The Land Registration Rules 2003

[^key-8e001cf743658516e299b9fd668e20ad]: Sch. 4 Form MM: in the heading, the words "section 71(1) or (5)" substituted for "under the terms of a deferred payment agreement within the meaning of section 68(2)" (W.) (6.4.2020) by The Care and Support (Charging) (Wales) and Land Registration Rules (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/131), regs. 1(2), 3(b)(ii)

[^key-ce1f6fa6107a3e3079dcd71cf90c65a2]: Sch. 4 Form MM: in the words before paragraph (1), "section 71" substituted for "under the terms of a deferred payment agreement within the meaning of section 68(2)" (W.) (6.4.2020) by The Care and Support (Charging) (Wales) and Land Registration Rules (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/131), regs. 1(2), 3(b)(iii)

[^key-b629a8d934264cbde59afea53d38fe7c]: Words in rule 93(x) substituted (W.) (6.4.2020) by The Care and Support (Charging) (Wales) and Land Registration Rules (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/131), regs. 1(2), 3(a)

[^key-d7dad8e47f1b572b29315a69381bad8c]: Rule 216A inserted (16.4.2020) by The Land Registration (Amendment) Rules 2020 (S.I. 2020/425), rules 1, 5

[^key-2a43fcb5193ea0f6cf398cf133f81a18]: Rule 216(1)(b)(iii) substituted (16.4.2020) by The Land Registration (Amendment) Rules 2020 (S.I. 2020/425), rules 1, 4(1)

[^key-084e66c59fed7969d72ce29fe68bf5cd]: Rule 216(5)-(8) omitted (16.4.2020) by virtue of The Land Registration (Amendment) Rules 2020 (S.I. 2020/425), rules 1, 4(2)

[^key-bb0ac59042b75fe56467b4ba5b5ea40a]: Words in rule 217(1) added (16.4.2020) by The Land Registration (Amendment) Rules 2020 (S.I. 2020/425), rules 1, 6

[^key-afc30bb2c6d02ce5ea48d9279f546158]: Rule 171 omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 109 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a3398f63d950629fe4ab42866407dbf6]: Words in Sch. 8 para. 1(1) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 21(2)(a) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-23ee1c9e17c9364b573e1b26c4689763]: Sch. 8 para. 6(1A) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 21(2)(b) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c62018c3b04d5da9bab48f991ef007cf]: Sch. 8 para. 13 omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 21(2)(c) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cb2537fde8db436491545f8e41b0f134]: Rule 184(1) modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 para. 6 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)

[^key-b76534007f06fede456c686d234a373f]: Words in Sch. 5 substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 38 (with art. 17)

[^M_X_d99c4b01-8de6-48f1-d2bf-c1ac05a42919]: Editorial note: The images of Forms A-F in Sch. 9 are replaced in the version of this provision dated 6.4.2018. The new images incorporate the textual changes made to the Forms up to and including that date by: S.I. 2008/1919, Sch. 6 paras. 1, 2; S.I. 2009/1996, rules 6-8; and S.I. 2018/70, Sch. 2 para. 6. The new images reflect HM Land Registry's version of Forms A-F found on GOV.UK as that webpage was updated on 1.8.2022.

[^key-8e0f565e7626a27d840527ee9a957553]: Rule 184(1) modified (4.1.2024) by S.I. 2021/716, Sch. 3 para. 6 (as substituted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(8))

[^M_F_b6daaa40-d869-44bf-ddb3-26627b779d42]: Sch. 4 Form E: words "sections 117 to 121 of the Charities Act 2011 apply, or section 124 of that Act applies," substituted for words "section 36 or section 38 of the Charities Act 1993 applies" (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 9(a) (with Sch. 3 paras. 2-4)

[^M_F_29377526-e14c-44be-8bdb-119d331888ff]: Sch. 4 Form E: word "statement" substituted for word "certificate" (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 9(b) (with Sch. 3 paras. 2-4)

[^M_F_65e6ca0e-d07a-4b66-b827-77138a07fa57]: Sch. 4 Form E: words "section 122(2A) or section 125(1A)" substituted for words "section 37(2) or section 39(2)" (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 9(c) (with Sch. 3 paras. 2-4)

[^key-ed1c95a06a6630234518f5c963ef1799]: Words in rule 176(2)(a) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 5 (with reg. 10, Sch. 3 paras. 2-4)

[^key-be94d0ae8656cc4441890a35ffc89a45]: Words in rule 180(1)(b) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(c) (with reg. 10, Sch. 3 paras. 2-4)

[^key-0e477efa12e09a4951bdd04de1560929]: Words in rule 180(1)(c) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(d) (with reg. 10, Sch. 3 paras. 2-4)

