Land Registration Fees Order 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/2089 |
| Year | 1992 |
1992 No. 2089
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration Fees Order 1992
Made 24th August 1992
Coming into force 26th October 1992
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 19251, 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 18792and section 128 of the Finance Act 19903hereby make and concur in the following Order:
PART I
Citation, commencement and interpretation
1.—(1) This Order, which supersedes the Land Registration Fees Order 19914, may be cited as the Land Registration Fees Order 1992 and shall come into force on 26th October 1992.
(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 sub-charge;
“credit account” means an account authorised by the Registrar under article 15(1);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 19915;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 19856and 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 19257;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“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 AND FIXED FEES; ABATEMENTS AND EXEMPTIONS
Scale fees
2.—(1) Subject to article 6, the fee for an application for first registration (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land comprised in the application determined in accordance with article 3.
(2) Subject to article 6, the fee for an application for the first registration of a 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 A in Schedule 1 on any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:
Provided that—
(a)
(a) where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £40 in accordance with Scale B in Schedule 2;
(b)
(b) where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £40 shall be payable.
(3) Subject to paragraph (5)(i) and to article 6, the fee for an application for the registration of:
(a)
(a) a transfer of registered land or of a registered charge for monetary consideration;
(b)
(b) a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land or in a registered charge;
(c)
(c) a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:
Provided that—
(a)
(a) where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable under this paragraph in respect of each transfer;
(b)
(b) where a sale and sub-sale of land are effected by one instrument or transfer, the fee shall be assessed upon the monetary consideration given by the subpurchaser in respect of that land.
(4) The fee for an application in relation to registered land for the registration of:
(a)
(a) an exchange (whether or not money is paid for equality);
(b)
(b) a vesting order or declaration made under section 47 of the Act;
shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.
(5) Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
(a)
(a) a transfer of registered land otherwise than for monetary consideration;
(b)
(b) a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land;
(c)
(c) a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
(d)
(d) a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
(e)
(e) a transmission of registered land on death or bankruptcy;
(g)
(g) an assent of registered land (including a vesting assent);
(g)
(g) an appropriation of registered land;
(h)
(h) a rectification of the register;
(i)
(i) a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:
Provided that—
(a)
(a) in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge.
(b)
(b) 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.
(6) Subject to article 6 and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
(a)
(a) a charge;
(b)
(b) the transfer of a charge otherwise than for monetary consideration;
(c)
(c) 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 A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:
Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.
(7) 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 A in Schedule 1 on the value thereof at the time of its determination.
Valuation (first registration)
3.—(1) In the case of an application by a purchaser for the first registration of title to land 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 as 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 for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and 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.
(3) 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) and (2).
Valuation (registered land)
4.—(1) Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
(a)
(a) in the case of a surrender at a date immediately prior to the surrender;
(b)
(b) in any other case...
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