Skip to main content
We’re here with practical legal information for your business. Learn about employment law, company law and more.

Search

Setting up a business involves complying with a range of legal requirements. Find out which ones apply to you and your new enterprise.

What particular regulations do specific types of business (such as a hotel, or a printer, or a taxi firm) need to follow? We explain some of the key legal issues to consider for 200 types of business.

While poor governance can bring serious legal consequences, the law can also protect business owners and managers and help to prevent conflict.

Whether you want to raise finance, join forces with someone else, buy or sell a business, it pays to be aware of the legal implications.

From pay, hours and time off to discipline, grievance and hiring and firing employees, find out about your legal responsibilities as an employer.

Marketing matters. Marketing drives sales for businesses of all sizes by ensuring that customers think of their brand when they want to buy.

Commercial disputes can prove time-consuming, stressful and expensive, but having robust legal agreements can help to prevent them from occurring.

Whether your business owns or rents premises, your legal liabilities can be substantial. Commercial property law is complex, but you can avoid common pitfalls.

With information and sound advice, living up to your legal responsibilities to safeguard your employees, customers and visitors need not be difficult or costly.

As information technology continues to evolve, legislation must also change. It affects everything from data protection and online selling to internet policies for employees.

Intellectual property (IP) isn't solely relevant to larger businesses or those involved in developing innovative new products: all products have IP.

Knowing how and when you plan to sell or relinquish control of your business can help you to make better decisions and achieve the best possible outcome.

From bereavement, wills, inheritance, separation and divorce to selling a house, personal injury and traffic offences, learn more about your personal legal rights.

Commonhold property

Commonhold property ownership was introduced in 2004 as an alternative to leasehold ownership. It allows developers and lenders to set up and finance 'commonhold' schemes in new housing developments, retail and business parks. Businesses looking for premises should get to grips with the specific rights and obligations that come with the ownership of a commonhold property

Commonhold schemes, which apply to registered land only, are intended for commercial and residential multi-occupancy properties with extensive common facilities and structures, such as roads and car parks, shared walls, stairways, lifts, roofs, and utilities.

From leasehold to freehold with collective responsibilities

Before 2004, units in a multi-occupancy development had traditionally been sold on leasehold terms. Under commonhold, sales are on a freehold basis, but owners have mandatory responsibilities and rights for the management and maintenance of common parts. Unit owners in a commonhold scheme become a member of the commonhold association, which is formed as a limited company.

Freehold owners of existing multi-occupancy developments can apply to convert these to commonhold, but will need the consent of mortgage lenders and lessees. If the land is not registered, it will have to be registered first.

The advantages of commonhold over leasehold

Commonhold ownership offers a number of advantages over the traditional leasehold ownership.

  • The value of the commonhold does not automatically diminish over time as a leasehold interest does.
  • There are stronger safeguards for efficient management of common facilities.
  • Disputes among the unit owners must go through a dispute resolution process.
  • Much of the documentation for commonhold is standardised (although each association can adopt its own 'Local Rules').

Duty of care

Leasehold owners may relish the thought of becoming freehold owners, or the prospect of getting that pothole in the access road repaired at long last. But they will have to get used to voting procedures and canvassing the majority view among association members to get issues they want adopted or addressed.

Some associations may limit the alterations that can be made to common parts. Letting of residential units by unit owners is limited to seven-year leases, during which time the owner must continue to meet his responsibilities towards the commonhold association. So buying a property to let, and forgetting your responsibilities, is no longer an option under commonhold.

If you want to set up, or convert your property to, commonhold, take legal advice.

Stay up-to-date with business advice and news

Sign up to this lively and colourful newsletter for new and more established small businesses.

Contact us

Make an enquiry