PART 1General

Citation, commencement and interpretation

1.  (1)  This Order may be cited as the Land Registration Fee Order 2013 and shall come into force on 17th March 2014.

(2) In this Order-

"the Act" means the Land Registration Act 2002,

"CLRA" means the Commonhold and Leasehold Reform Act 2002(3),

"charge" includes a sub-charge,

"common parts" has the same meaning as in section 25 of the CLRA,

"a commonhold" has the same meaning as in section 1 of the CLRA,

"commonhold association" has the same meaning as in section 34 of the CLRA,

"commonhold community statement" has the same meaning as in section 31 of the CLRA,

"commonhold land" has the same meaning as in section 1 of the CLRA,

"commonhold unit" has the same meaning as in section 11 of the CLRA,

"developer" has the same meaning as in section 58 of the CLRA,

"electronic means" means electronically in accordance with a notice given under Schedule 2 to the rules but not by fax,

"large scale application" has the same meaning as in article 6(1)(b),

"monetary consideration" means a consideration in money or money's worth, other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage,

"permitted means" means permitted under the rules,

"profit" means a profit a prendre in gross,

"the rules" means the Land Registration Rules 2003(4) and a rule referred to by number means the rule so numbered in the rules,

"Scale 1" means Scale 1 in Schedule 1,

"Scale 2" means Scale 2 in Schedule 2,

"scale fee" means a fee payable in accordance with a scale set out in Schedule 1 or Schedule 2 whether or not reduced in accordance with article 2(5), article 3(5), article 4(3) or article 5(8),

"scale fee application" means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,

"share", in relation to land, means an interest in that land under a trust of land,

"surrender" includes a surrender not made by deed,

"termination application" has the same meaning as in section 46 of the CLRA,

"voluntary application" means an application for first registration (other than for the registration of title to a rentcharge, a franchise, a profit or mines and minerals held apart from the surface) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).

(3) Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.

PART 2Scale fees

Applications for first registration and applications for registration of a lease

2.  (1)  Subject to paragraphs (2) and (5) and article 6 (large scale applications), the fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7.

(2) Subject to paragraph (5) and article 6 (large scale applications), the fee for an application by the original lessee or the original lessee's personal representative for the registration of title to a lease, or for an application for the registration of the grant of a lease, is payable under Scale 1-

(a)where

(i)there is no premium, and

(ii)either there is no rent or the rent cannot be quantified in money at the time the application is made,

on the value of the lease assessed under article 7 subject to a minimum fee of £40,

(b)where

(i)there is a premium, and

(ii)either there is no rent or the rent cannot be quantified in money at the time the application is made,

on the premium, or

(c)in all other cases, on an amount equal to the sum of the premium (if any) and the rent.

(3) The fee for an application for the first registration of a rentcharge is £40.

(4) 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.

(5) The fee for a voluntary application which is not a large scale application is the fee which would otherwise be payable under paragraph (1) or (2) reduced by twenty five per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.

(6) For the purposes of paragraph (2) -

(a)a peppercorn rent or other rent having no money value is to be treated as if it were an annual rent of one penny, and

(b)where the rent reserved by the lease varies or can be varied, it is to be treated as being the largest amount of annual rent the lease may reserve in the first five years of its term, or in any year where the term is less than five years.

(7) In paragraph (2)

(a)"lease" means -

(i)a lease which grants an estate in land whether or not the grant is a registrable disposition, or

(ii)a lease of a franchise, profit or manor the grant of which is a registrable disposition,

(b)"premium" means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,

(c)"rent" means the amount or value of the annual rent, or the amount or value of the rent for the term if the lease is for a term of less than one year.

Transfers of registered estates for monetary consideration, etc.

3.  (1)  Subject to paragraphs (2) to (5) and article 6 (large scale applications), the fee for an application for the registration of -

(a)a transfer of a registered estate for monetary consideration,

(b)a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, or

(c)a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,

is payable under Scale 1 on the amount or value of the consideration.

(2) Paragraph (1) shall not apply if the application is for the registration of a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973(5) or the Civil Partnership Act 2004(6).

(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 payable under paragraph (1) is reduced by fifty per cent if -

(a)the transfer or the surrender is of the whole of a registered title, and

(b)the application for the registration of that transfer or surrender is delivered by electronic means.

Transfers of registered estates otherwise than for monetary consideration, etc.

