Summary

General:

• Commonhold differs from traditional freehold title because it combines freehold ownership of a unit in a development with membership of a commonhold association. The association owns and is responsible for the management and upkeep of the common parts of the development.
• There are three types of commonhold - (1) New developments (2) Leasehold conversions and (3) Freehold conversions.

Structure:

• Commonhold can only be created out of absolute freehold registered land.
• There can be more than one piece of land within the commonhold, such as on opposite sides of the road, but there must be mutual obligations or shared facilities between the two pieces of land.
• There must be at least two units plus the common parts.
• Commonhold can be created for residential or commercial use or a combination of both.

The commonhold cannot comprise:

• a flying freehold
• agricultural land
• a contingent title (i.e. a title that is liable under certain statutes to revert to someone other than the registered proprietor i.e. some disused school sites).

The essential documents are:

• the articles of association of the commonhold association
• the commonhold community statement.

Land Registry forms:

• CM1 - Application to register a freehold estate in commonhold land
• CM2 - Application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
• CM3 - Application for the registration of an amended commonhold community statement and/or altered articles of association.
• CM4 - Application to add land to a commonhold registration
• CM5 - Application for the termination of a commonhold registration
• CM6 - Application for the registration of a successor commonhold association
• COE - Notification of change of extent of a commonhold unit over which there is a registered charge
• COV - Application for registration with unit holders
• CON1 - Consent to the registration of land as commonhold land
• CON2 - Consent to an application for the freehold estate to cease to be registered as a freehold estate in commonhold during the transitional period, and
• SR1 - Notice of surrender of development right(s)

Copies of the individual forms can be downloaded from Land Registry's website

Additional documents required:

• Land Registry form FR1 if the land is not already registeredLand Registry form
• AP1 if appropriate
• The commonhold association certificate of incorporation
• A directors' certificate
• Any consents required (lodged on forms CON 1)
• A statutory declaration
• Court orders – where appropriate

Further reading

Land Registry Practice Guide 60 – Commonhold can be downloaded from Land Registry's website or obtained free of charge from any Land Registry office.

Copies of the Act, the Rules and the Regulations are available online.

For more information on terms used in this overview, please consult the glossary.

This is the end of the guide.