[^key-cdf0bdd4f8437c5b6b64bfc0badcf158]: Rule 180(1)(d) inserted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(e) (with reg. 10, Sch. 3 paras. 2-4)

[^key-3aa7dc1e0323a3e6d1ef179268e3369a]: Words in rule 180(1) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(a) (with reg. 10, Sch. 3 paras. 2-4)

[^key-6191c0d4171607d7c1bac3e3f516dc7e]: Words in rule 180(1) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 6(b) (with reg. 10, Sch. 3 paras. 2-4)

[^key-90890400161b31bceb7947917ec2d351]: Rule 180(3) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 8 (with reg. 10, Sch. 3 paras. 2-4)

[^key-dd2a2250594ce170f6265b9c3af74e44]: Words in rule 180(2) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(a) (with reg. 10, Sch. 3 paras. 2-4)

[^key-cc73f7c768a06381332ff623d047fe65]: Rule 180(2)(d) inserted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(d) (with reg. 10, Sch. 3 paras. 2-4)

[^key-0e6f1a1ea8fa8875887080f45e9ea77b]: Words in rule 180(2)(b) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(b) (with reg. 10, Sch. 3 paras. 2-4)

[^key-670435fb80e71f73ac4e1b2332c1d30b]: Words in rule 180(2)(c) substituted (7.3.2024) by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (S.I. 2024/265), Sch. 3 para. 7(c) (with reg. 10, Sch. 3 paras. 2-4)

Completion of standard forms of restriction

91A

• (1) Subject to paragraphs (2) and (3), if a standard form of restriction is to affect part only of the registered estate, then, where it refers to a disposition, or to a disposition of a specified type, to which it applies, that reference may be followed by the words “of the part of the registered estate” together with a sufficient description, by reference to a plan or otherwise, to identify clearly the part so affected.

• (2) The words incorporated under paragraph (1) shall be in place of the words “of the registered estate” where those latter words appear in a standard form of restriction and are referring to a disposition, or to a disposition of a specified type, to which the restriction applies.

• (3) The registrar may alter the words of any restriction affecting part of the registered estate ... that he intends to enter in the register so that such part is described by reference to the relevant title plan or in another appropriate way.

• (4) A restriction in Form L, N, S, T, II, NN or OO may commence with—

• (a) the words “Until the death of [name]”,

• (b) the words “Until the death of the survivor of [names of two or more persons]”, or

• (c) the word “Until” followed by a calendar date.

• (5) A restriction in Form M, O, P or PP may commence with the word “Until” followed by a calendar date.

• (6) Where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words “in favour of” followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.

• (7) Where in a standard form of restriction the word “they” or “their” refers to a person named in the restriction, it may be replaced as appropriate by the word “he”, “she”, “it”, “his”, “her” or “its”.

• (8) Where a standard form of restriction permits a type of disposition to be specified in place of the word “disposition”, the types of disposition that may be specified are “transfer”, “lease”, “charge” or “sub-charge”, or any appropriate combination of those types.

Application for a restriction and the prescribed period under section 45(2) of the Act

Persons regarded as having a sufficient interest to apply for a restriction

When an application for a restriction must be made

Form of obligatory restrictions

Application for an order that a restriction be disapplied or modified

Application to cancel a restriction

Application to withdraw a restriction from the register

Cancellation of a restriction relating to a trust

Entry following a direction of the court regarding overriding priority in connection with a restriction

Form D (Parsonage, diocesan glebe, church or churchyard land)

Form II (Beneficial interest that is a right or claim in relation to a registered estate)

Form JJ (Statutory charge of beneficial interest in favour of Legal Services Commission)

Form KK (Lease by registered social landlord)

Form LL (Restriction as to evidence of execution)

Application for a ... home rights notice or its renewal

...

...

...

Form and content of prescribed clauses leases

58A

• (1) Subject to paragraph (3), a prescribed clauses lease must begin with the required wording or that wording must appear immediately after any front sheet.

• (2) Subject to paragraph (3), where a person applies for completion of a lease by registration and claims that the lease is not a prescribed clauses lease because the lease falls within (c) or (d) of the definition of prescribed clauses lease in paragraph (4), he must lodge with his application a certificate by a conveyancer to that effect or other evidence to satisfy the registrar as to his claim.

• (3) If it appears to the registrar that a lease is not a prescribed clauses lease, then paragraph (1) and, so far as appropriate, paragraph (2) and rule 72A(3) shall not apply to that lease.