4.  (1)  Subject to paragraphs (2) and (3) and article 6 (large scale applications), the fee for an application for the registration of -

(a)a transfer of a registered estate otherwise than for monetary consideration,

(b)a surrender of a registered leasehold estate otherwise than for monetary consideration,

(c)a transfer of a registered estate by operation of law on death or bankruptcy of an individual proprietor,

(d)an assent of a registered estate (including a vesting assent),

(e)an appropriation of a registered estate,

(f)a vesting order or declaration to which section 27(5) of the Act applies,

(g)a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004,

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) Subject to paragraph (3), where a transfer referred to in paragraph (1) 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) The fee payable under paragraphs (1) and (2) is reduced by fifty per cent if -

(a)the disposition is of the whole of a registered title, and

(b)the application for the registration of that disposition is delivered by electronic means.

Charges of registered estates or registered charges

5.  (1)  Subject to paragraphs (2), (3), (4) and (8) and article 6 (large scale applications), 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.

(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 (18) 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 -

(a)the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies, or

(b)the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.

(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:

(5) Subject to paragraph (8) and article 6 (large scale applications), the fee for an application for the registration of -

(a)a transfer of a registered charge for monetary consideration, or

(b)a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered charge,

is payable under Scale 2 on the amount or value of the consideration.

(6) Subject to paragraph (8) and article 6 (large scale applications), 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 -

(a)the amount secured by the registered charge at the time of the transfer, or

(b)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.

(7) Subject to paragraph (8) and article 6 (large scale applications), 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 -

(a)the proportionate part of the amount secured by the registered charge at the time of the transfer, or

(b)where the transfer relates to more than one charge, the proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.

(8) The fee payable under paragraphs (1), (5), (6) and (7) is reduced by fifty per cent where an application for the registration of a charge of the whole of a registered title or a transfer of charge is delivered by electronic means.

Large scale applications

6.  (1)  In this article -

(a)"land unit" means -

(i)the land registered under a single title number other than, in the case of an application to register a charge, any estate under any title number which is included in a primary application within the meaning of article 5(2), or

(ii)on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application,

(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 paragraphs (3) and (4), the fee for a large scale application is the greater of -

(a)the scale fee applicable to the application, and

(b)a fee calculated on the following basis -

(i)where the application relates to not more than 500 land units, £10 for each land unit, or

(ii)where the application relates to more than 500 land units, £5,000 plus £5 for each land unit in excess of 500.

(3) If a large scale application is a voluntary application, the fee payable under paragraph (2) is reduced by twenty five per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.

(4) The maximum fee payable for a large scale application for first registration is £40,000 unless the application is a voluntary application in which case the maximum fee is £30,000.

PART 3Valuation

Valuation (first registration and registered estates)

7.  (1)  The value of the estate in land, franchise, profit, manor or share is the maximum amount for which it could be sold in the open market free from any charge -

(a)in the case of a surrender, at the date immediately before the surrender, and

(b)in any other case, at the date of the application.

(2) As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or the applicant's 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 -

(a)the purchase of a leasehold estate by the reversioner,

(b)the purchase of a reversion by the leaseholder, or

(c)any other like occasion,

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 -

(a)where the charge secures a fixed amount, that amount,

(b)where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, that amount,

(c)where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, the value of the property charged,

(d)where the charge is by way of additional or substituted security or by way of guarantee, an amount equal to the lesser of -

(i)the amount secured or guaranteed, and

(ii)the value of the property charged, or

(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 -

(i)the maximum amount or value of the obligation, or

(ii)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.

(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 -

(3) Where one deed contains two or more charges made by the same chargor to secure the same debt, the deed is to be treated as a single charge, and the fee for registration of the charge is to be paid on the lesser of -

(a)the amount of the whole debt, and

(b)an amount equal to the value of 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 -

(a)the amount of the whole debt, and

(b)an amount equal to the value of the property charged by that chargor.

(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.

PART 4Fixed Fees and Exemptions

Fixed fees

9.  (1)  Subject to paragraph (2) and to article 10, the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.

(2) Where an application is one specified in paragraphs (1), (2) or (10) in Part 1 of Schedule 3 affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land registered in the name of the developer under more than one title number, the fee is to be assessed as if the application affects only one title.

Exemptions

10.  No fee is payable for any of the applications and services specified in Schedule 4.

PART 5General and Administrative Provisions

Cost of surveys, advertisements and special enquiries

11.  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

12.  The fee payable for an application in respect of which no other fee is payable under this Order is-

(a)£20 where the application is delivered by electronic means, and

(b)£40 where the application is delivered by any other permitted means.

