Statutory Instrument 1997 No. 178

      The Land Registration Fees Order 1997

      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No. 178

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration Fees Order 1997

  Made 27th January 1997 
  Coming into force 1st April 1997 

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925[1], and the Treasury, in exercise of the powers conferred on them by section 145 of that Act, sections 2 and 3 of the Public Offices Fees Act 1879[2] and section 128 of the Finance Act 1990[3] hereby make and concur in the following Order:



PART I

General

Citation, commencement and interpretation
     1 .  - (1) This Order, which supersedes the Land Registration Fees Order 1996[4], may be cited as the Land Registration Fees Order 1997 and shall come into force on 1st April 1997.

    (2) In this Order unless the context otherwise requires:

    "account holder" means a person or firm holding a credit account;

    "the Act" means the Land Registration Act 1925;

    "charge" includes a sub-charge;

    "credit account" means an account authorised by the Registrar under article 18(2);

    "Index Map section" has the same meaning as in the Land Registration (Open Register) Rules 1991[5];

    "licensed conveyancer" has the same meaning as in section 11(2) of the Administration of Justice Act 1985[6] and includes a recognised body within the meaning of section 32(2) of that Act;

    "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);

    "the principal rules" means the Land Registration Rules 1925[7];

    "scale fee" means a fee payable in accordance with a scale set out in Schedule 1 or 2;

    "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;

    "Schedule" means a Schedule to this Order;

    "share in registered land" means a share in the proceeds of sale of registered land held on trust for sale.



PART II

Scale fees

Applications for first registration
     2 .  - (1) Subject to article 6 (large scale applications, etc.), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.

    (2) Subject to paragraph (3), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:

A = P + (10 × R)

where A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.

    (3) Where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:

    (a) no annual rent is reserved; or

    (b) the annual rent reserved cannot be ascertained at the time the application is made,

a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.

Transfers of registered land for monetary consideration, etc.
     3 .  - (1) Subject to paragraphs (2) to (5), and to article 4(1)(i) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:

shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.

    (2) Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.

    (3) Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by that purchaser or the monetary consideration given by the sub-purchaser in respect of that land.

    (4) Where a single instrument of transfer gives effect to a sale, and a sub-sale of part only of the land comprised in the sale, the fee payable shall be the aggregate of:

    (5) Where an instrument gives effect to an exchange of registered land ("the first land") for other registered land ("the second land"), whether or not money is paid by way of equality, it shall be treated for the purpose of assessing the fee payable for its registration as two separate transfers, being a transfer of the first land for monetary consideration equal to the value of the first land and a transfer of the second land for monetary consideration equal to the value of the second land.

    (6) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.

Transfers otherwise than for monetary consideration, etc.
     4 .  - (1) Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:

shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.

    (2) Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.

    (3) Where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.

Charges of registered land
     5 .  - (1) Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.

    (2) Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:

shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.

    (3) Subject to article 6 (large scale applications, etc.), and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.

    (4) Subject to article 6 (large scale applications, etc.), and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.

    (5) Subject to paragraph (6), where a scale fee application ("the primary application") is made that will, when completed, result in a person ("the applicant") becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application, provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.

    (6) Where a charge by an applicant referred to in paragraph (5) also charges property ("the additional property") which comprises registered land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:

A= VA ×C
    VC

where A is the amount on which the fee is payable, VA is the value or amount of the additional property, VC is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.

Large scale applications, etc.
     6 .  - (1) In this article:

    (2) The fee for a large scale application shall be whichever is the greater of:

    (3) If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.



PART III

Valuation

Valuation (first registration)
     7 .  - (1) In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.

    (2) In the case of an application:

    (a) to which article 2(1) applies, other than one falling within paragraph (1); or

    (b) to which article 2(3) applies,

the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.

    (3) As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar's opinion, is competent to make such a statement.

    (4) Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).

Valuation (registered land)
     8 .  - (1) Where the value of the land in a registered title falls to be determined under this Order if shall be ascertained by the Registrar at such sum as in his opinion the land would fetch it sold in the open market free from any charge or mortgage:

    (2) As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar's opinion, is competent to make such a statement.

Valuation (charges)
     9 .  - (1) Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:

    (2) Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:

A= VR × C
    VC

where A is the amount on which the fee is payable, VR is the value of the registered land, VC is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).{/formula}

    (3) The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:

    (4) Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.

    (5) If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.

    (6) For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:



PART IV

Fixed Fees and Exemptions

Fixed fees
     10 .  - (1) Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.

    (2) The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.

    (3) The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.

    (4) If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.

    (5) Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.

Exemptions
     11 . No fee shall be payable in respect of any of the applications and services specified in Schedule 4.



PART V

General and Administrative Provisions

Refund of fees
     12 .  - (1) Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.

    (2) Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder's credit account.

    (3) Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee thereof shall be refunded unless the Registrar so directs.

Cost of advertisements and special enquiries
     13 . If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.

Fixed boundaries
     14 . Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.

Special expedition
     15 . Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.

Notes:

 [1] 1925 c.21; section 144(1) was amended by the Administration of Justice Act 1982 (c.53), Schedule 5, paragraph (d). The reference to the Minister of Agriculture, Fisheries and Food was substituted by the Transfer of Functions (Ministry of Food) Order 1955 (S.I. 1955/554). Section 145 was amended by section 7 of the Land Registration Act 1936 (c.26). back

[2] 1879 c.58. back

[3] 1990 c.29. back

[4] S.I. 1996/187. back

[5] S.I. 1992/122, relevant amending instrument is S.I. 1993/3275. back

[6] 1985 c.61. back

[7] S.R. & O. 1925/1093 to which there are amendments not relevant to this Order. back

 
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