• (4) In this rule—

• “front sheet” means a front cover sheet, or a contents sheet if it is at the lease’s beginning, or a front cover sheet and contents sheet where the contents sheet is immediately after the front cover sheet, and a “contents sheet” means a contents sheet or index sheet (in each case, however described) or both,

• “prescribed clauses lease” means a lease which—is within section 27(2)(b) of the Act,is granted on or after 19 June 2006,is not granted in a form expressly required—by an agreement entered into before 19 June 2006,by an order of the court,by or under an enactment, orby a necessary consent or licence for the grant of the lease given before 19 June 2006, andis not a lease by virtue of a variation of a lease which is a deemed surrender and re-grant, and

• “required wording” means the wording in clauses LR1 to LR14 of Schedule 1A completed in accordance with the instructions in that Schedule and as appropriate for the particular lease.

• (5) If a prescribed clauses lease is an electronic document to which section 91 of the Act applies, the required wording will be such of the wording in clauses LR1 to LR14 of Schedule 1A, and in such order, as is required by the notice given under rule 54C.

• (6) Where the required wording is provided under paragraph (5) it must be to like effect to that which would have been provided had the wording been given in paper form.

Transfers by way of exchange

Transfer of leasehold land, the rent being apportioned or land exonerated

Register entries arising in respect of leases within section 27(2)(b) of the Act granted on or after 19 June 2006

72A

• (1) This rule applies to leases within section 27(2)(b) of the Act granted on or after 19 June 2006.

• (2) Subject to paragraphs (3), (4) and (6), on completion of the lease by registration the registrar must (where appropriate) make entries in the relevant individual register in respect of interests contained in that lease which are of the nature referred to in clauses LR9, LR10, LR11 or LR12.

• (3) Subject to rule 58A(3), where the lease is a prescribed clauses lease and contains a prohibition or restriction on disposal of the nature referred to in clause LR8 or contains interests of the nature referred to in clauses LR9, LR10, LR11 or LR12, but the prohibition or restriction or interests are not specified or referred to in those clauses or the lease does not contain the required wording in relation to them, then the registrar need take no action in respect of them unless separate application is made.

• (4) The registrar need make no entries in individual registers in respect of interests of the nature referred to in clauses LR9, LR10 or LR11 or a restriction set out in clause LR13 where—

• (a) in the case of a prescribed clauses lease, the title numbers of the individual registers have not been given in clause LR2.2, or

• (b) in any other case, the title numbers of the individual registers required by clause LR2.2 have not been given in panel 2 of the Form AP1 lodged for the purpose of completing the lease by registration,

unless separate application is made in respect of the interests or restriction.

• (5) Where a separate application required by paragraphs (3) or (4) is made in Form AP1 and is in respect of either a prohibition or restriction on disposal of the lease or the grant or reservation of an easement, the Form AP1 must specify the particular clause, schedule or paragraph of a schedule where the prohibition or restriction or easement is contained in the lease.

• (6) The requirement under paragraph (2) to make an entry in respect of an interest of the nature referred to in clause LR12 is satisfied by entry (where appropriate) of notice of the interest created.

• (7) In this rule—

• (a) a reference to a clause with the prefix “LR” followed by a number is to the clause so prefixed and numbered in Schedule 1A, and

• (b) “prescribed clauses lease” and “required wording” have the same meanings as in rule 58A(4).

Application for register entries for express appurtenant rights over unregistered land

Application for register entries for implied or prescriptive appurtenant rights

Qualified register entries for appurtenant rights

Note as to rights of light or air

No entry on reversionary title of a right of entry in lease

Note of variation of lease etc on register

Determination of registered estates

SCHEDULE 1A

First registration application based on adverse possession or where title documents are otherwise unavailable

Additional provision as to implied covenants

Entries in the tenant’s registered title in respect of notices in the landlord’s registered title

72B

On completion of a lease within section 27(2)(b) or (c) of the Act by registration, the registrar must enter a notice or make another entry, as appropriate, in the individual register of the registered lease in respect of any interest which—

• (a) at the time of registration, is the subject of a notice in the individual register of the registered estate out of which the lease is granted, and

• (b) the registrar considers may affect the registered lease.

Register entries arising from other registrable dispositions

72C

• (1) This rule applies to dispositions of registered estates within section 27(2) of the Act, to which rules 72 and 72A do not apply.

• (2) Subject to paragraph (3), on registration of a disposition within paragraph (1), the registrar must (where appropriate) make entries in the relevant individual registers in respect of any rights, restrictive covenants, provisions and other matters created by the disposition which are capable of being entered in an individual register.

• (3) The registrar need make no entries in individual registers under paragraph (2) where the title numbers of those registers have not been given in panel 2 of the Form AP1 lodged for the purpose of registering the disposition, unless separate application is made in respect of the rights, restrictive covenants, provisions or other matters.

