Regulation 11 Creation of interests
Subject to regulation 13 and Parts 4 and 5, where the sale involvesf1—
the whole or part of a commonhold unit, which at the first point of marketing has not been registered by the Chief Land Registrar as a freehold estate in commonhold land; or
a leasehold property interest, which at the first point of marketing has not yet been created,
regulations 9 and 10 apply as respects that freehold estate or leasehold interest, as modified by this regulation.
Where paragraph (1)(a) applies—
the sale statement must be completed as if the freehold estate had been registered by the Chief Land Registrar;
regulations 9(f) (evidence of title for registered estates), 9(g) (evidence of title for unregistered estates) and 10(j) (documents referred to in the individual register) apply as if for “is or includes” in each paragraph, there were substituted “to be registered as a freehold estate in commonhold land arises from”;
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 5.
Annotations
Footnotes
- f1
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Under section 177(2) of the 2004 Act, any reference in the definition of “sale” to the disposal of an interest includes a reference to the creation of such an interest.