Ready reference guide

Transcription

1 Land Registry Ready reference guide For all applications received at Land Registry offices on or after 17 March This guide contains a summary only. For further details see the Land Registration Fee Order Registration services fees March 2014

2 Registration services Your application may be cancelled if the correct fee is not paid. If you are unsure of the fee, please contact Land Registry for advice. See contact details. Scale 1 Articles 2 and 3 Reduced for voluntary first registrations 50 per cent reduction for transfers of whole and many other applications of whole for registered titles delivered by the portal or Business Gateway Use Scale 1 for the following transactions. First registrations If made within one year of an open market sale, base the fee on the consideration (plus amount outstanding under any continuing charge). However, for the following first registrations the fee is payable on the full current open market value of the estate. Assents. Exchanges. Equity release transfers. First mortgages. First registrations more than one year old. Franchises. Profits. Transfers by way of gift. Transfers of a share. Transfers of registered land for value (this includes transfers giving effect to dispositions of shares in registered estates). Fee payable on the consideration. First registration of a rentcharge Fee payable 40. Leases See leases section. Surrenders and cancellation of leases See leases section. Transfers made under r.38 of the Land Registration Rules 2003 Fee payable on later transaction only. NB: Applications for first registration of title to a rentcharge, a francise or a profit, or mines and minerals held apart from the surface are not treated as voluntary applications for fee purposes, and do not qualify for a reduced fee. Applications for first registration based on adverse possession or lost deeds are regarded as voluntary applications, unless the application includes a deed that triggers compulsory registration. Large scale applications Where the deed affects 20 registered titles or more, or where a first registration comprises of 20 land units or more, please refer to Practice Guide 33 Large Scale Applications (Calculation of Fees). Value or amount ( ) Fee electronic ( ) for transfers of whole and other applications of whole of registered titles delivered by the portal or Business Gateway Fee electronic ( ) for registration of all leases, transfers of part, and all other scale 1 applications that do not affect the whole of a registered title delivered by the portal or Business Gateway Fee postal ( ) for all scale 1 applications delivered by postal means 0 80, , , , , , , ,001 1,000, ,000,001 and over Reduced fee ( ) for a voluntary first registration

3 Scale 2 Articles 4 and 5 Do not use for any first registrations 50 per cent reduction for transfers of whole and many other applications of whole for registered titles delivered by the portal or Business Gateway Use Scale 2 for the following transactions. Transfers of registered estates not for value Assess the fee on the value of the estate, less the amount outstanding on any continuing registered charge. Where a transfer not for value gives effect to the transfer of a share in a registered estate, the fee is payable on the value of that share. Transfers of registered charges Fee payable on the consideration, or, where the transfer is not for value, on the amount secured by the charge at the time of the transfer. Where a transfer not for value gives effect to the transfer of a share in a registered charge the fee is payable on the value of that share. Charges of registered estates See charges section. Other applications affecting registered estates The fee for the following is payable on the value of the estate less the amount of any continuing registered charge. Appropriations. Assents of registered estates. NB: Not if first registration. Transfers of matrimonial or civil partnership homes pursuant to court orders. Transfers by operation of law on death or bankruptcy. Vesting orders or declarations (under s.27(5) of the Land Registration Act 2002). Surrenders of leases not for value See leases section. Large scale application Where the deed affects 20 registered titles or more, please refer to Practice Guide 33 Large Scale Applications (Calculation of Fees). Value or amount ( ) Fee electronic ( ) for transfers of whole, charges of whole, transfers of charges and other applications of whole of registered titles delivered by the portal or Business Gateway Fee electronic ( ) for registration of all leases, transfers of part, and all other scale 2 applications that do not affect the whole of a registered title delivered by the portal or Business Gateway 0 100, , , , , ,001 1,000, ,000,001 and over Fee postal ( ) for all scale 2 applications delivered by postal means

