything other than a specified purpose;
g
to refrain from undertaking works (including alterations) of a specified kind;
h
to refrain from causing nuisance or annoyance;
i
to refrain from specified behaviour;
j
to indemnify the commonhold association or a unit-holder in respect of costs arising from the breach of a statutory requirement.
6
Provision in a commonhold community statement imposing a duty to pay money (whether in pursuance of subsection (5)(a) or any other provision made by or by virtue of this Part) may include provision for the payment of interest in the case of late payment.
7
A duty conferred by a commonhold community statement on a commonhold association or a unit-holder shall not require any other formality.
8
A commonhold community statement may not provide for the transfer or loss of an interest in land on the occurrence or non-occurrence of a specified event.
9
Provision made by a commonhold community statement shall be of no effect to the extent that—
a
it is prohibited by virtue of section 32,
b
it is inconsistent with any provision made by or by virtue of this Part,
c
it is inconsistent with anything which is treated as included in the statement by virtue of section 32, or
d
it is inconsistent with the articles of association of the commonhold association.
Words in s. 31(4)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(6)(a) (with art. 10)
Words in s. 31(9)(d) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(6)(b) (with art. 10)
Pt. 1: transfer of functions (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), arts. 1(2), 11 (with arts. 12-14)
S. 31(5)(da)(db) inserted (28.4.2022 for specified purposes, 6.4.2023 in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 114(5), 170(2) (with s. 164); S.I. 2023/362, reg. 3(1)(z11)