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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Land Registration Fees Order 2001 URL: http://www.bailii.org/uk/legis/num_reg/2001/20011179.html |
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Made | 20th March 2001 | ||
Coming into force | 1st May 2001 |
A =P + (10 × R) |
a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
(4) Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
(5) In the case of an application for first registration which is not made in pursuance of section 123A(2) of the Act[8] (compulsory registration: requirement to register) in relation to any of the land comprised in the application the fee otherwise payable in accordance with this article or article 6(2) (fees for large scale applications) shall be reduced by 25 per cent, provided that where the fee so reduced would be a figure which includes pence, the fee may be rounded down to the nearest £1.
Transfers of registered land for monetary consideration, etc.
3.
- (1) Subject to paragraphs (2) and (3), and to article 4(1)(h) (transfer of matrimonal home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
(2) Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
(3) Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
(4) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4.
- (1) Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
(2) Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
(3) In the case of rectification of the register:
Charges of registered land
5.
- (1) Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
(2) Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
(3) Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
(4) Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
(5) Subject to paragraphs (6) and (7), where a scale fee application ("the primary application") is made that will, when completed, result in a person ("the applicant") becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
(6) Where a charge by an applicant referred to in paragraph (5) also charges property ("the additional property") which comprises land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
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(c) "low value application" means a scale fee application, other than an application falling within article 2 (applications 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;
(d) "land unit" means:
(2) Subject to article 2(5) (voluntary registration: reduced fees), the fee for a large scale application shall be whichever is the greater of:
provided that the fee shall in no case exceed £40,000.
(3) If, having regard to the extent of the land comprised in a large area application, the Registar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
(3) As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar's opinion, is competent to make such a statement.
(4) Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8.
- (1) Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage.
(2) As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar's opinion, is competent to make such a statement.
Valuation (charges)
9.
- (1) Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
(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 registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
VR × C | |
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(4) Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
(5) If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
(6) For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
(2) Where an outline application is made to secure priority for a dealing with registered land which cannot be protected by an official search with priority of the register, the fee payable under paragraph (7) of Part I of Schedule 3 shall be payable on delivery of the application and any other fee payable in respect of the application shall be payable on the subsequent delivery of the necessary form and documentation.
Credit accounts
17.
- (1) In this article "credit limit" in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
(2) Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
(3) For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm's fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
(4) For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder's continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder's credit account.
(5) Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder's credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
(6) Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person's or that firm's credit account.
(7) A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
(8) On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
(9) Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct.
(10) The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (2).
Signed by the authority of the Lord Chancellor.
Willy Bach
Parliamentary Secretary, Lord Chancellor's Department
13th March 2001
Greg Pope
David Jamieson
Two of the Lord Commissioners of Her Majesty's Treasury
20th March 2001
Value or amount | Fee | Reduced fee where article 2(5) (voluntary registration: reduced fees) applies |
£ | £ | £ |
0-40,000 | 40 | 30 |
40,001-70,000 | 60 | 45 |
70,001-100,000 | 100 | 75 |
100,001-200,000 | 200 | 150 |
200,001-500,000 | 300 | 225 |
500,001-1,000,000 | 500 | 375 |
1,000,001 and over | 800 | 600 |
