Understanding the Process to Register Land as a Town or Village Green

Understanding the Application Process for Registering Land as a Town or Village Green under the Commons Act 2006 (Section 15)

The Welsh Government provides a formal process for individuals or organisations to register land as a Town or Village Green through the use of the official form known as Form 44. This registration process is governed by Section 15 of the Commons Act 2006 and aims to protect land used by the community for recreation and leisure activities. This article offers a comprehensive overview of how to complete and submit this application, who should do so, and the key points to consider.

Who Should Use Form 44 and When?

Form 44 is designed for applicants seeking to register land as a Town or Village Green, either voluntarily or under specific legal criteria outlined in the Act. This form is relevant for:

• Individuals or organisations claiming land used as of right by the community for recreation for at least 20 years.
• Landowners wishing to voluntarily register their land under section 15(8) to protect it from future development.
• Applicants relying on statutory periods of closure or other specific legal provisions to establish use as of right.

It is essential to read the accompanying guidance notes before completing the form to ensure all criteria are properly addressed.

Completing the Application: Essential Sections and Requirements

1. Registration Authority

Insert the name of the relevant registration authority responsible for land registration in your area. This is typically the local land charges or land registry office.

2. Applicant Details

Provide the full name and postal address of the applicant. If there are multiple applicants, list all names on a separate sheet. For organisations, include the full legal title. Contact details such as telephone number, fax, and email are also required to facilitate correspondence.

3. Solicitor Details (if applicable)

If a solicitor is instructed to handle the application, include their name, firm, full postal address, and contact details. All official notices and correspondence will be sent to the solicitor if this section is completed.

4. Basis of Application and Qualifying Criteria

Applicants must specify whether they are applying voluntarily under section 15(8) or relying on specific subsections of section 15(1). For applications under section 15(1), indicate which subsection applies (e.g., 15(2), 15(3), 15(4)), and provide relevant dates or periods of statutory closure if applicable.

• If claiming use as of right for at least 20 years, ensure to specify the start date of use.
• If claiming a statutory closure period, specify the period to be disregarded.

5. Description of the Land

Describe the land area intended for registration, including its common name and precise location. Attach a map at a scale of at least 1:2,500, clearly showing the land with distinctive colouring for identification. If the land is registered as common land, include the relevant register unit number.

6. Locality or Neighbourhood

Specify the broader locality or neighbourhood where the land is situated, such as a town, village, or electoral ward. If necessary, attach a map highlighting this area for clarity.

Points of Attention and Tips for Applicants

Before submitting Form 44, applicants should:

• Thoroughly review the Guidance Notes for the completion of an Application for the registration of land as a Town or Village Green.
• Ensure all sections, particularly questions 1-6 and 10-11, are completed accurately.
• Be aware of the legal criteria under which they are applying, especially if relying on specific subsections of Section 15.
• Attach all required maps and supporting documentation to facilitate the registration process.
• Keep copies of the application and any correspondence for future reference.

Submitting a well-prepared application increases the likelihood of a successful registration, helping protect community land from development and preserving it for public use.