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Conveyancing Association urges firms to respond to commonhold consultation

The consultation, led by Ministry of Housing, Communities & Local Government (MHCLG), proposes making commonhold the default tenure for new flats.

Conveyancing Association urges firms to respond to commonhold consultation
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The Conveyancing Association (CA) has urged conveyancing firms and property professionals to respond to the Government’s consultation on moving to commonhold and banning leasehold for new flats, ahead of its closing date today, 24th April 2026.

The consultation, led by Ministry of Housing, Communities & Local Government (MHCLG), proposes making commonhold the default tenure for new flats and forms part of a wider leasehold reform programme.

The CA has submitted its draft response following engagement with its board and members and is encouraging firms across the sector to review the proposals and ensure their views are reflected before the deadline.

In its submission, the association supports the overall direction of travel, noting the consultation is framed around when commonhold will be implemented rather than if.

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It highlights the potential to simplify property ownership structures and remove longstanding complexities within leasehold arrangements, estate rentcharges and managed freeholds.

The CA also pointed to benefits including the removal of issues such as escalating ground rents and diminishing lease terms in new-build properties, alongside the introduction of more standardised documentation and processes that could be easier for consumers to understand.

However, the association stressed that successful implementation will depend on clarity, consistency and sufficient preparation time for the sector, including updates to systems, processes and alignment with Land Registry requirements.

While acknowledging that commonhold will not eliminate all issues associated with communal living, the CA said many of these challenges already exist under current leasehold and right to manage structures, and should be addressed through a clearer and more workable framework.

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The CA’s response also supports the proposed ban on new leasehold flats in principle, describing it as a significant opportunity to modernise flat ownership and reduce legal complexity for homeowners.

Beth Rudolf, 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.

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“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.”

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