07.04.2014 Views

Report on Multi-Unit Developments - Law Reform Commission

Report on Multi-Unit Developments - Law Reform Commission

Report on Multi-Unit Developments - Law Reform Commission

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

APPENDIX A<br />

SUMMARY OF TITLE RECOMMENDATIONS<br />

This Appendix c<strong>on</strong>tains a narrative summary of the title and c<strong>on</strong>veyancing<br />

steps involved in the Commissi<strong>on</strong>’s proposed scheme for multi-unit<br />

developments c<strong>on</strong>tained in this <str<strong>on</strong>g>Report</str<strong>on</strong>g>.<br />

At the end of the narrative summary, the Commissi<strong>on</strong> includes 3 Tables<br />

which outline in graphic form the essential elements of the Commissi<strong>on</strong>’s<br />

proposed scheme.<br />

1 Developer decides to develop a <strong>Multi</strong>-<strong>Unit</strong> Development (MUD). (The<br />

term MUD is used in this summary to indicate the actual part of the site<br />

being developed whether in whole or part.)<br />

2 Developer prepares the site and applies for planning permissi<strong>on</strong>.<br />

3 Developer decides whether the site is being developed in its entirety as<br />

a MUD or whether it will be developed <strong>on</strong> a phased basis.<br />

4 An Owners‘ Management Company (OMC) must be incorporated. (This<br />

is modelled <strong>on</strong> the Designated Activity Company (DAC) envisaged by<br />

the Company <strong>Law</strong> Review Group and will have defined objects but<br />

statutorily limited to the type of activity in which it can engage. In<br />

particular, during the development stage of the MUD and up to<br />

completi<strong>on</strong> of the MUD it cannot engage in any development activity).<br />

5 The legal title of the MUD must be transferred to the OMC and title<br />

registered in the Land Registry in the name of the OMC. Boundaries<br />

must be clearly identified. (This can be d<strong>on</strong>e <strong>on</strong> a phased basis ie<br />

transfer of title for each separate block with the comm<strong>on</strong> areas for that<br />

block clearly identified).<br />

If appropriate, easements will be granted over entrance roads and<br />

services or over amenity land (if any).<br />

185

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!