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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Land Registration Fee Order 2003 URL: http://www.bailii.org/uk/legis/num_reg/2003/20032092.html |
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| Made | 11th August 2003 | ||
| Laid before Parliament | 30th Octoberber 2003[a] | ||
| Coming into force in accordance with article 1(1) |
(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 a lease (whether or not it is a registrable disposition) 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 is the fee which would otherwise be payable under paragraphs (1) and (2) for applications to which those paragraphs apply 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.
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.
Transfers 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.
(3) In any application for alteration of the register -
Charges of registered estates
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 paragraphs (2), (3) or (4) apply.
(2) No fee is payable for an application to register a charge lodged with or before the completion of a scale fee application (`the primary application') that will result in the chargor being registered as proprietor of the registered land 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 any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
| × 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 -
(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;
(d) "land unit" means -
(2) Unless the application is one in respect of a charge lodged with another application and falls within article 5(2), the fee for a large scale application is the greater of -
(3) The fee for a large area application is the Scale 1 fee and if the registrar considers that the cost of the work involved in dealing with the application would substantially exceed the scale fee otherwise payable, he may direct that an additional fee be paid but the fee is not to exceed the cost of the work involved.
(4) If a large area application or a large scale application is a voluntary application, the fee payable under this article is reduced in accordance with article 2(6).
(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 |
(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.
(5) Notification of the additional fee under paragraph (4) shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
10.
No fee is payable in respect of any of the applications and services specified in Schedule 4.
Cost of surveys, advertisements and special enquiries
12.
Unless the registrar directs otherwise, the applicant is to meet the costs of any survey, advertisement or other special enquiry that the registrar requires to be made or published in dealing with an application.
Applications not otherwise referred to
13.
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 on the value of the registered estate or on the amount of the charge as the registrar shall direct having regard to the work involved.
Method of payment
14.
- (1) Fees payable under this Order shall be collected in money.
(2) Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to the Land Registry.
(3) Where there is an agreement with the applicant, a fee may be paid by direct debit to such bank account of the Land Registry as the registrar may from time to time direct.
(4) Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.
(5) Where the amount of the fee payable on an application is not immediately quantifiable, the applicant shall pay the sum of £40 towards the fee when the application is made and shall lodge at the same time an undertaking to pay on demand the balance of the fee due, if any.
(6) Where an outline application is made, the fee payable shall be the fee payable under paragraph (9) of Part 1 of Schedule 3 in addition to the fee otherwise payable under this Order.
Credit accounts
15.
- (1) Any person or firm may, if authorised by the registrar, use a credit account in accordance with this article for the payment of fees for applications and services of such kind as the registrar shall from time to time direct.
(2) To enable the registrar to consider whether or not a person or firm applying to use a credit account may be so authorised, that person or firm shall supply the registrar with 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.
(3) To enable 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 supply the registrar, when requested to do so, with 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.
(4) Where an account holder makes an application where credit facilities are available to him, he may make a request, in such manner as the registrar directs, 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.
(5) Where an account holder makes an application where credit facilities are available to him, and the application is accompanied neither by a fee nor a request for the fee to be debited to his account, the registrar may debit the fee to his account.
(6) A statement of account shall be sent by the registrar to each account holder at the end of each calendar month or such other interval as the registrar shall direct.
(7) The account holder must pay any sums due on his credit account before the date and in the manner specified by the registrar.
(8) The registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
(9) In this article "credit limit" in relation to a credit account authorised for use under paragraph (1) 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 means of such communication as the registrar considers appropriate.