• (4) Unless the Form AP1 contains a specific application, the registrar need not complete under paragraph 6 of Schedule 2 to the Act the registration of an interest of a kind falling within section 1(2)(b) of the Law of Property Act 1925 contained in a disposition within paragraph (1).

Application for register entries for legal easements and profits a prendre

No entry in the register of a right of entry in certain leases

Acquisition of the right to manage by a RTM company

79A

• (1) This rule applies where a RTM company applies for an entry to be made in an individual register of a registered estate to the effect that the RTM company has acquired the right to manage.

• (2) An application for such an entry must be accompanied by evidence to satisfy the registrar that—

• (a) the applicant is a RTM company,

• (b) the right to manage is in relation to premises comprised in the registered estate,

• (c) the registered proprietor of the registered estate is the landlord under a lease of the whole or part of the premises, and

• (d) the right to manage the premises has been acquired, and remains exercisable, by the RTM company.

• (3) If the registrar is so satisfied, he must make an appropriate entry in the proprietorship register of the registered estate.

• (4) In this rule, “right to manage” and “RTM company” have the same meanings as in sections 71 and 73 of the Commonhold and Leasehold Reform Act 2002.

Cancellation of a home rights notice

87A

An application for the cancellation of a home rights notice must be made in Form HR4.

Registration of a new or additional beneficiary of a unilateral notice

Notice of unregistered interests

Application for entry of a notice under paragraph 5(2) or, in certain cases, paragraph 7(2)(a) of Part 1 of Schedule 2 to the Act

Where a certificate or consent under a restriction is given by a corporation

91B

• (1) Subject to paragraphs (2), (3) and (4), where a certificate or written consent required by the terms of a restriction is given by a corporation aggregate, it must be signed on its behalf by—

• (a) its clerk, secretary or other permanent officer,

• (b) a member of its board of directors, council or other governing body,

• (c) its conveyancer, or

• (d) its duly authorised employee or agent.

• (2) This rule does not apply where the certificate or written consent is given in a deed executed by the company or in a document to which section 91 of the Act applies.

• (3) Paragraph (1) does not apply if a contrary intention appears in the restriction, except where paragraph (4) applies.

• (4) Where a restriction requires a certificate or consent to be signed on behalf of a corporation aggregate by its secretary (whether or not it also permits signature by its conveyancer), and the corporation has no secretary, the certificate or consent must be signed on its behalf by a person specified in paragraph (1).

• (5) A document signed on behalf of a corporation in accordance with this rule must state the full name of the signatory and the capacity in which the signatory signs.

Application for a restriction and the prescribed period under section 45(2) of the Act

Persons regarded as having a sufficient interest to apply for a restriction

When an application for a restriction must be made

Form of obligatory restrictions

Application for an order that a restriction be disapplied or modified

Application to cancel a restriction

Applications to withdraw a restriction from the register

Cancellation of a restriction relating to a trust

Entry following a direction of the court regarding overriding priority in connection with a restriction

Information relating to deeds of postponement in respect of registered charges and noted charges

116A

The registrar may, upon application, make an entry in an individual register referring to an agreement which it is claimed relates to priorities between a registered charge and a charge which is the subject of a notice in the same individual register.

Registration of certain corporations

Registration of registered social landlords , private registered providers of social housing and unregistered housing associations

183A

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) If an applicant for registration as proprietor of a registered estate or a registered charge is, or holds on trust for, an unregistered housing association within the meaning of the Housing Associations Act 1985 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must include a certificate to that effect.

Administration orders and liquidation of a company

Note of dissolution of a corporation

Notification of application where registered proprietor is a dissolved company

188A

• (1) This rule applies where an application under paragraph 1 of Schedule 6 to the Act is made.

• (2) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated in the county palatine of Lancaster, the registrar must give notice of the application to the Solicitor for the affairs of the Duchy of Lancaster.

• (3) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated in the county of Cornwall or in the Isles of Scilly, the registrar must give notice of the application to the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall.

• (4) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated outside the areas referred to in paragraphs (2) and (3), the registrar must give notice of the application to the Treasury Solicitor.

• (5) The notice referred to in paragraphs (2) to (4) is notice under paragraph 2 of Schedule 6 to the Act.

• (6) In this rule, “company” means a company incorporated in any part of the United Kingdom under the Companies Acts.

Time limit for reply to a notice of an application

Notice under paragraph 3(2) of Schedule 6 to the Act

Adverse possession of rentcharges

Adverse possession of a rentcharge; non-payment of rent

Prohibition of recovery of rent after adverse possession of a rentcharge

Registration as a person entitled to be notified of an application for adverse possession

Arbitration requested by proprietor

194A

• (1) This rule applies where a proprietor with the right under paragraph 10(1) of Schedule 6 to the Act to require apportionment has given the chargor notice in accordance with paragraph (2).

