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The Land Registration Fee Order 2009

Type Statutory-Instrument
Publication 2009-04-01
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Made: 1st April 2009

Laid before Parliament: 2nd April 2009

Coming into force: 6th July 2009

Also in accordance with section 102 of that Act, the Treasury has consented to the making of this Order.

PART 1 — General

Citation, commencement and interpretation

1

PART 2 — Scale fees

Applications for first registration and applications for registration of a lease by an original lessee

2

on the value of the lease assessed under article 7 subject to a minimum fee of £50,

unless either of the circumstances in paragraph (3) applies.

Transfers of registered estates for monetary consideration, etc.

3

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

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

4

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.

Charges of registered estates or registered charges

5

$Value of the additional propertyValue of all the property included in the charge×Amount secured by the charge$

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

Large scale applications, etc.

6

PART 3 — Valuation

Valuation (first registration and registered estates)

7

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

$Value of the registered estate or registered chargeValue of all the property charged×Amount of the charge$

PART 4 — Fixed Fees and Exemptions

Fixed fees

9

Exemptions

10

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

PART 5 — General 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 shall be £50.

Method of payment

13

Credit accounts

14

Revocation

15

The Land Registration Fee Order 2006[^f00005] is revoked.

SCHEDULE 1 — SCALE 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(6) (voluntary registration: reduced fees) applies, is not part of the scale.

Amount or value £ Fee £ Reduced fee where article 2(6) (voluntary registration: reduced fees) applies £ Reduced fee where article 2(6) (voluntary registration: reduced fees) applies £
0–50,000 50,001–80,000 80,001–100,000 100,001–200,000 200,001–500,000 500,001–1,000,000 1,000,001 and over 50 80 130 200 280 550 920 50 80 130 200 280 550 920 40 60 100 150 210 410 690 40 60 100 150 210 410 690

SCHEDULE 2 — SCALE 2

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

Amount or value £ Amount or value £ Fee £ Fee £
0–100,000 100,001–200,000 200,001–500,000 500,001–1,000,000 1,000,001 and over 50 70 90 130 260

SCHEDULE 3

PART 1 — FIXED FEE APPLICATIONS

Fee
1 To register: a a standard form of restriction contained in Schedule 4 to the rules, or b a notice (other than a notice to which section 117(2)(b) of the Act applies), or c a new or additional beneficiary of a unilateral notice
total fee for up to three registered titles affected £50
additional fee for each subsequent registered title affected £25
Provided that no such fee is payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application which attracts a fee under this paragraph.
2 To register a restriction in a form not contained in Schedule 4 to the rules – for each registered title £100
3 To register a caution against first registration (other than a caution to which section 117(2)(a) of the Act applies) £50
4 To alter the cautions register – for each individual caution register £50
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 £50
Provided that no such fee is payable if the application is accompanied by a scale fee application.
6 To upgrade from one class of registered title to another £50
Provided that no such fee is payable if the application for upgrading is accompanied by a scale fee application.
7 To cancel an entry in the register of notice of an unregistered rentcharge which has determined – for each registered title affected £50
Provided that no such fee is payable if the application is accompanied by a scale fee application.
8 To enter or remove a record of a defect in title pursuant to section 64(1) of the Act £50
Provided that no such fee is payable if the application is accompanied by a scale fee application.
9 An outline application made under rule 54:
where delivered from a remote terminal £3
where delivered by any other permitted means £6
Such fee is payable in addition to any other fee which is payable in respect of the application.
10 For an order in respect of a restriction under section 41(2) of the Act – for each registered title affected £50
11 To register a person in adverse possession of a registered estate – for each registered title affected £150
12 For registration as a person entitled to be notified of an application for adverse possession – for each registered title affected £50
13 For the determination of the exact line of a boundary under rule 118 – for each application £100
14 To register a freehold estate in land as a freehold estate in commonhold land which is not accompanied by a statement under section 9(1)(b) of the CLRA:
up to 20 commonhold units £50
for every 20 commonhold units, or up to 20 commonhold units, thereafter £15
15 To add land to a commonhold:
adding land to the common parts title £50
adding land to a commonhold unit £50
adding commonhold units
up to 20 commonhold units £50
for every 20 commonhold units, or up to 20 commonhold units, thereafter £15
16 To apply for a freehold estate in land to cease to be registered as a freehold estate in commonhold land during the transitional period, as defined in the CLRA £50
17 To register a freehold estate in land as a freehold estate in commonhold land, which is accompanied by a statement under section 9(1)(b) of the CLRA
for each commonhold unit converted £50
18 To register an amended commonhold community statement which changes the extent of the common parts or any commonhold unit:
for the common parts £50
for up to three commonhold units £50
for each subsequent commonhold unit £25
Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part.
19 To register an amended commonhold community statement, which does not change the extent of a registered title within the commonhold £50
Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part.
20 To register an alteration to the Memorandum or Articles of Association of a commonhold association £50
21 To make a termination application
for each registered title affected £50
22 To note the surrender of a development right under section 58 of the CLRA……. £50

PART 2 — SERVICES – INSPECTION AND COPYING

NOTE: In this Part “lease” means a lease or a copy of a lease.

