# The Commonhold Regulations 2004, Regulation 3: Consents required prior to the creation of a commonhold additional to those required by section 3(1)(a) to (c)


(1) An application under section 2 may not be made in respect of a freehold estate in land without the consent of anyone who is—
(a) the estate owner of any unregistered freehold estate in the whole or part of the land;
(b) the estate owner of any unregistered leasehold estate in the whole or part of the land granted for a term of more than 21 years;
(c) the owner of any mortgage, charge or lien for securing money or money’s worth over the whole or part of any unregistered land included in the application; or
(d) subject to paragraph (2), the holder of a lease granted for a term of not more than 21 years which will be extinguished by virtue of section 7(3)(d) or 9(3)(f).
(2) An application under section 2 may be made without the consent of a person who would otherwise be required to consent by virtue of paragraph (1)(d) if—
(a) the person is entitled to the grant of a term of years absolute—
(i) of the same premises as are comprised in the extinguished lease;
(ii) on the same terms as the extinguished lease, except to the extent necessary to comply with the Act and these Regulations and excluding any terms that are spent;
(iii) at the same rent as the rent payable under, and including the same provisions for rent review as were included in, the extinguished lease as at the date on which it will be extinguished;
(iv) for a term equivalent to the unexpired term of the lease which will be extinguished; and
(v) to take effect immediately after the lease is extinguished by virtue of section 7(3)(d) or 9(3)(f); and
(b) before the application under section 2 is made, the person’s entitlement to the grant of a term of years absolute has been protected by a notice in the land register to the freehold title(s) for the land in the application or, in the case of unregistered land, by an entry in the land charges register in the name of the estate owner of the freehold title.

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Source: https://www.legislation.gov.uk/uksi/2004/1829/regulation/3 (the official version)
Page: https://openlegislation.uk/commonhold-regulations-2004/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.