• (2) The notice referred to in paragraph (1) must—

• (a) identify the proprietor and give an address for communications to the proprietor from the chargor,

• (b) make proposals as to the values of the registered estate and the other property subject to the charge,

• (c) state the proprietor’s intention, in the absence of agreement on the respective values of the registered estate and the other property subject to the charge, to request the President of the Royal Institution of Chartered Surveyors to appoint a qualified surveyor to determine these values, and

• (d) be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargor.

• (3) If the chargor does not provide the proprietor with the chargor’s written agreement to the values referred to in paragraph (2)(b), or to any other valuations acceptable to the proprietor, within one month of when the notice was received, the proprietor may make the request referred to in paragraph (2)(c).

• (4) Where a qualified surveyor has been appointed pursuant to a request under paragraph (3)—

• (a) the proprietor shall be liable for the costs of that appointment,

• (b) the qualified surveyor shall act as an arbitrator and the provisions of the Arbitration Act 1996 shall apply,

• (c) the proprietor and the chargor shall be parties to the arbitration,

• (d) the chargee may elect to be joined as a party to the arbitration, and the qualified surveyor must ascertain whether the chargee so elects, and

• (e) the proprietor and the chargor must allow the qualified surveyor access to the land any estate in which is subject to the charge.

• (5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.

Notice of required apportionment

194B

• (1) The right of the proprietor of a registered estate under paragraph 10(1) of Schedule 6 to the Act to require a chargee to apportion the amount secured by a charge is exercisable by notice being given by the proprietor to the chargee.

• (2) The notice referred to in paragraph (1) must—

• (a) identify the proprietor and give an address for communications to him from the chargee,

• (b) state that apportionment is required under paragraph 10 of Schedule 6 to the Act,

• (c) identify the chargor and the date of the charge,

• (d) state whether the valuations accompanying the notice were by a qualified surveyor appointed pursuant to a request under rule 194A and, if they were, state the effect of rule 194C(1), and

• (e) be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargee.

• (3) Subject to paragraph (4), the notice referred to in paragraph (1) must be accompanied by—

• (a) valuations of the registered estate and of the other property subject to the charge by a qualified surveyor dated no earlier than two months before the notice is sent,

• (b) the chargor’s written agreement to the valuations,

• (c) an official copy of the individual register and title plan of the registered estate, and

• (d) a copy of the individual register and title plan, supplied in response to an application under rule 144, in respect of the registered title which immediately before the registration under Schedule 6 to the Act comprised the registered estate, unless such a copy is unavailable.

• (4) If the valuations of the registered estate and of the other property subject to the charge are by a qualified surveyor appointed pursuant to a request under rule 194A, the requirements in paragraph (3)(b), (c) and (d) do not apply.

• (5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.

Apportionment

194C

• (1) If the valuations accompanying the notice referred to in rule 194B(1) are by a qualified surveyor appointed pursuant to a request under rule 194A, the chargee must, within two months of when the notice was received, apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of these valuations.

• (2) If the valuations accompanying the notice referred to in rule 194B(1) are not by a qualified surveyor pursuant to a request under rule 194A, the chargee must, within two months of when the notice was received, either—

• (a) apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of the valuations accompanying the notice, or on the basis of other valuations agreed by the proprietor and the chargor, or

• (b) request the President of the Royal Institution of Chartered Surveyors to appoint a qualified surveyor to value the registered estate and the other property subject to the charge.

• (3) Where a qualified surveyor has been appointed pursuant to a request under paragraph (2)(b)—

• (a) the chargee shall be liable for the costs of that appointment,

• (b) the qualified surveyor shall act as an arbitrator and the provisions of the Arbitration Act 1996 shall apply,

• (c) the proprietor and the chargee shall be parties to the arbitration,

• (d) the chargor may elect to be joined as a party to the arbitration, and the qualified surveyor must ascertain whether the chargor so elects, and

• (e) the proprietor and the chargor must allow the qualified surveyor access to the land any estate in which is subject to the charge.

• (4) Where a qualified surveyor has been appointed pursuant to a request under paragraph (2)(b), the chargee must, within two months of when the valuations by the qualified surveyor were received, apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of those valuations.

Basis of valuation

194D

• (1) For the purposes of rules 194A, 194B and 194C, where the other property affected by the charge includes an estate in land, the value of the proprietor’s registered estate shall be the diminution in value of that other property as determined in accordance with paragraph (2).

• (2) The diminution in value of the other property is the difference between—

• (a) the value of all the property subject to the charge if the chargor were the proprietor and in possession of the proprietor’s registered estate, and

• (b) the value of the property subject to the charge without the proprietor’s registered estate.

