Corrective applications of the Commons Register
Commons Act 2006
1. Section 19(2)(a) and
2. Paragraphs 6-9 inclusive of Schedule 2
These sections, respectively allowing for
a) the correction of mistakes made by Commons Registration Authorities (CRA) and
b) the removal of wrongly registered land, were originally intended to be brought into force on 1 October 2014.
However, Defra has advised that their commencement has been delayed until 15th December 2014. The new regulations can be viewed at Legislation.gov.uk website.
On commencement, the following will apply:
Section 19(2)(a) :No fee is payable in the following circumstances:
1. if an application is expressed to be made under Section 19 (2)(a) and
2. the CRA confirms that an error was made by it in the original registration.
Paragraphs 6-9 Schedule 2:
1. a fee of £2500 will be charged by the CRA in respect of each register unit and
2. applicants should be aware that on any application, two sets of fees may be payable, one for the CRA and another for the Planning Inspectorate (PINS) in the event that the application is referred to the Secretary of State for determination. (PINS fees currently range from £2800 to £3800)
Dates by when applications should be made
Applications under paragraphs 6 and 7 of Schedule 2 must be made by 28 February 2027. There is no time limit for applications under section 19(2)(a).
Applicants should use the form that is most applicable to their circumstances, ranging from CA1 to CA15. These are available to download from Defra. Failure to use the correct application form or an application to the CRA by letter will result in the ‘application’ being returned immediately. Any application must be accompanied by the relevant fee. Any maps or plans which are required to accompany the application form must be to the prescribed scale as detailed in the application forms.
Time for determination
There is no specific time for determination of these applications. Applications which are held to be valid will be given attention in the order of receipt. Further information including comprehensive guidance notes and the full list of application forms is available from GOV.UK website.