# The Neighbourhood Planning (General) Regulations 2012, 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.

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Source: https://www.legislation.gov.uk/uksi/2012/637/regulation/28 (the official version)
Page: https://openlegislation.uk/neighbourhood-planning-general-regulations-2012/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

