Part 1

Commonhold

Operation of commonhold

Enlargement
41
1
This section applies to an application under section 2 if the commonhold association for the purposes of the application already exercises functions in relation to commonhold land.
2
In this section—
a
the application is referred to as an “application to add land”, and
b
the land to which the application relates is referred to as the “added land”.
3
An application to add land may not be made unless it is approved by a resolution of the commonhold association.
4
A resolution for the purposes of subsection (3) must be passed—
a
before the application to add land is made, and
b
unanimously.
5
Section 2(2) shall not apply to an application to add land; but the application must be accompanied by—
a
the documents specified in paragraph 6 of Schedule 1,
b
an application under section 33 for the registration of an amended commonhold community statement which makes provision for the existing commonhold and the added land, and
c
a certificate given by the directors of the commonhold association that the application to add land satisfies Schedule 2 and subsection (3).
6
Where sections 7 and 9 have effect following an application to add land—
a
the references to “the commonhold land” in sections 7(2)(a) and (3)(d) and 9(3)(f) shall be treated as references to the added land, and
b
the references in sections 7(2)(b) and (3)(c) and 9(3)(e) to the rights and duties conferred and imposed by the commonhold community statement shall be treated as a reference to rights and duties only in so far as they affect the added land.
7
In the case of an application to add land where the whole of the added land is to form part of the common parts of a commonhold—
a
section 7 shall not apply,
b
on registration the commonhold association shall be entitled to be registered (if it is not already) as the proprietor of the freehold estate in the added land,
c
the Registrar shall make any registration required by paragraph (b) (without an application being made), and
d
the rights and duties conferred and imposed by the commonhold community statement shall, in so far as they affect the added land, come into force on registration.
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)