Regulation 28 Enfranchisement rights

(1)

Subject to paragraph (2), for the purposes of paragraph 11 of Schedule 4C to the 1990 Act, a community organisation may only provide that an enfranchisement right is not exercisable in relation to a property which is not an existing residential property.

(2)

An enfranchisement right is not exercisable in relation to land the development of which is authorised by a community right to build order if the community organisation specified in the order proposal—

(a)

the enfranchisement rights which are not exercisable; and

(b)

the properties, or types of properties, in relation to which those rights are not exercisable.

(3)

In this regulation—

“existing residential property” means a property (including part of a building)—

(a)
which exists on the date the order proposal was submitted by the community organisation to the local planning authority under regulation 22; and
(b)
in relation to which, on that date, any tenant of the property has an enfranchisement right in respect of the property.