Method of payment

13.  (1)  Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to Land Registry.

(2) 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.

(3) Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.

(4) 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.

(5) 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.

Revocation

14.  The Land Registration Fee Order 2012(7) is revoked.

Articles 2 & 3

SCHEDULE 1SCALE 1

NOTE 1: Where the amount or value is a figure which includes pence, it must be rounded down to the nearest £1.

NOTE 2: The third column, which sets out the reduced fee payable where article 2(5) (voluntary registration: reduced fees) applies, is not part of the scale.

Articles 4 & 5

SCHEDULE 2SCALE 2

NOTE: Where the amount or value is a figure which includes pence, it must be rounded down to the nearest £1.

Articles 9 & 13

SCHEDULE 3

PART 1FIXED FEE APPLICATIONS

PART 2SERVICES – INSPECTION AND COPYING

PART 3SERVICES - SEARCHES

PART 4SERVICES – OTHER INFORMATION

Article 10

SCHEDULE 4EXEMPTIONS

No fee is payable for:

(1) reflecting a change in the name, address or description of a registered proprietor or other person referred to in the register, or in the cautions register, or changing the description of a property,

(2) giving effect in the register to a change of proprietor where the registered estate or the registered charge, as the case may be, has become vested without further assurance (other than on the death or bankruptcy of a proprietor) in some person by the operation of any statute (other than the Act), statutory instrument or scheme taking effect under any statute or statutory instrument,

(3) registering the surrender of a registered leasehold estate where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor of substantially the same premises as were comprised in the surrendered lease and where a scale fee is paid for the registration of the new lease,

(4) registering a discharge of a registered charge,

(5) registering a home rights notice, or renewal of such a notice, or renewal of a home rights caution under the Family Law Act 1996,

(6) entering in the register the death of a joint proprietor,

(7) cancelling the registration of a notice (other than a notice in respect 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) the removal of the designation of a document as an exempt information document,

(9) approving an estate layout plan or any draft document with or without a plan,

(10) an order by the registrar (other than an order under section 41(2) of the Act),

(11) deregistering a manor,

(12) an entry in the register of a note of the dissolution of a corporation,

(13) registering a restriction in Form A in Schedule 4 to the rules,

(14) an application for day list information on any one occasion delivered by electronic means.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order replaces the Land Registration Fee Order 2012. It makes changes to land registration fees.

The main changes made by the Order are:

(1) There is a fifty per cent reduction in the fee for the following applications if delivered by electronic means -

(a)registration of a transfer of the whole of a registered title (articles 3(5) and 4(3)),

(b)registration of a charge of the whole of a registered title (article 5(8)),

(c)registration of a transfer of charge (article 5(8)),

(d)applications where no other fee is prescribed (article 12),

(e)fixed fee applications listed in paragraphs (1), (2), (5), (6), (7), (8), (10), (12) and (14) of Part 1 of Schedule 3 and paragraph (2) of part 4 of Schedule 3.

(2) There are the following changes to the Scale 1 fee bands (Schedule 1) -

(a)the lowest band is now £0 to £80,000, with a fee of £40,

(b)the fee for the band £80,001 to £100,000 has decreased from £120 to £80.

(3) Paragraph (1) of Part 1 of Schedule 3 includes reference to applications to register an alteration of priority of registered charges.

(4) The fee for an application to cancel a notice in the register in respect of an unregistered lease which has determined is now a fixed fee (paragraph (7) of Part 1 of Schedule 3) rather than a fee assessed under Scale 1.

(5) The fees for inspection and requests for official copies of documents referred to in the register or kept by the registrar in relation to an application have changed. The fee is per document and is £3 if made by electronic means and £7 if made by any other permitted means (paragraphs (1)(c), (2)(c) and (5) of Part 2 of Schedule 3).

(6) The fees for applications for a copy of an historical edition of an individual register or a copy of an historical edition of a registered title have been reduced (paragraph (6) of Part 2 of Schedule 3).

(7) The provisions in the Land Registration Fee Order 2012 relating to credit accounts have not been carried forward as the credit account facility is no longer available.

(8) The fee exemption in the Land Registration Fee Order 2012 for an application to lodge a caution against first registration, or to make a register entry, where the application relates to rights in respect of the repair of a church chancel and is lodged on or before 12 October 2013 has not been carried forward, as the exemption no longer applies.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Personal Assistant to the Head of Corporate Legal Services, Land Registry Head Office, Trafalgar House, 1 Bedford Park, Croydon CR0 2AQ and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.