Receipt of notice etc

194E

• (1) Notices and valuations shall be treated as received for the purposes of rules 194A(3) and 194C(1), (2) and (4) on—

• (a) the second working day after posting, where the notice is posted to an address in the United Kingdom,

• (b) the working day after it was left, where the notice is left at a postal address,

• (c) the seventh working day after posting, where the notice is posted to an address outside the United Kingdom, and

• (d) the second working day after transmission, where the notice is sent by electronic transmission (including email).

Notice of apportionment

194F

• (1) Within ten working days of any apportionment under rule 194C, the chargee must issue notice of the apportionment to the proprietor and to the chargor.

• (2) The notice referred to in paragraph (1) must state—

• (a) the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act,

• (b) the amount apportioned to the registered estate, and

• (c) the costs incurred by the chargee as a result of the apportionment and payable under paragraph 10(2)(b) of Schedule 6 to the Act.

• (3) The notice referred to in paragraph (1) which is issued to the proprietor must be served by post to, or by leaving the notice at, the postal address or by electronic transmission to any e-mail address given in the notice of required apportionment under rule 194B(1) or at another postal or e-mail address agreed in writing by the chargee and the proprietor.

Costs

194G

• (1) Where in the award under rule 194A(4) or rule 194C(3) the qualified surveyor decides that the chargee shall be responsible for payment of the costs incurred by the chargee or any other party to the arbitration, such costs shall be excluded from the costs payable under paragraph 10(2)(b) of Schedule 6 to the Act.

• (2) Subject to paragraph (3), the chargor shall be entitled to be paid by the proprietor those costs reasonably incurred by the chargor in the apportionment and, in particular, those in relation to valuations obtained for the purpose of the apportionment.

• (3) Where in the award the qualified surveyor decides that the chargor shall be responsible for payment of the costs incurred by the chargor or any other party to the arbitration, such costs shall be excluded from the costs payable under paragraph (2).

Modification of Parts 2 and 3 of the Act in their application to incorporeal hereditaments

Possessory titles to rentcharges

196A

In their application to rentcharges, sections 9(5) and 10(6) of the Act have effect as if for the words “in actual possession of the land, or in receipt of the rents and profits of the land,” there were substituted the words “in receipt of the rent”.

Application of sections 11, 12 and 29 of the Act to franchises

196B

• (1) In their application to franchises, sections 11(4) and 12(4) of the Act have effect without prejudice to any right of the Crown to forfeit the franchise.

• (2) In its application to franchises, section 29(2)(a) of the Act has effect with the deletion of the word “or” at the end of sub-paragraph (ii) and with the insertion between the words “registration,” and “and” at the end of sub-paragraph (iii) of—

or (iv) is a right of the Crown to forfeit the franchise,

Amendment of certain Schedule 1 forms to provide for explanatory information to be altered

207A

• (1) In order to assist applicants in completing a form or in making an application in relation to a form, the registrar may remove, add to, or alter any explanatory information outside the panels of a Schedule 1 form.

• (2) Any amendment under paragraph (1) must not alter the name and description of the form at the top of the first page or instructions as to what must be entered in the form.

• (3) Where a form has been amended under paragraph (1) a person may use the form for the purposes of these rules as amended or as unamended.

Welsh language forms

Use of non-prescribed forms

Documents in a Schedule 1 form

Electronically produced forms

Documents where no form is prescribed

Statements of truth

215A

• (1) In these rules, a statement of truth means a statement which—

• (a) is made by an individual in writing,

• (b) contains a declaration of truth in the following form—

‘I believe that the facts and matters contained in this statement are true’, and

• (c) is signed in accordance with paragraphs (2) to (6).

• (2) Subject to paragraph (5), a statement of truth must be signed by the individual making the statement.

• (3) The full name of the individual who signs a statement of truth must be printed clearly beneath his signature.

• (4) Where a statement of truth is to be signed by an individual who is unable to read, it must—

• (a) be signed in the presence of a conveyancer, and

• (b) contain a certificate made and signed by that conveyancer in the following form—

‘I [name and address of conveyancer] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his] or [her] mark in my presence having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.

• (5) Where a statement of truth is to be made by an individual who is unable to sign it, it must—

• (a) state that individual’s full name,

• (b) be signed by a conveyancer at the direction and on behalf of that individual, and

• (c) contain a certificate made and signed by that conveyancer in the following form—

‘I [name and address of conveyancer] certify that [the person making this statement of truth has read it in my presence, approved its content as accurate and directed me to sign it on [his] or [her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who directed me to sign it on [his] or [her] behalf] having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.

