Made | 15th May 2006 | ||
Laid before Parliament | 15th May 2006 | ||
Coming into force | 7th August 2006 |
(3) Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
(2) The fee for an application for the registration of title to the grant of a lease by the original lessee or his personal representative is payable under Scale 1—
on the value of the lease assessed under article 7 subject to a minimum fee of £40,
unless either of the circumstances in paragraph (3) applies.
(3) Paragraph (2) shall not apply if the application is —
(4) The fee for an application for the first registration of a rentcharge is £40.
(5) The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
(6) The fee for a voluntary application (other than a large scale application, where article 6(3) applies) is the fee which would otherwise be payable under paragraph (1) or (2) reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
(7) In paragraph (2) "lease" means—
Transfers of registered estates for monetary consideration, etc.
3.
—(1) Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of —
is payable under Scale 1 on the amount or value of the consideration.
(2) Paragraph (1) shall not apply if the application is —
(3) Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
(4) Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
(5) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination assessed under article 7.
Transfers of registered estates otherwise than for monetary consideration, etc.
4.
—(1) Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of —
is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.
(2) Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate, the fee for an application for its registration is payable under Scale 2 on the value of that share.
Charges of registered estates or registered charges
5.
—(1) The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraph (2), (3) or (4) applies.
(2) No fee is payable for an application to register a charge lodged with or before the completion of either a scale fee application or an application to which paragraph (17) in Part 1 of Schedule 3 applies ("the primary application") that will result in the chargor being registered as proprietor of the registered estate included in the charge unless —
(3) No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
(4) Where a charge also includes a registered estate which is not included in the primary application ("the additional property") any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
Value of the additional property | ||
× | Amount secured by the charge | |
Value of all the property included in the charge |
is payable under Scale 2 on the amount or value of the consideration.
(6) The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on —
(7) The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on —
(8) This article takes effect subject to article 6 (large scale applications).
Large scale applications, etc.
6.
—(1) In this article —
(b) "large scale application" means a scale fee application which relates to 20 or more land units, other than an application to register a disposition by the developer affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land, or a low value application,
(c) "low value application" means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000.
(2) Subject to paragraph (3), the fee for a large scale application is the greater of —
(3) If a large scale application is a voluntary application, the fee payable under paragraph (2) is reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
(2) As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or his conveyancer or by any other person who, in the registrar's opinion, is competent to make the statement.
(3) Where an application for first registration is made on —
and an unregistered interest is determined, the value of the land is the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (charges)
8.
—(1) On an application for registration of a charge, the amount of the charge is —
(e) where the charge secures an obligation or liability which is contingent upon the happening of a future event ("the obligation"), and is not a charge to which sub-paragraph (d) applies, an amount equal to —
(2) Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on a registered estate or registered charge, the fee is payable on an amount calculated as follows —
Value of the registered estate or registered charge | ||
× | Amount of the charge | |
Value of all the property charged |
(4) Where one deed contains two or more charges to secure the same debt not made by the same chargor, the deed is to be treated as a separate single charge by each of the chargors and a separate fee is to be paid for registration of the charge by each chargor on the lesser of —
(5) In this article "value of the property charged" means the value of the registered estate or the amount of the registered charge or charges affected by the application to register the charge, less the amount secured by any prior registered charges.