4 The following applications are exempt from fee Schedule 4 1 Change the property description or the name, address or description of any person referred to in the register. 2 Change the registered proprietor following certain statutory vestings. 3 Register the surrender of a registered lease where a scale fee is paid for the registration of a new lease of substantially the same property and the registered proprietor remains the same (see leases section). 4 Discharge a registered charge. 11 Deregister a manor. 12 Enter a note of the dissolution of a corporation. 13 Register a joint proprietorship restriction in form A in Schedule 4 to the Land Registration Rules *Access the registrar s computer system from a remote terminal for day list information. *Note: Paragraph 14 relates to information services but is reproduced here as it is included in Schedule 4. 5 Register or renew a home rights notice, or renew a home rights caution under the Family Law Act Register the death of a joint proprietor. 7 Cancel a notice (other than a notice of an unregistered lease or unregistered rentcharge), caution against first registration, caution against dealings, including a withdrawal of a notice of deposit or intended deposit, inhibition, restriction, or note. 8 Remove the designation of a document as an exempt information document. 9 Approve an estate layout plan or any draft document with or without a plan. 10 Give effect to an order by the registrar (other than an order under s.41(2) of the Land Registration Act 2002).

5 The following applications attract a fixed fee * Note: Paragraphs 5, 6, 7 and 8 below no fixed fee is payable if the application is accompanied by a scale fee application. Schedule 3 Parts 1 and 4 Part 1 Delivered by the portal or Business Gateway Delivered by any other permitted means 1 Standard restrictions; most notices; new or additional beneficiaries of a unilateral notice; an obligation to make further advances; an agreement of a maximum amount of security and an alteration of priority of registered charges. NB: No fee is payable if, for each registered title affected, the application is accompanied by a scale fee application or another application attracting a fee under this same paragraph, ie Schedule 3, Part 1(1) lodged at the same time. 2 Non-standard restrictions. 3 Caution against first registration. 4 Alter a cautions register. 5 *Closing a leasehold or rentcharge title (not on surrender). (For fees on surrender, see leases section.) 6 *Upgrading a title. 7 *Cancelling notice of an unregistered lease or unregistered rentcharge. 8 *Entry or removal of a record of a defect in title under s.64(1) of the Land Registration Act Outline application delivered. 10 Order under s.41(2) of the Land Registration Act 2002 in respect of a restriction. 11 Adverse possession of a registered estate (including site inspection fee). 12 Notification of an application for adverse possession. 13 Determination of a boundary. 14 Alteration of the register. Up to three titles Each additional title Per title Per register Per title Per title Per title Per title Per title Per application Per application 20 40

6 Part 1 (cont) Delivered by the portal or Business Gateway Delivered by any other permitted means 15 Freehold estate in commonhold without unit holders. 16 Adding land: (a) to the common parts title (b) to a commonhold unit (c) adding commonhold units. 17 Land ceases to be commonhold during the transitional period. 18 Freehold estate in commonhold land with unit holders. 19 Amended commonhold community statement which changes the extent: (a) common parts (b) commonhold units. NB: No fee is payable if, for each registered title affected, the application is accompanied by a scale fee application or another application attracting a fee under this part, ie Schedule 3, Part Amended commonhold community statement which does not change the extent. NB: No fee is payable if, for each registered title affected, the application is accompanied by a scale fee application or another application attracting a fee under this part, ie Schedule 3, Part Alteration to the Memorandum or Articles of Association of a commonhold association. 22 Termination of a commonhold registration. 23 Noting surrender of a development right under s. 58 of the Commonhold and Leasehold Reform Act Up to 20 units Up to 20 units thereafter 10 Up to 20 units Up to 20 units thereafter 10 Per unit converted Up to 3 units For each subsequent unit 20 Per title Part 4 1 Application for return of a document under rule Designate a document an exempt information document. 9 Per document 12 25