Signed by the authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State Department for Constitutional Affairs
Dated 17th July 2003
We concur
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury
Dated 11th August 2003
| 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 | 250 | 190 |
| 500,001-1,000,000 | 450 | 340 |
| 1,000,001 and over | 750 | 560 |
| 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 | |
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(1) To register: |
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(a) a standard form of restriction contained in Schedule 4 of the rules, or |
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(b) a notice (other than a notice to which section 117(2)(b) of the Act applies), or |
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(c) a new or additional beneficiary of a unilateral notice, or |
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(d) an entry for which no other provision is made by this Order and for which the registrar considers a fee should be paid: |
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- total fee for up to three registered titles ..................... |
£40 |
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- additional fee for each subsequent registered title ..................... |
£20 |
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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. |
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(2) To register a restriction in a form not contained in Schedule 4 of the rules - for each registered title ..................... |
£80 |
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(3) To register a caution against first registration (other than a caution to which section 117(2)(a) of the Act applies) ..................... |
£40 |
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(4) To alter a cautions register - for each individual cautions register ..................... |
£40 |
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(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 |
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Provided that no such fee is payable if the application is accompanied by a scale fee application. |
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(6) To upgrade from one class of registered title to another ..................... |
£40 |
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Provided that no such fee is payable if the application for upgrading is accompanied by a scale fee application. |
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(7) To cancel an entry in the register of notice of an unregistered rentcharge which has determined - for each registered title affected ..................... |
£40 |
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Provided that no such fee is payable if the application is accompanied by a scale fee application. |
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(8) To enter or remove a record of a defect in title pursuant to section 64(1) of the Act ..................... |
£40 |
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Provided that no such fee is payable if the application is accompanied by a scale fee application. |
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(9) 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: |
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(a) where delivered directly to the registrar's computer system by means of a remote terminal |
£2 |
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(b) where delivered by any other means ..................... |
£4 |
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Such fee is payable in addition to any other fee which is payable in respect of the application. |
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(10) For an order in respect of a restriction under section 41(2) of the Act - for each registered title affected ..................... |
£40 |
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(11) To register a person in adverse possession of a registered estate - for each registered title affected ..................... |
£100 |
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(12) For registration as a person entitled to be notified of an application for adverse possession - for each registered title affected ..................... |
£40 |
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(13) Subject to article 9(4), for the determination of the exact line of a boundary under rule 118 - for each registered title ..................... |
£80 |
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(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 a remote terminal under rule 132: |
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(a) for each individual register ..................... |
£2 |
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(b) for each title plan ..................... |
£2 |
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(c) for any or all of the documents referred to in an individual register (other than the documents referred to in paragraph (7) below) ..................... |
£2 |
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(d) for each individual caution register ..................... |
£2 |
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(e) for each caution plan ..................... |
£2 |
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(f) for any other document kept by the registrar which relates to an application to him - per document ..................... |
£2 |
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(2) Inspection (otherwise than under paragraph (1) above): |
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(a) for each individual register ..................... |
£4 |
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(b) for each title plan ..................... |
£4 |
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(c) for any or all of the documents referred to in an individual register (other than the documents referred to in paragraph (7) below .....................) |
£4 |
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(d) for each individual caution register ..................... |
£4 |
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(e) for each caution plan ..................... |
£4 |
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(f) for any other document kept by the registrar which relates to an application to him - per document ..................... |
£4 |
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(3) Official copy in respect of a registered title: |
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(a) for each individual register |
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(i) where requested from a remote terminal ..................... |
£2 |
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(ii) where requested by any other permitted means ..................... |
£4 |
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(b) for each title plan |
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(i) where requested from a remote terminal ..................... |
£2 |
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(ii) where requested by any other permitted means ..................... |
£4 |
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(4) Official copy in respect of a cautions register |
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(a) for each individual caution register |
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(i) where requested from a remote terminal ..................... |
£2 |
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(ii) where requested by any other permitted means ..................... |
£4 |
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(b) for each caution plan |
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(i) where requested from a remote terminal ..................... |
£2 |
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(ii) where requested by any other permitted means ..................... |
£4 |
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(5) Official copy of any or all of the documents referred to in an individual register (other than documents referred to in paragraph (7) below) - for each registered title |
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(a) where requested from a remote terminal ..................... |
£2 |
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(b) Where requested by any other permitted means ..................... |
£4 |
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(6) Official copy of any other document kept by the registrar which relates to an application to him - for each document |
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(a) where requested from a remote terminal ..................... |
£2 |
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(b) where requested by any other permitted means ..................... |
£4 |
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(7) Where permitted (being unavailable as of right) inspection or official copy (or both) of a transitional period document - for each document ..................... |
£8 |
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(8) Copy of an historical edition of an individual register - for each title ..................... |
£8 |
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(9) 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 ..................... |
£4 |
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(1) An official search of an individual register or of a pending first registration application made to the registrar by means of a remote terminal communicating with the registrar's computer system - for each title ..................... |
£2 |
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(2) An official search of an individual register by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996[4] made to the registrar by means of a remote terminal communicating with the registrar's computer system - for each title ..................... |
£2 |
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(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 ..................... |
£4 |
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(4) The issue of a certificate of inspection of a title plan - for each registered title affected ..................... |
£4 |
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(5) Subject to article 9(4), an official search of the index map: |
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(a) where any part of the land to which the search relates is registered - for each registered title in respect of which a result is given ..................... |
£4 |
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(b) where no part of the land to which the search relates is registered - for each application ..................... |
£4 |
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(6) Search of the index of proprietors' names - for each name ..................... |
£10 |
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(7) Official search of the index of relating franchises and manors - for each administrative area: |
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(a) where requested from a remote terminal ..................... |
£2 |
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(b) where requested by any other permitted means ..................... |
£4 |
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(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 |
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(2) Application for return of a document under rule 204 ..................... |
£8 |
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(3) Application for day list information on any one occasion when a person gains access to the registrar's computer system by means of a remote terminal - for each title ..................... |
£1 |
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(4) Application that the registrar designate a document an exempt information document ..................... |
£20 |
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(5) Application for an official copy of an exempt information document under rule 137 ..................... |
£40 |