Amount or value | Fee | Reduced fee where article 2(6) (voluntary registration: reduced fees) applies |
£ | £ | £ |
0–50,000 | 40 | 30 |
50,001–80,000 | 60 | 45 |
80,001–100,000 | 100 | 75 |
100,001–200,000 | 150 | 110 |
200,001–500,000 | 220 | 165 |
500,001–1,000,000 | 420 | 315 |
1,000,001 and over | 700 | 525 |
Amount or value | Fee |
£ | £ |
0–100,000 | 40 |
100,001–200,000 | 50 |
200,001–500,000 | 70 |
500,001–1,000,000 | 100 |
1,000,001 and over | 200 |
Fee | |
(1) To register:
(b) a notice (other than a notice to which section 117(2)(b) of the Act applies), or (c) a new or additional beneficiary of a unilateral notice |
|
– total fee for up to three registered titles affected . . . . . . . . . . . . . . . . . . . . |
£40 |
– additional fee for each subsequent registered title affected . . . . . . . . . . . . . . . . . . . . |
£20 |
Provided that no such fee is payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application which attracts a fee under this paragraph. |
|
(2) To register a restriction in a form not contained in Schedule 4 to the rules – for each registered title. . . . . . . . . . . . . . . . . . . . |
£80 |
(3) To register a caution against first registration (other than a caution to which section 117(2)(a) of the Act applies) . . . . . . . . . . . . . . . . . . . . |
£40 |
(4) To alter a cautions register – for each individual cautions register . . . . . . . . . . . . . . . . . . . . |
£40 |
(5) To close or partly close a registered leasehold or a registered rentcharge title other than on surrender –for each registered title closed or partly closed . . . . . . . . . . . . . . . . . . . . |
£40 |
Provided that no such fee is payable if the application is accompanied by a scale fee application. |
|
(6) To upgrade from one class of registered title to another . . . . . . . . . . . . . . . . . . . . |
£40 |
Provided that no such fee is payable if the application for upgrading is accompanied by a scale fee application. |
|
(7) To cancel an entry in the register of notice of an unregistered rentcharge which has determined – for each registered title affected . . . . . . . . . . . . . . . . . . . . |
£40 |
Provided that no such fee is payable if the application is accompanied by a scale fee application. |
|
(8) To enter or remove a record of a defect in title pursuant to section 64(1) of the Act . . . . . . . . . . . . . . . . . . . . |
£40 |
Provided that no such fee is payable if the application is accompanied by a scale fee application. |
|
(9) An outline application made under rule 54: |
|
(a) where delivered from a remote terminal . . . . . . . . . . . . . . . . . . . . |
£2 |
(b) where delivered by any other permitted means . . . . . . . . . . . . . . . . . . . . |
£4 |
Such fee is payable in addition to any other fee which is payable in respect of the application. |
|
(10) For an order in respect of a restriction under section 41(2) of the Act – for each registered title affected . . . . . . . . . . . . . . . . . . . . |
£40 |
(11) To register a person in adverse possession of a registered estate – for each registered title affected . . . . . . . . . . . . . . . . . . . . |
£100 |
(12) For registration as a person entitled to be notified of an application for adverse possession – for each registered title affected . . . . . . . . . . . . . . . . . . . . |
£40 |
(13) For the determination of the exact line of a boundary under rule 118 – for each application . . . . . . . . . . . . . . . . . . . . |
£80 |
(14) To register a freehold estate in land as a freehold estate in commonhold land which is not accompanied by a statement under section 9(1)(b) of the CLRA: |
|
(a) up to 20 commonhold units . . . . . . . . . . . . . . . . . . . . |
£40 |
(b) for every 20 commonhold units, or up to 20 commonhold units, thereafter. . . . . . . . . . . . . . . . . . . . |
£10 |
(15) To add land to a commonhold: |
|
(a) adding land to the common parts title . . . . . . . . . . . . . . . . . . . . |
£40 |
(b) adding land to a commonhold unit . . . . . . . . . . . . . . . . . . . . |
£40 |
(c) adding commonhold units |
|
– up to 20 commonhold units . . . . . . . . . . . . . . . . . . . . |
£40 |
– for every 20 commonhold units, or up to 20 commonhold units, thereafter . . . . . . . . . . . . . . . . . . . . |
£10 |
(16) To apply for a freehold estate in land to cease to be registered as a freehold estate in commonhold land during the transitional period, as defined in the CLRA. . . . . . . . . . . . . . . . . . . . |
£40 |
(17) To register a freehold estate in land as a freehold estate in commonhold land, which is accompanied by a statement under section 9(1)(b) of the CLRA |
|
– for each commonhold unit converted . . . . . . . . . . . . . . . . . . . . |
£40 |
(18) To register an amended commonhold community statement which changes the extent of the common parts or any commonhold unit: |