• (6) Where a statement of truth, or a certificate under paragraph (4) or (5), is signed by a conveyancer—

• (a) the conveyancer must sign in their own name and not that of their firm or employer, and

• (b) the conveyancer must state the capacity in which they sign and where appropriate the name of their firm or employer.

Form 1

Form 2

Form 3

Form 7

Form 8

Registration of charges by certain overseas companies

111A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Foreclosure—registration requirements

Variation of the terms of a registered charge

Discharges and releases of registered charges in electronic form

Transfer of a registered charge

Information relating to deeds of postponement in respect of registered charges and noted charges

Definition of “conveyancer”

217A

• (1) Subject to paragraph (2), in these rules “conveyancer” means—

• (a) an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,

• (b) an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

• (c) a person who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer.

• (2) For the purposes of a certificate given by a conveyancer under rule 62(2), 63(2), 183(2)(a), or Form LL in Schedule 4, “conveyancer” means—

• (a) an authorised person who is an individual and who is entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

• (b) an individual who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer,

• and in either case, the conveyancer must sign in their own name and not that of their firm or employer.

• (3) For the purposes of this rule—

• (a) “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,

• (b) “licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,

• (c) “manager” has the same meaning as in section 207 of the Legal Services Act 2007,

• (d) “regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,

• (e) “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,

• (f) “relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.

First registration – where land is or was listed as land of community value

27A

• (1) An owner of listed land who applies for first registration of that land, or where rule 21 applies a mortgagee who makes such an application in the name of the owner, must at the same time apply for entry of a restriction in Form QQ in respect of that land.

• (2) Where a person applies for first registration of land and any of the deeds and documents accompanying the application (in accordance with rule 24(1)(c)) includes a conveyance or lease to the applicant or to a predecessor in title made at any time when the land was listed land, the applicant must in respect of each such conveyance or lease provide a certificate by a conveyancer that the conveyance or lease did not contravene section 95(1) of the Localism Act 2011.

• (3) In this rule—

• (a) “listed land” means land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and

• (b) “owner” has the same meaning as in section 107 of the Localism Act 2011, except that it includes a person who would be such an owner but for the effect of section 7(1) and (2) of the Act.

Duty to disclose unregistered interests that override first registration

First registration–examination of title

Searches and enquiries by the registrar

First registration–foreshore

Mines and minerals–note as to inclusion or exclusion

First registration–entry of beneficial rights

First registration–registration of a proprietor of a legal mortgage not within rule 22 or rule 38

First registration–entry of burdens

First registration–note as to rights of light and air

First registration–notice of lease

Application of the Act to dealings prior to first registration

No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) of the Localism Act 2011.

• Status of applicant

• An accredited financial investigator falling within section 378(1)(b) of the Proceeds of Crime Act 2002

• An accredited financial investigator falling within section 378(4)(a) of the Proceeds of Crime Act 2002

• An Administrator appointed for the purposes of the Insolvency Act 1986

• An Administrator appointed under section 13 of the Criminal Justice (Scotland) Act 1987

• An authorised person within the meaning of section 108(15) of the Environment Act 1995

• A Chief Officer of Police or a police officer authorised to apply on behalf of a Chief Officer

• A person authorised to apply by the Commissioners for Her Majesty’s Revenue and Customs and having the consent of the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal, to make the application

• A constable

• The Director of Public Prosecutions or a member of the Crown Prosecution Service authorised to apply on behalf of the Directo

• The Director of the Serious Fraud Office or a member of the Serious Fraud Office authorised to apply on behalf of the Director

• The Director General of the National Crime Agency or a National Crime Agency officer authorised to apply on behalf of the Director General

• The Director-General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director-General

• A Head of Department in the Enforcement and Financial Crime Division of the Financial Conduct Authority or a member of staff of the Financial Conduct Authority authorised to apply on behalf of a Head of Department

• The Head of Regulatory Action in the Prudential Regulation Authority or a member of staff of the Prudential Regulation Authority authorised to apply on behalf of the Head of Regulatory Action

• A Liquidator appointed for the purposes of the Insolvency Act 1986

• The Lord Advocate or a person conducting a prosecution in Scotland on behalf of the Lord Advocate

• An officer of Revenue and Customs

• The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland

• An Official Receiver for the purposes of the Insolvency Act 1986

• A Receiver appointed under the Criminal Justice Act 1988, the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002

• The Scottish Ministers or a person named by them

• A person authorised by the Secretary of State for Business and Trade

• A person authorised by the Secretary of State for Work and Pensions

• A person authorised to apply on behalf of the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority)

• A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland

• A person authorised to apply on behalf of a Fire Authority in England and Wales

• A person authorised to apply on behalf of the Charity Commission

Certificate B

Certificate C

Certificate D

Certificate E

Certificate G

Proceedings under the EU Regulation on insolvency proceedings.

