THE COMMONHOLD (LAND REGISTRATION) RULES 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/1830 |
| Year | 2004 |
2004 No. 1830
COMMONHOLD, ENGLAND AND WALES
THE COMMONHOLD (LAND REGISTRATION) RULES 2004
Made 14th July 2004
Laid before Parliament 16th July 2004
Coming into force in accordance with rule 1
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 20021, in exercise of the powers conferred upon him by section 65 of the Commonhold and Leasehold Reform Act 20022hereby makes the following rules:
General
Citation and commencement
1. These rules may be cited as the Commonhold (Land Registration) Rules 2004 and shall come into force on the day that section 2 of the Act comes into force.
Interpretation
2. In these rules—
“the Act” means Part 1 of the Commonhold and Leasehold Reform Act 2002,
“commonhold entries” means the entries referred to in paragraphs (a) to (c) of rule 28(1) and
“main rules” means the Land Registration Rules 2003.
In these rules except where otherwise stated, a form referred to by letters or numbers means the form so designated in Schedule 1 to these rules.
Land registration rules
3. Land registration rules within the meaning of the Land Registration Act 2002 have effect in relation to anything done by virtue of or for the purposes of the Act as they have effect in relation to anything done by virtue of or for the purposes of the Land Registration Act 2002 subject to paragraphs (2) and (3).
Rules 3(3)(a), 3(4)(a), 126, 127 and 214 of the main rules shall not apply to any application made under the Act.
In its application to the Act—
subject to paragraph (2), rule 3 of the main rules (individual registers and more than one registered estate, division and amalgamation) shall apply as if the words “and are vested in the same proprietor” in paragraph (1) and the words “and are vested in the same proprietor” in paragraph (4) were omitted,
rule 54 of the main rules (outline applications) shall apply as if paragraph (6) of that rule referred to the forms in Schedule 1 to these rules,
rules 136 to 138 of the main rules (exempt information documents) shall apply as if a commonhold community statement and a memorandum and articles of association of a commonhold association were excluded from the definition of a “relevant document” in rule 136(7),
for the purposes of rule 208 of the main rules (Welsh language forms) the forms in Schedule 1 to these rules shall be treated as if they were scheduled forms within the meaning of the main rules,
rules 210 and 211 of the main rules (documents in a Schedule 1 form and electronically produced forms) shall apply to the forms in Schedule 1 to these rules as they apply to the forms in Schedule 1 to the main rules, and
Parts 3 and 4 of Schedule 6 to the main rules (information to be included in the results of certain official searches) shall apply as if the words “relevant pending application” included any application made under the Act.
Applications
Lodging a copy document
4. This rule applies to—
the commonhold association’s certificate of incorporation,
any altered certificate of incorporation,
the memorandum and articles of association of the commonhold association,
any altered memorandum or articles of association of the commonhold association,
a commonhold community statement,
any amended commonhold community statement,
an order of the court under the Act, and
a termination statement.
Where the Act or these rules requires an application to be accompanied by a document referred to in paragraph (1), a certified copy of that document may be submitted in place of the original.
Where the original document is lodged a certified copy must accompany it.
Application for registration
5. An application to register a freehold estate in land as a freehold estate in commonhold land must be made in Form CM1 accompanied, where appropriate, by the statement required by section 9(1)(b) of the Act.
The statement required by section 9(1)(b) of the Act shall be in Form COV.
Unless the Registrar otherwise directs, the application must be accompanied by a statutory declaration made by the applicant that complies with rule 6.
Statutory declaration
6. The statutory declaration referred to in rule 5(3) must comply with paragraphs (2) to (6).
The declaration must list the consents, or orders of court dispensing with consent, that have been obtained under or by virtue of section 3 of the Act.
Where there is a restriction entered in any individual register affected by the application, the declaration must confirm that either the restriction does not protect an interest in respect of which the consent of the holder is required or, if it does that the appropriate consent has been obtained.
The declaration must confirm that—
no other consents are required under or by virtue of section 3 of the Act,
no consent has lapsed or been withdrawn, and
if a consent is subject to conditions, all conditions have been fully satisfied.
Where the application involves the extinguishment under section 22 of the Act of a charge that is the subject of an entry in the register the declaration must—
identify the charge to be extinguished
identify the title of the owner of the charge,
give the name and address of the owner of the charge, and
confirm that the consent of the owner of the charge has been obtained.
The Registrar must accept the statutory declaration as conclusive evidence that no additional consents are required under or by virtue of section 3 of the Act and must cancel any entry in the register relating to an interest that has been identified in the statutory declaration to be extinguished.
Form of consent
7. The form of consent required under or by virtue of sections 3 and 41 of the Act is Form CON 1.
Rejection or cancellation of application
8. In addition to the Registrar’s powers contained in rule 16 of the main rules, the Registrar may reject an application on delivery or he may cancel it at any time thereafter if plans submitted with it (whether as part of the commonhold community statement or otherwise) are insufficiently clear or accurate.
Title to interests
9. Where a consent required under or by virtue of section 3 of the Act has been lodged relating to an interest which is unregistered or is the subject of only a notice, caution or restriction in the register, the applicant must also lodge sufficient evidence to satisfy the Registrar that the person whose consent has been lodged is the person who was entitled to that interest at the time the consent was given.
For the purposes of paragraph (1), the Registrar may accept as sufficient evidence of entitlement a conveyancer’s certificate that he is satisfied that the person whose consent has been lodged in relation to that interest is the person who was entitled to it at the time the consent was given and that he holds evidence of this.
Service of notice—extinguished leases
10. Subject to paragraph (3), where, as the result of an application under section 2 of the Act, a lease the title to which is registered is extinguished under section 9(3)(f) of the Act, the Registrar must give notice of the closure of the leasehold title to the following—
the registered proprietor of the leasehold title,
the registered proprietor of any charge affecting the leasehold title, and
the person entitled to the benefit of a notice, a restriction or a caution against dealings entered in the register of the leasehold title.
Subject to paragraph (3), where, as the result of an application under section 2 of the Act, an unregistered lease which is noted in the register of the freehold title is extinguished under section 9(3)(f) of the Act, the Registrar must give notice of the completion of the application to the holder of the leasehold estate that has been extinguished.
The Registrar is not obliged to give notice to a person referred to in paragraph (1) or (2) or in both if—
that person consented under section 3 of the Act to the application, or
that person’s name and his address for service under rule 198 of the main rules are not set out in the relevant individual register.
Service of notice at end of transitional period—extinguished leases
11. Subject to paragraph (3), where a lease the title to which is registered is extinguished under section 7(3)(d) of the Act and rule 29 (2) applies, the Registrar must give notice of the closure of the leasehold title to the following—
the registered proprietor of the leasehold title,
the registered proprietor of any charge affecting the leasehold title, and
the person entitled to the benefit of a notice, a restriction or a caution against dealings entered in the register of the leasehold title.
Subject to paragraph (3), where an unregistered lease which is noted in the register of the freehold title is extinguished under section 7(3)(d) and rule 29(2) applies, the Registrar must give notice of the completion of the...
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