Services-Miscellaneous
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/165 |
| Year | 2003 |
2003 No. 165
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration Fees Order 2003
Made 27th January 2003
Coming into force 1st March 2003
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
General
Citation, commencement and interpretation
1.—(1) This Order, which supersedes the Land Registration Fees Order 20014, may be cited as the Land Registration Fees Order 2003 and shall come into force on 1st March 2003.
(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 17(2);
“day list information” has the same meaning as in the Land Registration (Open Register) Rules 19915;
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991;
“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);
“outline application” has the same meaning as in rule 83A of the principal rules;
“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 whether or not reduced in accordance with article 2(5);
“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 relation to land, means an interest in that land under a trust of land.
PART II
Scale fees
Applications for first registration
2.—(1) Subject to paragraph (5), and 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 paragraphs (3) to (5), 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:
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, in an application to which paragraph (2) applies, no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
(a)
(a) no annual rent is reserved; or
(b)
(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.
(4) Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
(5) In the case of an application for first registration which is not made in pursuance of section 123A(2) of the Act8(compulsory registration: requirement to register) in relation to any of the land comprised in the application the fee otherwise payable in accordance with this article or article 6(2) (fees for large scale applications) shall be reduced by 25 per cent, provided that where the fee so reduced would be a figure which includes pence, the fee must be adjusted to the nearest £10.
Transfers of registered land for monetary consideration, etc.
3.—(1) Subject to paragraphs (2) and (3), and to article 4(1)(h) (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:
(a)
(a) a transfer of registered land 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;
(c)
(c) a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), other than a surrender to which paragraph (4) of Schedule 4 applies;
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 the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
(4) 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 (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
(a)
(a) a transfer of registered land otherwise than for monetary consideration;
(b)
(b) a surrender of a registered lease otherwise than for monetary consideration (whether effected by a deed or otherwise);
(c)
(c) a transmission of registered land on death or bankruptcy;
(d)
(d) an assent of registered land (including a vesting assent);
(e)
(e) an appropriation of registered land;
(f)
(f) a vesting order or declaration made under section 47 of the Act;
(g)
(g) a rectification of the register;
(h)
(h) a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
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) In the case of rectification of the register:
(a)
(a) if it appears to the Registrar that the fee is excessive, he may reduce it; and
(b)
(b) if it appears to him unreasonable that the applicant should be required to pay a fee, he may 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:
(a)
(a) the transfer of a charge for monetary consideration; or
(b)
(b) a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
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 (9) 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 (9) 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...
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