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Commonhold and Leasehold Reform Act 2002

Effect of registration

Section 7: Registration without unit-holders

54.Section 7 makes provision for the registration of a development without unit-holders in occupation.  Subsection (1) applies the section when the land is registered as commonhold following an application under section 2 and there is no statement under section 9(1)(b) (see note to section 9).  Subsection (2) provides that, in these circumstances, the applicant shall continue to be registered as the owner of the whole freehold and that the provisions of the commonhold community statement should not yet have any effect except where modifications of the document are specifically provided for under the terms of regulations made under section 8(2)(b).  Subsection (3) provides that, when a person buys the first unit, the Registrar must register the commonhold association as the owner of the common parts without the need for an application for that registration to be made, and will also bring the commonhold community statement into effect, thus beginning the management of the commonhold as such.  Subsection (3) also provides that all leases of all or any part of the land being registered shall cease to exist (shall be extinguished).  Subsection (4) defines the types of lease to which the section applies.

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