Value or amount | 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 or modify a caution, a restriction (other than a restriction to which paragraph (10) of Schedule 4 applies), a notice, an inhibition, or a note for which no other provision is made by this Order and for which the Registar considers a fee should be paid: - total fee for up to three titles |
£40 |
- additional fee for each subsequent title |
£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 which attracts a fee under this paragraph. | |
(2) To close or partly close a registered leasehold or rentcharge title other than on surrender (whether or not the surrender is for monetary consideration and whether effected by deed or otherwise) - for each title closed or partly closed |
£40 |
Provided that no such fee shall be payable if the application is accompanied by a scale fee application. | |
(3) To convert from one class of title to another |
£40 |
Provided that no fee shall be payable if the application for conversion is accompanied by a scale fee application. | |
(4) Application under rule 271 of the principal rules in relation to a lost or destroyed land certificate or charge certificate (in addition to the cost of any advertisement):
|
£40 |
(b) where a replacement certificate is not issued |
£20 |
(5) First registration of a title to a rentcharge |
£40 |
(6) To cancel an entry in the register of notice of an unregistered rentcharge which has determined on merger, redemption or otherwise - for each title affected |
£40 |
Provided that no such fee shall be payable if the application is accompanied by a scale fee application. | |
(7) An outline application to secure priority for a dealing with registered land which cannot be protected by an official search with priority of the register:
|
£2 |
(b) where delivered by any other means |
£4 |
such fee to be payable in addition to any other fee which is payable in respect of the application. |
(1) Inspection of the following, including in each case the making of a copy, on any one occasion when a person gains access to the Registrar's computer system by means of that person's remote terminal pursuant to rule 4A of the Land Registration (Open Register) Rules 1991:
|
£2 |
(b) any or all of the documents referred to in the register (other than documents referred to in paragraph (4) below) - per title |
£2 |
(c) the title plan - per title |
£3 |
(2) Inspection (otherwise than under paragraph (1) above):
|
£4 |
(b) of the title plan - per title |
£4 |
(c) of any or all of the documents referred to in the register (other than documents referred to in paragraph (4) below) - per title |
£4 |
(3) Office copy in respect of a registered title:
|
£4 |
(b) of the title plan - per copy |
£4 |
(c) of any or all of the documents referred to in the register (other than documents referred to in paragraph (4) below) - per title |
£4 |
(4) Where permitted, inspection or office copy (or both) in relation to:
(b) any document not referred to in a register: - per document |
£8 |
(5) Application to the Registrar to ascertain the title number or numbers (if any) under which land is registered where the applicant seeks to inspect or to be supplied with an office copy of a register or part of a 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 |
£4 |
(1) An official search with priority of the register or of a pending first registration application delivered to the Registrar by means of an applicant's remote terminal communicating with the Registrar's computer system where permitted in accordance with a notice given pursuant to rule 14 of the Land Registration (Official Searches) Rules 1993[9] - per title |
£2 |
(2) An official search of the register by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996[10] delivered to the Registrar by means of an applicant's remote terminal communicating with the Registrar's computer system where permitted in accordance with a notice given pursuant to rule 9 of the Land Registration (Matrimonial Home Rights) Rules 1997[11] - per title |
£2 |
(3) An official search of the register or of a pending first registration application other than as described in paragraphs (1) and (2) - per title |
£4 |
(4) A search of the register made by telephone |
£4 |
(5) The issue of an official certificate of inspection of the title plan |
£4 |
(6) Subject to article 10(4), an official search of the Index Map:
|
£4 |
(b) where no part of the land to which the search relates is registered - per application |
£4 |
(7) Official search of the index of proprietors' names - per name |
£10 |
(1) Application to be supplied with the name and address of the registered proprietor of land identified by its postal address - per application |
£4 |
(2) The supply by the Registrar of a copy of an Index Map section - per copy |
£40 |
(3) The supply of information under section 129 of the Act - per registered title in respect of which information is supplied |
£8 |
(4) Application for day list information on any one occasion when a person gains access to the Registrar's computer system by means of that person's remote terminal pursuant to rule 4B of the Land Registration (Open Register) Rules 1991 - per title |
£1 |
(1) To take an affidavit or declaration |
£5 |
(2) To take exhibits to an affidavit or declaration - per exhibit |
£2 |
[5] S.I. 1992/122; relevant amending instruments are S.I. 1993/3275, 1995/1354, 1999/2097.back
[7] S.R. & O. 1925/1093; relevant amending instrument is S.I. 2000/3225.back
[8] Section 123A was inserted by section 1 of the Land Registration Act 1997 (c. 2).back
[11] S.I. 1997/1964, to which there are amendments not relevant to this order.back