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Section 59: Development rights: succession

Commonhold and Leasehold Reform Act 2002 · 2002 c. 15View on legislation.gov.uk

Part 1: Commonhold

If during a transitional period the developer transfers to another person the freehold estate in the whole of the commonhold, the successor in title shall be treated as the developer in relation to any matter arising after the transfer.

If during a transitional period the developer transfers to another person the freehold estate in part of the commonhold, the successor in title shall be treated as the developer for the purpose of any matter which—

arises after the transfer, and
affects the estate transferred.

If after a transitional period or in a case where there is no transitional period—

the developer transfers to another person the freehold estate in the whole or part of the commonhold (other than by the transfer of the freehold estate in a single commonhold unit), and
the transfer is expressed to be inclusive of development rights,

the successor in title shall be treated as the developer for the purpose of any matter which arises after the transfer and affects the estate transferred.

Other than during a transitional period, a person shall not be treated as the developer in relation to commonhold land for any purpose unless he—

is, or has been at a particular time, the registered proprietor of the freehold estate in more than one of the commonhold units, and
is the registered proprietor of the freehold estate in at least one of the commonhold units.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.