SCHEDULE
Article 3
TABLE OF FEES IN THE REGISTERS OF SCOTLAND
PART I — LAND REGISTER OF SCOTLAND
I. REGISTRATION FEES
(A) Interests in land other than heritable securities
When application is made for—
(a) registration of an unregistered interest in land in pursuance of section 2(1) of the Act;
(b) registration of the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or
(c) registration of any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act,
the fee to be charged shall be calculated as follows:—
(i) where the interest in land to which the registration relates has been created, granted or transferred for a consideration, on the amount of the consideration or the value of that interest, whichever is the greater; or
(ii) in any other case, on the value of the interest in land to which the registration relates except that, where an application is made to register an interest or interests in land excambed, a fee will be charged on the value of the interest to which the application relates,
and shall be at the rates shown in Table A in Part IV of this Schedule, subject to the provisions of Part III of this Schedule and to the following provisions:—
(aa) where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;
(bb) where a single application, not being an application to register a transfer of part of a registered interest in land, affects a number of title sheets, the fee to be charged shall be based on the amount of the consideration or the value of the interest in land created, granted or transferred, whichever is the greater, plus a fixed fee for every title sheet affected other than the first;
(cc) where an application is made to give effect to a survivorship destination only, a fixed fee will be charged;
(dd) where the application is to register the assignation of a leasehold property, a fee will be charged based on the price paid for the assignation plus ten times the annual rent;
(ee) where the application is made to register a Tree Preservation Order or a Compulsory Purchase Order, a fixed fee for each title sheet affected will be charged;
(ff) where a local authority as uninfeft proprietor of a registered interest in land applies to complete its title thereto in terms of section 3(6) of the Act, the fee charged will be £44 for the first title sheet affected and a fixed fee for every other title sheet affected.
(B) Heritable securities
When application is made for—
(a) registration of the creation over a registered interest in land of a heritable security in pursuance of section 2(3) of the Act; or
(b) registration of any other dealing with a heritable security in pursuance of section 2(4) of the Act,
the fee to be charged shall be calculated on the amount of the heritable security or securities created, or otherwise dealt with, and shall be at the rates shown in Table B in Part IV of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:—
(i) where a heritable security secures a yearly or periodical payment, the amount of the heritable security shall be the capitalised amount of the payment, calculated at 10 years' purchase;
(ii) where an application for the registration of a heritable security over a registered interest in land accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of the security will be charged;
(iii) where a discharge, a discharge and deed of restriction or a deed of restriction of a heritable security however constituted accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of each such accompanying security deed will be charged;
(iv) where a discharge and deed of restriction is registered on its own, the fee will be charged on the amount of the discharge;
(v) where a deed of restriction is registered on its own, a fixed fee will be charged;
(vi) where a variation of a heritable security is registered, a fixed fee will be charged except where the amount secured by the security is increased, in which case the fee will be charged on the amount of the increase;
(vii) where a single application affects a number of title sheets, the fee to be charged will be based on the amount of the security or securities created, or otherwise dealt with, plus a fixed fee for each title sheet affected other than the first.
2. REPORTS
When application is made—
£ |
|
(a) on Form 10 for a report prior to first registration |
20.00 |
(b) on Form 11 for continuation of report prior to first registration |
12.00 |
(c) on Form 12 for a report over registered subjects |
20.00 |
(d) on Form 13 for continuation of report over registered subjects |
12.00 |
(e) on Form 14 for a report to ascertain whether or not subjects have been registered |
20.00 |
(f) on Form P16 for comparison of a bounding description with the Ordnance Map in conjunction with item (a) above, a combined fee of |
30.00 |
(g) on Form P17 for comparison of the boundaries on the Certificate Plan with the Ordnance Map in conjunction with item (c) above, a combined fee of |
30.00 |
|
Note: The fees for items (a) to (e) above include the provision of a hard copy report only. If a facsimile report or a verbal report or a duplicate hard copy report is also required an additional fee of £7 for each is payable. | |
3. MISCELLANEOUS SERVICES
When application is made—
£ |
|
(a) on Form 5 for noting of overriding interest etc. |
22.00 for each title sheet affected |
(b) on Form 8 for Certificate of Title to be made to correspond with title sheet |
25.00 |
(c) on Form 9 for rectification of register |
25.00 |
(d) on Form P16 for comparison of a bounding description with the Ordnance Map separately from item (a) in Part I,2 above |
20.00 |
(e) on Form P17 for comparison of the boundaries on the Certificate Plan with the Ordnance Map separately from item (c) in Part I,2 above |
20.00 |
(f) for checking the boundaries of adjoining properties |
20.00 |
(g) for a substitute Certificate of Title |
A fee being the full value of the work required under rule 19 of the Land Registration (Scotland) Rules 1980, and materials involved |
(h) for withdrawal of an application in terms of rule 10 or rejection of an application in terms of rule 12 of the Land Registration (Scotland) Rules 1980— |
|
(i) where withdrawal in terms of rule 10 occurs within 14 days from the date of acceptance of application; |
22.00 |
(ii) where withdrawal in terms of rule 10 occurs after 14 days from date of acceptance of application; |
{44.00 { or half of the appropriate registration fee, which would have applied if the application had not been withdrawn or rejected, whichever is the greater |
(iii) where the application is rejected under the provisions of rule 12 |
PART II — GENERAL REGISTER OF SASINES
I. RECORDING FEES
(A) Conveyances
In respect of the recording of a conveyance, including absolute conveyance, voluntary or judicial, either for a price or as a gift or in implement of trust or other purpose, completion of title by decree or by notice of title, feu-right, lease, deed creating a ground annual or other yearly or periodical payment where there is a transfer of heritable subjects not in security, and generally all deeds transferring an absolute right to heritable subjects, the fee to be charged shall be calculated as follows:—
(a) where a conveyance for a consideration is recorded, on the amount of the...
