The Conveyancing Association has urged conveyancing firms and property professionals to respond to the government’s consultation on moving to commonhold and banning leasehold for new flats before it closes today.
The consultation, led by the Ministry of Housing, Communities & Local Government, sets out proposals to make commonhold the default tenure for new flats as part of the government’s wider leasehold reform agenda.
The Conveyancing Association has already submitted its draft response following engagement with its board and members. It is now encouraging firms across the sector to review the proposals and ensure their views are reflected before the deadline.
In its response, the association supported the overall direction of travel, noting that the consultation is framed as a question of when commonhold will be implemented rather than if.
It said the move could simplify property ownership structures and remove a number of long-standing complexities within the current system, including leasehold arrangements, estate rentcharges and managed freeholds.
The association said a more standardised process and set of documents could also make ownership easier for consumers to understand.
It pointed to the potential removal of issues such as escalating ground rents and reducing lease terms in new-build properties, as well as structural complications which can arise under existing models.
However, the association said successful implementation would depend on clarity, consistency and sufficient preparation time for the sector. It said this should include the development of standard documentation, updates to systems and processes, and alignment with Land Registry requirements.
The association added that commonhold would not remove all issues associated with communal living, many of which already exist under leasehold and right to manage structures. It said the focus should be on ensuring a clearer and more workable framework for all parties.
The Conveyancing Association said it supported the proposed ban on new leasehold flats in principle, describing it as an opportunity to modernise flat ownership and reduce the complexity of legal title for homeowners.
Beth Rudolf (pictured), director of delivery at The Conveyancing Association, said: “This consultation represents a significant step towards simplifying how we structure and manage property ownership, particularly for flats and shared developments.
“The move to commonhold has the potential to remove many of the complexities that currently exist, and to provide a more consistent and understandable framework for homeowners.
“However, this is a major change for the sector and it is vital conveyancers engage with the detail of the proposals. We need clear definitions, workable processes and sufficient time to prepare, in order to ensure the new system functions effectively in practice.
“We would strongly encourage firms to take the opportunity to review the consultation and the CA’s own response, and support or submit their views before the deadline.
“Conveyancers will play a central role in delivering these reforms and it is important the final framework reflects the realities of how transactions operate on the ground.”
