Commonhold

Current project status

  • Initiation: Could include discussing scope and terms of reference with lead Government Department
  • Pre-consultation: Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project
  • Consultation: Likely to include consultation events and paper, making provisional proposals for comment
  • Policy development: Will include analysis of consultation responses. Could include further issues papers and consultation on draft Bill
  • Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations

We have published our Consultation Paper on commonhold reform: “Reinvigorating commonhold: the alternative to leasehold ownership”. The consultation period is open until 10 March 2019.

We previously published a Call for Evidence on commonhold on 22 February 2018.

Download our Consultation Paper on commonhold

Download the summary of the Consultation Paper

A Welsh summary of the Consultation Paper will be available shortly.

We explain how you can respond to our Consultation Paper below.

Our commonhold project looks at aspects of the law of commonhold which may be preventing its uptake.

Responses to our Call for Evidence highlighted a number of issues within the current law of commonhold which may be making commonhold unattractive to homeowners and across the wider property sector.

Terms of reference

Government has asked us to propose reforms to reinvigorate commonhold as a workable alternative to leasehold, for both existing and new homes.

Our full terms of reference are available here.

Consultation Paper

We have published our Consultation Paper on commonhold reform: “Reinvigorating commonhold: the alternative to leasehold ownership”. In it, we make provisional proposals to make commonhold work for homeowners, developers, mortgage lenders and across the wider property sector.

In particular, the Paper includes proposals which would:

  • Enable commonhold to be used for larger, mixed-use developments which accommodate not only residential properties but also shops, restaurants and leisure facilities.
  • Allow shared ownership leases and other forms of affordable housing to be included within commonhold.
  • Make it easier for existing leaseholders to convert to commonhold and gain greater control over their properties.
  • Improve mortgage lenders’ confidence in commonhold to increase the choice of financing available for home buyers.
  • Provide homeowners with a greater say in how the costs of running their commonhold are met.
  • Enable homeowners to end unattractive long-term contracts imposed by developers.

Commonhold consultation events

We will be holding a number of consultation events across England and Wales. At these events, we will discuss some of our proposals and ask for your views. We encourage all those interested in commonhold to attend these events and help shape our final recommendations for reform. Details of our events will be available on this webpage shortly.

Next steps

Our consultation is now open and closes on 10 March 2019.

Comments may be sent using the online form. Where possible, it would be helpful if this form was used.

Alternatively, comments may be sent:

(If you send your comments by post, it would be helpful if, whenever possible, you could also send them electronically.)

We will publish our final report, and assist with the implementation of our recommendations, in 2019.

Contact

By email to:   propertyandtrust@lawcommission.gov.uk

Documents and downloads

Project details

Area of law

Property, family and trust law

Commissioner

Professor Nicholas Hopkins