1 Inspection, from a remote terminal:
for each individual register £4
for each title plan £4
for any or all of the documents (other than leases) referred to in an individual register – for each registered title £6
for each lease kept by the registrar which is referred to in an individual register or which relates to an application to him £12
for the individual register and title plan of a commonhold common parts title – for each registered title £4
for each individual caution register £4
for each caution plan £4
for any other document kept by the registrar which relates to an application to him - for each document £6
2 Inspection (otherwise than under paragraph (1)):
for each individual register £8
for each title plan £8
for any or all of the documents (other than leases) referred to in an individual register – for each registered title £12
for each lease kept by the registrar which is referred to in an individual register or which relates to an application to him £24
for the individual register and title plan of a commonhold common parts title – for each registered title £8
for each individual caution register £8
for each caution plan £8
for any other document kept by the registrar which relates to an application to him – for each document £12
3 Official copy in respect of a registered title:
for each individual register
where an official copy in electronic form is requested from a remote terminal £4
where an official copy in paper form is requested by any permitted means £8
for each title plan
where an official copy in electronic form is requested from a remote terminal £4
where an official copy in paper form is requested by any permitted means £8
for each commonhold common parts individual register and title plan
where an official copy in electronic form is requested from a remote terminal £4
where an official copy in paper form is requested by any permitted means £8
4 Official copy in respect of the cautions register
for each individual caution register
where an official copy in electronic form is requested from a remote terminal £4
where an official copy in paper form is requested by any permitted means £8
for each caution plan
where an official copy in electronic form is requested from a remote terminal £4
where an official copy in paper form is requested by any permitted means £8
5 Official copy of any or all of the documents (other than a lease) referred to in an individual register – for each registered title
where an official copy in electronic form is requested from a remote terminal £6
where an official copy in paper form is requested by any permitted means £12
6 Official copy of a lease kept by the registrar which is referred to in an individual register or which relates to an application to him – for each lease
where an official copy in electronic form is requested from a remote terminal and a copy of the lease is held in electronic form by the registrar £12
where an official copy in electronic form is requested from a remote terminal and a copy of the lease is not held in electronic form by the registar £24
where an official copy in paper form is requested by any permitted means £24
7 Official copy of any other document kept by the registrar which relates to an application to him – for each document
where an official copy in electronic form is requested from a remote terminal and a copy of the document is held in electronic form by the registrar £6
where an official copy in electronic form is requested from a remote terminal and a copy of the document is not held in electronic form by the registrar £12
where an official copy in paper form is requested by any permitted means …… £12
8 Copy of an historical edition of a registered title (or of part of the edition where rule 144(4) applies) – for each title £10

PART 3 — SERVICES - SEARCHES

1 An official search of an individual register or of a pending first registration application made to the registrar from a remote terminal – for each title £4
2 An official search of an individual register by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996[^f00006] made to the registrar from a remote terminal £4
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 £8
4 The issue of a certificate of inspection of a title plan £8
5 An official search of the index map
where no or not more than five registered titles are disclosed £5
where more than five registered titles are disclosed
for the first five titles £5
for every ten titles, or up to ten titles, thereafter £3
6 Search of the index of proprietors’ names – for each name £12
7 An official search of the index of relating franchises and manors – for each administrative area
where the application is made from a remote terminal £4
where the application is made by any other permitted means £8

PART 4 — SERVICES – OTHER INFORMATION

1 Application for return of a document under rule 204 £10
2 Application that the registrar designate a document an exempt information document £26

SCHEDULE 4 — EXEMPTIONS

No fee is payable for:

Signed

Signed by the authority of the Lord Chancellor

Michael Wills — Minister of State, — Ministry of Justice — 31st March 2009

We consent

Tony Cunningham — Frank Roy — Two of the Lord Commissioners of Her Majesty’s Treasury — 1st April 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order replaces the Land Registration Fee Order 2006. It makes changes to land registration fees.

The main changes made by the Order are:

An impact assessment has not been produced for this instrument.

Footnotes

[^f00001]: 2002 c.9.

[^f00002]: Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302.

[^f00003]: 2002 c.15

[^f00004]: S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 2005/1982, 2008/1750 and 2008/1919.

[^f00006]: 1996 c. 27.

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