Application for a network access agreement

A13

This Part does not apply to applications for a network access agreement under paragraph 1(4) of Schedule 5 to the Act.

Form AP1

Electronic delivery of applications

Time at which applications are taken to be made

Applications not in order

Additional evidence and enquiries

Continuation of application on a transfer by operation of law

Objections

Completion of applications

Electronic dispositions

54A

A disposition of a registered estate or charge which is a registrable disposition is a disposition falling within section 91(2) of the Act (electronic dispositions).

54B

The following are conditions to be met for the purpose of section 91(3)(d) of the Act—

• (a) the document purports to effect a kind of disposition which is specified in a notice given under rule 54C,

• (b) the document, each electronic signature which the document has and the certification of each electronic signature are in accordance with any requirements in such a notice, and,

• (c) such other conditions contained in the notice given under rule 54C as are appropriate to a document of that type.

54C

• (1) If the registrar is satisfied that adequate arrangements have been made or will be in place for dealing with documents in electronic form that purport to effect a disposition of a kind falling within rule 54A, he may, in such manner as he thinks appropriate, give notice publicising the fact.

• (2) Subject to paragraphs (3), (4) and (5), a notice given under paragraph (1) will be current from the time specified in the notice until the time, if any, specified in the notice or, if no expiry date is specified in the notice, indefinitely.

• (3) Subject to paragraph (6), a notice given under paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.

• (4) Subject to paragraph (6), if and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements referred to in paragraph (1), such arrangements cease, in whole or part, to be effective, the notice shall cease, to the necessary extent, to be treated as current.

• (5) Paragraph (4) will apply despite the absence of a variation, suspension or withdrawal of the notice under paragraph (3).

• (6) On the occurrence of any of the events mentioned in paragraphs (3) and (4), if a document in electronic form has been prepared and has taken effect, but the disposition effected by it has not been registered, the registrar must make such arrangements as are appropriate for that disposition to be registered.

54D

The notice referred to in rule 54C—

• (a) must specify the kind of dispositions to which it relates, and may specify only one kind of disposition or more than one kind of disposition referred to in rule 54A,

• (b) may make exceptions and limitations to a specified kind of disposition,

• (c) may apply different conditions for each specified kind of disposition.

Priority of applications

Dispositions affecting two or more registered titles

Duty to disclose unregistered interests that override registered dispositions

Application in connection with investigation or enforcement proceedings

Application for ... historical information about a registered title kept by the registrar in electronic form

Retention of documents accompanying an application

...

Form QQ (Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011)

Form RR (Deputy appointed under section 16 of the Mental Capacity Act 2005 – solely owned property)

Form SS (Trustee appointed in place of a person who lacks capacity – jointly owned property)

Housing administration orders

184A

• (1) Paragraph (2) applies where a housing administration order is made under the Housing and Planning Act 2016 in relation to a registered provider which is the registered proprietor of a registered estate or a registered charge.

• (2) Upon the application of the registered provider’s housing administrator, supported by the order, the registrar must make an entry in the individual register of the relevant registered title as to the making of the order and the appointment of the housing administrator.

• (3) In this rule “housing administration order”, “housing administrator” and “registered provider” have the meanings set out in Chapter 5 of Part 4 of the Housing and Planning Act 2016.

Note of dissolution of a corporation

Interrupted day

216A

• (1) The registrar may certify any day as an interrupted business day or an interrupted working day or both if he is satisfied that on that day there is likely to be—

• (a) a general delay in, or failure of, a communication service in England and Wales, or

• (b) any other event or circumstance,

causing a substantial interruption in the normal operation of the land registry.

• (2) The registrar must give notice publicising the certification in such manner as he considers appropriate.

• (3) The certification must take place before the start of the day being certified.

• (4) Certification of a day as an interrupted working day shall have the effect of extending–

• (a) the date and time given in the result of an official search with priority as the date and time at which priority expires,

• (b) the date and time fixed by a notice given by the registrar or any longer period that the registrar may allow in accordance with these rules, and

• (c) the period specified by the registrar for compliance with a requisition,

to include an additional number of working days equal to the number of interrupted working days falling within the priority period of the official search, the time fixed by the notice or any longer period allowed by the registrar, or the period specified by the registrar.

• (5) Certification of a day as an interrupted working day shall be disregarded for the purposes of rules 107, 187(2), 194E, 194F and 199.

• (6) In this rule–

• “communication service” means a service by which documents may be sent and delivered and includes a post service, a document exchange service and electronic communications,

• “priority period” has the same meaning as in Part 13.