|
(a) for the common parts . . . . . . . . . . . . . . . . . . . . |
£40 |
(b) for up to three commonhold units . . . . . . . . . . . . . . . . . . . . |
£40 |
(c) for each subsequent commonhold unit . . . . . . . . . . . . . . . . . . . . |
£20 |
Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part. |
|
(19) To register an amended commonhold community statement, which does not change the extent of a registered title within the commonhold. . . . . . . . . . . . . . . . . . . . |
£40 |
Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part. |
|
(20) To register an alteration to the Memorandum or Articles of Association of a commonhold association . . . . . . . . . . . . . . . . . . . . |
£40 |
(21) To make a termination application |
|
– for each registered title affected . . . . . . . . . . . . . . . . . . . . |
£40 |
(22) To note the surrender of a development right under section 58 of the CLRA. . . . . . . . . . . . . . . . . . . . |
£40 |
(1) Inspection, from a remote terminal: |
|
(a) for each individual register . . . . . . . . . . . . . . . . . . . . |
£3 |
(b) for each title plan . . . . . . . . . . . . . . . . . . . . |
£3 |
(c) for any or all of the documents (other than leases) referred to in an individual register – for each registered title . . . . . . . . . . . . . . . . . . . . |
£5 |
(d) for each lease referred to in an individual register. . . . . . . . . . . . . . . . . . . . |
£10 |
(e) for the individual register and title plan of a commonhold common parts title – for each registered title. . . . . . . . . . . . . . . . . . . . |
£3 |
(f) for each individual caution register . . . . . . . . . . . . . . . . . . . . |
£3 |
(g) for each caution plan . . . . . . . . . . . . . . . . . . . . |
£3 |
(h) for any other document kept by the registrar which relates to an application to him – for each document . . . . . . . . . . . . . . . . . . . . |
£5 |
(2) Inspection (otherwise than under paragraph (1)): |
|
(a) for each individual register . . . . . . . . . . . . . . . . . . . . |
£6 |
(b) for each title plan . . . . . . . . . . . . . . . . . . . . |
£6 |
(c) for any or all of the documents (other than leases) referred to in an individual register – for each registered title . . . . . . . . . . . . . . . . . . . . |
£10 |
(d) for each lease referred to in an individual register. . . . . . . . . . . . . . . . . . . . |
£20 |
(e) for the individual register and title plan of a commonhold common parts title – for each registered title. . . . . . . . . . . . . . . . . . . . |
£6 |
(f) for each individual caution register . . . . . . . . . . . . . . . . . . . . |
£6 |
(g) for each caution plan . . . . . . . . . . . . . . . . . . . . |
£6 |
(h) for any other document kept by the registrar which relates to an application to him – for each document . . . . . . . . . . . . . . . . . . . . |
£10 |
(3) Official copy in respect of a registered title: |
|
(a) for each individual register |
|
(i) where an official copy in electronic form is requested from a remote terminal . . . . . . . . . . . . . . . . . . . . |
£3 |
(ii) where an official copy in paper form is requested by any permitted means . . . . . . . . . . . . . . . . . . . . |
£6 |
(b) for each title plan |
|
(i) where an official copy in electronic form is requested from a remote terminal. . . . . . . . . . . . . . . . . . . . |
£3 |
(ii) where an official copy in paper form is requested by any permitted means . . . . . . . . . . . . . . . . . . . . |
£6 |
(c) for each commonhold common parts individual register and title plan: |
|
(i) where an official copy in electronic form is requested from a remote terminal . . . . . . . . . . . . . . . . . . . . |
£3 |
(ii) where an official copy in paper form is requested by any permitted means. . . . . . . . . . . . . . . . . . . . |
£6 |
(4) Official copy in respect of the cautions register |
|
(a) for each individual caution register |
|
(i) where an official copy in electronic form is requested from a remote terminal. . . . . . . . . . . . . . . . . . . . |
£3 |
(ii) where an official copy in paper form is requested by any permitted means . . . . . . . . . . . . . . . . . . . . |
£6 |
(b) for each caution plan |
|
(i) where an official copy in electronic form is requested from a remote terminal. . . . . . . . . . . . . . . . . . . . |
£3 |
(ii) where an official copy in paper form is requested by any permitted means. . . . . . . . . . . . . . . . . . . . |
£6 |
(5) Official copy of any or all of the documents (other than a lease) referred to in an individual register – for each registered title |
|
(a) where an official copy in electronic form is requested from a remote terminal . . . . . . . . . . . . . . . . . . . . |
£5 |
(b) where an official copy in paper form is requested by any permitted means . . . . . . . . . . . . . . . . . . . . |
