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Commons Act 2006 - Common Land and Town and Village Green Applications

The Common Registration Act 1965 no longer applies in Hertfordshire as we are one of the 7 pilot authorities for the Commons Act 2006. This has superseeded the 1965 Act. To register a piece of land as village green/common land we can use the 2006 Act. However for village green, you will need to show 20 years use (of lawfull sports and pastimes) and for common land you will need all the landowners' agreement.

Please choose one of the application forms from the table below and use the corresponding form on the next page.
It is a requirement to submit evidence with the application form. Any missing details may result in your application being unsuccessful. If you apply for village green, you will need as many evidence questionnaires filled in as possible. It is the one referred to on our website. If you apply for common land you will need evidence that the piece of land has had rights execised over it and the owners agreement. Picture are very useful, especially if dated.

If you wish to apply to amend rights over common land, we advise you contact us to guide you to the correct application form.

As for fees. Fees for common land applications are to come in for all applications after the transitional pilot period (to 30 September 2010). There is however no fee for village green applications.

Purpose of application	Application fee	Provision under, or for the purposes of which, the application is made
declaration of entitlement to exercise a right of common	£25	regulation 44
creation of a right of common resulting in the registration of new common land	no fee	section 6 of the 2006 Act
creation of a right of common over existing common land	£100	section 6 of the 2006 Act
variation of a right of common	£100	section 7 of the 2006 Act
apportionment of a right of common	£100	section 8 of the 2006 Act
attachment of a right of common	no fee	section 10 of the 2006 Act
re-allocation of attached rights	£100	section 11 of the 2006 Act
transfer of a right in gross	£40	section 12 of the 2006 Act
surrender or extinguishment of a right of common	£80	section 13 of the 2006 Act
statutory disposition pursuant to section 14 of the 2006 Act (including the exchange of land for land subject to a statutory disposition)	£150	Schedule 4, paragraph 8
registration of a new town or village green other than by the owner	no fee	section 15(1) of the 2006 Act
registration of a new town or village green by the owner	no fee	section 15(8) of the 2006 Act
correction, for the purpose of section 19(2)(a) (of a mistake made by the registration authority)	no fee	section 19 of the 2006 Act
correction, for a purpose described in section 19(2)(b), (c) or (e)	£100	section 19 of the 2006 Act
correction, for a purpose described in section 19(2)(d)	£15	section 19 of the 2006 Act
severance by transfer to public bodies	£80	Schedule 1, paragraph 1(6)(b), to the 2006 Act
severance authorised by order	£80	Schedule 1, paragraph 3(7)(b), to the 2006 Act
non-registration of common land or town or village green	no fee	Schedule 2, paragraph 2 or 3, to the 2006 Act
waste land of a manor not registered as common land	no fee	Schedule 2, paragraph 4, to the 2006 Act
town or village green wrongly registered as common land	no fee	Schedule 2, paragraph 5, to the 2006 Act
deregistration of certain land registered as common land or as a town or village green	£600	Schedule 2, paragraphs 6 – 9, to the 2006 Act
for any purpose listed below	no fee	Schedule 3, paragraph 2, to the 2006 Act: application made during the transitional application period
creation of a right of common	£190	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period
surrender or extinguishment of a right of common	£100	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period
variation of a right of common	£180	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period
apportionment of a right of common (to facilitate any other purpose)	£160	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period
severance of a right of common	£100	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period
transfer of a right in gross	£100	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period
statutory disposition (including the exchange of land for land subject to a statutory disposition)	£180	Schedule 3, paragraph 2 or 4, to the 2006 Act: application made after the end of the transitional application period