Collective Enfranchisement: Criteria
The building must be self contained with at least two flats, at least 50% of all flats in the building must participate (if there are only two flats in the building then both must participate), a maximum of 25% of internal floor space for non-residential use is required and it must not be a building within a cathedral precinct, a National Trust or Crown property.
The qualifying criteria for leaseholders is that they:
- Own a lease that when granted had an unexpired term of at least 21 years;
- A lease with an unexpired term of less than 21 years but with a clause providing a right of perpetual renewal or;
- The communication of a long lease under the Local Government Housing Act 1989 following the expiry of the original term or;
- A shared ownership lease where the leaseholders share is 100%;
- The leaseholder owns a maximum of 2 flats in the building (although you can still qualify for a lease renewal).
Even if a leaseholder satisfies one of the above conditions there are certain exceptions where they will still not qualify where they:
- Have a landlord who is a charitable housing trust and the flat is purchased as part of the charity’s functions;
- Own more than 2 flats in the building;
- Own a business or a commercial lease.