£10 |
(6) Official copy of a lease referred to in an individual register – for each lease |
|
(a) where an official copy in electronic form is requested from a remote terminal and a copy of the lease is held in electronic form by the registrar. . . . . . . . . . . . . . . . . . . . |
£10 |
(b) where an official copy in electronic form is requested from a remote terminal and a copy of the lease is not held in electronic form by the registrar. . . . . . . . . . . . . . . . . . . . |
£20 |
(c) where an official copy in paper form is requested by any permitted means . . . . . . . . . . . . . . . . . . . . |
£20 |
(7) Official copy of any other document kept by the registrar which relates to an application to him – for each document |
|
(a) where an official copy in electronic form is requested from a remote terminal and a copy of the document is held in electronic form by the registrar. . . . . . . . . . . . . . . . . . . . |
£5 |
(b) where an official copy in electronic form is requested from a remote terminal and a copy of the document is not held in electronic form by the registrar. . . . . . . . . . . . . . . . . . . . |
£10 |
(c) where an official copy in paper form is requested by any permitted means . . . . . . . . . . . . . . . . . . . . |
£10 |
(8) Copy of an historical edition of a registered title (or of part of the edition where rule 144(4) applies) – for each title . . . . . . . . . . . . . . . . . . . . |
£8 |
(9) Subject to paragraph (14) of Schedule 4, application to the registrar to ascertain the title number or numbers (if any) under which the estate is registered where the applicant seeks to inspect or to be supplied with an official copy of an individual register or of a title plan and the applicant has not supplied a title number, or the title number supplied does not relate to any part of the land described by the applicant – for each title number in excess of ten disclosed. . . . . . . . . . . . . . . . . . . . |
£4 |
(1) An official search of an individual register or of a pending first registration application made to the registrar from a remote terminal– for each title . . . . . . . . . . . . . . . . . . . . |
£3 |
(2) An official search of an individual register by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996[7] made to the registrar from a remote terminal. . . . . . . . . . . . . . . . . . . . |
£3 |
(3) An official search of an individual register or of a pending first registration application other than as described in paragraphs (1) and (2) – for each title . . . . . . . . . . . . . . . . . . . . |
£6 |
(4) The issue of a certificate of inspection of a title plan – for each registered title affected. . . . . . . . . . . . . . . . . . . . |
£6 |
(5) Subject to paragraph (15) of Schedule 4, an official search of the index map – for each registered title in excess of ten in respect of which a result is given . . . . . . . . . . . . . . . . . . . . |
£4 |
(6) Search of the index of proprietors' names – for each name . . . . . . . . . . . . . . . . . . . . |
£10 |
(7) An official search of the index of relating franchises and manors – for each administrative area |
|
(a) where the application is made from a remote terminal dotfill; |
£3 |
(b) where the application is made by any other permitted means . . . . . . . . . . . . . . . . . . . . |
£6 |
(1) Application to be supplied with the name and address of the registered proprietor of a registered title identified by its postal address – for each application . . . . . . . . . . . . . . . . . . . . |
£4 |
(2) Application for return of a document under rule 204 . . . . . . . . . . . . . . . . . . . . |
£8 |
(3) Application that the registrar designate a document an exempt information document. . . . . . . . . . . . . . . . . . . . |
£20 |
(3) The fees for official searches of the register, of pending first registration applications and of the index of relating franchises and manors have been increased from £2 to £3, when requested from a remote terminal, and from £4 to £6 in other cases. The fee for the issue of certificates of inspection of a title plan has also been increased from £4 to £6 (Part 3 of Schedule 3).
(4) The Land Registration Fee Order 2004 (Part 4 of Schedule 3) prescribed a fee of £40 for an application for an official copy of an exempt information document under rule 137 of the Land Registration Rules 2003. This provision has not been carried forward and the general provisions regarding fees for documents in Part 2 of Schedule 3 now apply.
A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business.
[2] Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302. The amendment made by paragraph 302(2) is subject to section 22 of that Act.back
[4] S.I. 2003/1417; amending instruments S.I. 2005/1766 and S.I. 2005/1982.back
[5] S.I.2004/595; amending instrument S.I. 2004/1833.back