Commonhold

Procedure for the creation of a commonhold

An application will be made to the Land Registry by either the developer of a proposed new development, a group of existing leaseholders who want to convert their properties to commonhold, (the Act makes a provision enabling the” conversion" of a development from leasehold to commonhold, but only if 100% of all interested parties involved consent) or existing freehold owners who have communal facilities and also wish to convert to commonhold.

Applications must be made in form CM1. If the land is not already registered an application for first registration of the land can be made using form FR1.

The following documents must accompany the commonhold application:

• certified copies of the commonhold association’s certificate of incorporation and memorandum and articles of association;
• consents required by the Act and regulations ; and;
• a certificate given by the directors of the commonhold association that the memorandum and articles comply with the regulations; the commonhold community statement submitted with the application satisfies the requirements of the Act, the land in the application is not land which may not be commonhold land; the commonhold association has not traded and has not incurred any liability which has not been discharged
• The appropriate fee payable under The Land Registration Fee (Amendment) Order 2004.

In addition to these documents the application must also include a statutory declaration given by the applicant which must:

• list the consents, or court orders dispensing with consents, that have been obtained;
• confirm that a restriction on 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;
• confirm that no other consents are required under the Act and Rules;
• confirm that no consent has been withdrawn; and
• confirm that if a consent is subject to conditions, all the conditions have been fully satisfied.