391.This section amends the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”) so as to account for the new duties of commonhold associations under the Act and costs. Section 8 of the Act provides that if a building is on commonhold land the commonhold association is the accountable person for the building.
392.The amendments to sections 14 and 26 of the 2002 Act require a commonhold community statement, where the commonhold includes all or part of a regulated building, to make provision requiring the commonhold association to comply with its duties under the Act, or regulations made under it (in relation to, each commonly held unit and the common parts).
393.This section also makes provision (by amending section 38A of the 2002 Act) requiring the community statement to include that the directors of a commonhold association must make an annual estimate of the income required to be raised from unit-holders to meet the building safety expenses of the association (“building safety expenses of the association”), and require each unit-holder to pay the percentage of the sum estimated which is allocated to their unit. “Building safety expenses of the association” is defined in new subsection (4) of section 38A, including provision for where a special measures manager has been appointed (section 109 of the Act).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Commonholds Section 76 - Commonholds: provision for compliance with building safety duties