Explanatory note

These rules amend the Commonhold (Land Registration) Rules 2004 (the principal rules).

They provide for evidence in support of certain applications to be given in the form of a statement of truth instead of a statutory declaration. “Statement of truth” is defined in rule 215A of the Land Registration Rules 2003 (S.I. 2003/1417), as inserted by paragraph 72 of Schedule 1 to the Land Registration (Amendment) Rules 2008 (S.I. 2008/1919). The definition applies to the principal rules by virtue of rule 3(1) of those rules.

Accordingly, rules 3, 4, 5 and 6 amend rules 5 (application for registration of a freehold estate in land as a freehold estate in commonhold), 6 (contents of the statutory declaration to accompany an application under rule 5), 14 (application for cessation of a commonhold during the transitional period) and 20 (application to add land to a commonhold registration) of the principal rules respectively to require, or to refer to, a statement of truth instead of a statutory declaration. Rule 8 of, and the Schedule to, these rules substitute new Forms CM1, CM2 and CM4 in Schedule 1 to the principal rules. These are the application forms required by rules 5, 14 and 20 of the principal rules. The only substantive change is that panel 6 of each new form refers to a statement of truth, while the same panel in each of the replaced forms referred to a statutory declaration.

Rule 7 amends rule 25 of the principal rules because a new Form OC1 (application for official copies of a register/plan) is inserted into Schedule 1 to the Land Registration Rules 2003, by rule 4(2) of, and Schedule 2 to, the Land Registration (Amendment) Rules 2008. Rule 25 requires an application for official copies of the individual register and title plan of the common parts in relation to a commonhold to be made by inserting prescribed words of reference to the common parts in a specified numbered panel in Form OC1. Rule 7 amends rule 25 to refer to the panel number of the equivalent panel in the new Form OC1.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.