7 Charges of registered land Use Scale 2 Fees payable Where the charge secures a fixed amount, base the fee on that amount. Where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, base the fee on the maximum amount. Where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, base the fee on the value of the property charged. No fee payable A charge which accompanies a scale fee application under which the chargor becomes the registered proprietor of the land. A charge which is lodged before the completion of an application for compulsory first registration or for the registration of a transfer of registered land. NB: An application to register a charge that does not accompany, but is lodged before completion of, a voluntary first registration, is not exempt from a Scale 2 fee. Where the charge is by way of additional or substituted security or by way of guarantee, base the fee on the lesser of: the amount secured or guaranteed the value of the property charged. Where the charge secures an obligation or liability which is contingent upon the happening of a future event, base the fee on either: the maximum amount or value of the obligation if that maximum amount is greater than the value of the property charged, or is not limited by the charge, or cannot be calculated at the time of the application, the value of the property charged. For large scale applications when a charge affects more than 20 land units, refer to the penultimate page of this guide.

8 Leases Use Scale 1 for the following transactions. Registration The fee for an application by the original lessee or his or her personal representative for the registration of title to a lease, or for the registration of the grant of a lease, is payable either: on an amount equal to the sum of the premium and the rent if there is no premium, on the amount of any quantifiable rent, or if there is no premium and either there is no rent or the rent cannot be quantified, on the value of the lease (assessed under article 7 of the Fee Order) subject to a minimum fee of 40. NB: Rent means the annual rent or the rent for the term if the lease is for a term of less than a year. Rent means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made or, if the term of the lease is less than one year, the amount of the rent for the term. Where the rent is a peppercorn rent or other rent having no money value, the rent is treated as if it were an annual rent of one penny. Use Scale 2 for the following transaction. Surrender of a registered lease other than for monetary consideration. This includes where the tenant has paid a premium to the landlord in relation to the surrender or for the release of the tenant s covenants. The fee is based on the value of the lease prior to the surrender. A fixed fee of 40 (or 20 if submitted electronically) is payable for the following application. determination of a registered lease by effluxation of time, merger or forfeiture cancellation of entry of notice of an unregistered lease noting of a lease. NB: No fee is payable if the application accompanies another application where a scale fee is payable. Surrender of a registered lease for monetary consideration The fee is based on the amount or value of the consideration paid or given by the landlord for the surrender. NB: No fee is payable to register the surrender of a registered lease where a scale fee is paid for the registration of a new lease of substantially the same property and the registered proprietor remains the same.

9 Large scale applications Additional information Article 6 For applications involving 20 or more land units Land unit means: a parcel of registered land under a single title number a parcel of unregistered land that does not adjoin another area of unregistered land affected by the same application. For more details see Practice Guide 33 Large scale applications (calculation of fees) Applications not otherwise referred to Value Added Tax (VAT) When assessing value under either Scale 1 or Scale 2, fees must be paid on the VAT-inclusive consideration or rent. Land Registry fees are not subject to VAT. Payment of fees You can pay for services and substantive applications by a variable direct debit account, cheque or postal order, made payable to Land Registry. Visitors to the Customer Information Centre may also pay by credit/debit card or cash. Fee information is available on our website: Article 12 A fixed fee of 40 (or 20 if submitted electronically) is payable for applications where no other fee is payable under this fee order. The registration of the grant or acquisition of an easement (but not the noting of easements), amalgamation or subdivision under r.3 of the Land Registration Rules 2003 and registration of rentcharge granted out of a registered estate.

10 Contact details Variable direct debit information Accounts Section Land Registry Land Charges Department Seaton Court, 2 William Prance Road Plymouth PL6 5WS DX 8249 Plymouth 3 Phone: Business e-services (Available only to account holders) Service Access Team PO Box 650 Southfield House Southfield Way Durham DH1 9LR DX Durham 24 Phone: customersupport@landregistry.gov.uk Website: Comments on this guide Please comments on this guide to: fees@landregistry.gov.uk or contact any Land Registry office. Further information Fee information and copies of all our guides are available at or from any Land Registry office. Alternative format This publication can be made available in alternative formats on request. If you or any of your colleagues require an alternative format please contact Customer Service at Land Registry Head Office. National Land Information Service (NLIS) Regulated by: Land Data Community Interest Company Turnmill Street London EC1M 5LG Crown Copyright 2016 Issued by Land Registry Corporate Marketing & Communication