header-logo header-logo

Whatever happened to commonhold?

07 August 2008 / James Driscoll
Issue: 7333 / Categories: Features , Property
printer mail-detail

Why has commonhold been so slow to catch on? James Driscoll investigates

It will soon be four years since commonhold became available for new property developments—commercial, residential or mixed use. Commonhold can also be used for a leasehold or a freehold conversion, provided that all the owners and others with interest in the premises unanimously agree. However, flat developments continue to be marketed and sold and managed on the traditional freehold/leasehold basis with all the potential legal and administrative difficulties that this can entail.

This system should be contrasted with commonhold which, since 27 September 2004, has been available for new development and for conversions. It confers freehold ownership for units within a commonhold coupled with membership of a commonhold association which owns and manages the common parts. A particularly attractive feature of commonhold, apart from conferring freehold ownership, is the fact that the documentation for a commonhold has been prescribed by a statutory instrument with allowance being made to include local rules suitable for the particular development. For example, each commonhold development must

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll