Tenure and reform
Commonhold exists. The proposed replacement framework is still a draft.
Commonhold has been available under the 2002 Act for years. The government published a draft Commonhold and Leasehold Reform Bill in January 2026, but a draft bill and a closed consultation do not change an existing lease today.
Current position
Start with the tenure the building has now.
The existing lease remains the operating document
Its term, covenants, service-charge machinery, repair obligations and rights continue unless a valid transaction or legal change alters them.
A unit and common parts use different records
A commonhold unit is held as freehold. The common parts are managed through a commonhold association and the commonhold community statement.
An existing building does not convert because policy changed
Conversion is a legal process involving the land, unit-holders, secured lenders and prescribed documents. Test the current statutory route for the actual building.
The work of running a building remains
Insurance, repairs, money, records, contractors and decisions still need an accountable system under either tenure.
Draft reform
Separate the law in force from the proposal.
A draft bill entered pre-legislative scrutiny
The published package proposes a modernised commonhold framework and wider leasehold changes. It is not the same as an Act in force.
The new-flat consultation closed in April 2026
The government sought views on a proposed ban on new leasehold flats, exemptions, timing and transition. The consultation itself did not create the ban.
A 2026 proposal is not the current lease term
Government proposals on existing ground rent are moving through policy and consultation. Check the legislation and commencement position before describing a cap as live.
Watch introduction, amendment and commencement
The useful milestones are an introduced bill, parliamentary changes, Royal Assent, regulations and commencement dates, not headline announcements alone.
For a live building
Ask four questions before choosing a route.
What are you trying to change?
A short lease, ground rent, poor management, ownership of the freehold and future development rights point to different routes.
Which rights are available today?
Compare lease extension, RTM, collective enfranchisement, negotiated acquisition and any current commonhold option against the building and participants.
Whose agreement and finance would be needed?
Identify unit owners, leaseholders, freeholder, mortgagees, company members and any other interest before assuming conversion is practical.
Which documents and liabilities must move?
Map titles, leases, contracts, reserves, insurance, arrears, claims and governance before changing tenure or control.
Sources for this page
Open the law and guidance yourself.
The government's January 2026 draft bill, explanatory material and impact assessment.
↗Closed consultationMoving to commonholdThe consultation on a proposed ban on new leasehold flats, commonhold reform and transitional arrangements.
↗Primary lawCommonhold and Leasehold Reform Act 2002The current statutory framework for commonhold and the Right to Manage.
↗Current implementationEnfranchisement valuation consultationThe July 2026 explanation of why major 2024 Act enfranchisement provisions are not yet commenced.
↗Links and current-law position checked 18 August 2026. Apply the governing documents, building facts and current law to the case in front of you.
