The following additional documents must also be lodged:
- A certificate of incorporation of the commonhold association or any altered certificate
- A certified copy of the memorandum and articles of the association
- Two certified copies of the commonhold community statement
- The necessary consents (form CON1)
- Any court orders in lieu of consents
- A form CON2 where a 'cease to be' application is lodged
- A directors’ certificate d
- A statutory declaration
The “directors' certificate" when lodged with an initial commonhold application is a statement:
- that the memorandum and articles of association comply with the Regulations,
- the CCS satisfies the requirements of the Act
- that the association has not traded and has not incurred any liability which has not been discharged and
- that all the land in the application is capable of being commonhold land.
The "statutory declaration" must
- list all the consents that have been obtained or court orders dispensing with consents
- confirm that no other consents are required
- confirm that no consents have lapsed or been withdrawn and
- confirm that if a consent is subject to conditions, all such conditions have been fully satisfied, and
- confirm that any restriction that appears in the register does not protect an interest in respect of which the consent of the holder is required, or if it does protect such an interest, that the appropriate consent has been obtained.
If the application includes the extinguishment under s.22 of the Act of a charge of part of a unit, that is the subject of an entry in the register of title, additional statements must be included in the declaration. Details of the additional statements can be found in Land Registry Practice Guide 60 – Commonhold.
The next page looks at the consents in more detail and approval of the commonhold plan. |
