Common Leasehold Schemes Act, 1994
- Commenced on 31 December 1994
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Common Leasehold Schemes Act.
2. InterpretationIn this Act, unless the context otherwise requires—"body corporate" means the body corporate of unit-holders under a common leasehold scheme created by section eight;"Certificate of Title" means a Certificate of Title or Provisional Certificate within the meaning of the Lands and Deeds Registry Act;[Cap. 185]"common leasehold scheme" means a scheme registered under this Act for the division of a parcel of land and its buildings into units;"common property" means so much of the land and buildings subject to a common leasehold scheme as is not comprised in any one unit under the scheme;"Lands Register" means the Lands Register under the Lands and Deeds Registry Act;[Cap. 185]"parcel" means the land subject to a common leasehold scheme;"phased development" means a common leasehold scheme which includes units for which no Certificate of Title has yet been issued;"Registered Proprietor" means a person to whom a Certificate of Title has been issued;"Registrar" means a Registrar for the purposes of the Lands and Deeds Registry Act;[Cap. 185]"remainder" means the remainder of phased development referred to in section seventeen;"special resolution" means a special resolution of the unit-holders made in accordance with the by-laws of the body corporate;"Tribunal" means the Lands Tribunal established by the Lands Act;[Cap. 184]"unanimous resolution" means a unanimous resolution of the unit-holders made in accordance with the by-laws of the body corporate;"unit" means the part of the parcel of land and buildings specified as a unit in a common leasehold scheme together with the share of the common property appurtenant thereto;"unit-holder" means the Registered Proprietor of a unit;"unit entitlement" means the unit entitlement in respect of a unit set for the purposes of paragraph (1) (f) of section five.
Part II – Common leasehold scheme
3. Land may be subdivided by registering a common leasehold scheme
4. Method of registration
5. Content of a common leasehold scheme
6. Easements between units
7. Ownership of common property
Part III – The body corporate under a common leasehold scheme
8. Unit-holders become incorporated on registration
9. Incorporation has effect of contract under sealThe body corporate and its members from time to time shall have the same rights and obligations among themselves as they were all party to a contract under seal providing that the activities of the members and the body corporate will be conducted in accordance with the common leasehold scheme, the by-laws of the body corporate and this Act.
10. Powers and duties of the body corporate
11. By-laws of the body corporate
12. Body corporate may enforce certain by-laws directly on occupiers of unitsWhere a by-law under a common leasehold scheme places restrictions on the manner of use or enjoyment of units or of the common property, and the occupier or a unit fails to comply with the by-law, the body corporate shall have power to enforce the by-law directly against the occupier as if he were the unit-holder.
13. Creation of easements and covenants
14. Appointment of administrator
15. Remedy for oppression
Part IV – Phased developments
16. Phased developments
17. Certificates of Title in phased developments
18. Obligations of Registered Proprietor of remainder
19. Provision of services in a phased development
Part V – Variation and termination of a common leasehold scheme
20. Variation of common leasehold scheme by common consent
21. Termination of a common leasehold scheme by common consent
22. Variation or termination of a common leasehold scheme by order of the Tribunal
Part VI – Miscellaneous
23. Taxes and statutory charges on land
24. Powers of entry by public or local authorityWhere a public or local authority or person authorised by it has a statutory power to enter any part of the parcel covered by a common leasehold scheme, that authority or person shall have power to enter any other part to the extent necessary or expedient for it or him to exercise its or his statutory power.
26. Service of documents
History of this document
31 December 1996 this version
31 December 1994