The Land Registration Fee Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/2092 |
2003 No. 2092
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration Fee Order 2003
Made 11th August 2003
Laid before Parliament 30th October 2003
Coming into force in accordance with article 1(1)
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 20021, and the Treasury, in exercise of the powers conferred on them by section 102 of that Act and sections 2 and 3 of the Public Offices Fees Act 18792hereby make and concur in the following Order:
PART 1
General
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Land Registration Fee Order 2003 and shall come into force on the day that section 1 of the Act comes into force.
(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 2002;
“charge” includes a sub-charge;
“credit account” means an account authorised by the registrar under article 15(1);
“large area application” is as defined in article 6(1);
“large scale application” is as defined in article 6(1);
“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease;
“profit” means a profit a prendre in gross;
“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 rules” means the Land Registration Rules 20033and a rule referred to by number means the rule so numbered in the rules;
“rent” means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made;
“Scale 1” means Scale 1 in Schedule 1;
“Scale 2” means Scale 2 in Schedule 2;
“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(6);
“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;
“surrender” includes a surrender not made by deed;
“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).
(3) Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
PART 2
Scale fees
Applications for first registration and applications for registration of a lease by an original lessee
2.—(1) The fee for an application for first registration is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7 unless the application is—
(a)
(a) for the registration of title to a lease by the original lessee or his personal representative, where paragraph (2) applies;
(b)
(b) for the first registration of a rentcharge, where paragraph (4) applies;
(c)
(c) for the first registration of a franchise or a profit, where paragraph (5) applies;
(d)
(d) a voluntary application, where paragraph (6) applies; or
(e)
(e) a large scale application or a large area application, where article 6 applies.
(2) The fee for an application for the registration of title to a lease (whether or not it is a registrable disposition) by the original lessee or his personal representative is payable under Scale 1—
(a)
(a) on an amount equal to the sum of the premium and the rent; or
(b)
(b) where
(i) there is no premium; and
(ii) either there is no rent or the rent cannot be quantified at the time the application is made,
on the value of the lease assessed under article 7 subject to a minimum fee of £40, unless either of the circumstances in paragraph (3) applies.
(3) Paragraph (2) shall not apply if the application is—
(a)
(a) a voluntary application, where paragraph (6) applies; or
(b)
(b) a large scale application or a large area application, where article 6 applies.
(4) The fee for an application for the first registration of a rentcharge is £40.
(5) The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
(6) The fee for a voluntary application is the fee which would otherwise be payable under paragraphs (1) and (2) for applications to which those paragraphs apply reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
Transfers of registered estates for monetary consideration, etc.
3.—(1) Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of—
(a)
(a) a transfer of a registered estate for monetary consideration;
(b)
(b) a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate;
(c)
(c) a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,
is payable under Scale 1 on the amount or value of the consideration.
(2) Paragraph (1) shall not apply if the application is—
(a)
(a) a large scale application, where article 6 applies; or
(b)
(b) for the registration of a transfer of a matrimonial home made pursuant to an order of the court, where article 4(1)(h) applies.
(3) Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
(4) Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
(5) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination.
Transfers otherwise than for monetary consideration, etc.
4.—(1) Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of—
(a)
(a) a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies);
(b)
(b) a surrender of a registered leasehold estate otherwise than for monetary consideration;
(c)
(c) a transmission of a registered estate on death or bankruptcy;
(d)
(d) an assent of a registered estate (including a vesting assent);
(e)
(e) an appropriation of a registered estate;
(f)
(f) a vesting order or declaration to which section 27(5) of the Act applies;
(g)
(g) an alteration of the register (unless paragraph (3) applies); or
(h)
(h) a transfer of a matrimonial home (being a registered estate) made pursuant to an order of the Court,
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.
(2) Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate the fee for an application for its registration is payable under Scale 2 on the value of that share.
(3) In any application for alteration 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 pay a fee, he may waive it.
Charges of registered estates
5.—(1) The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraphs (2), (3) or (4) apply.
(2) No fee is payable for an application to register a charge lodged with or before the completion of a scale fee application (`the primary application') that will result in the chargor being registered as proprietor of the registered land included in the charge unless—
(a)
(a) the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies; or
(b)
(b) the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.
(3) No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
(4) Where a charge also includes a registered estate which is not included in the primary application any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
(5) The fee for an application for the registration of—
(a)
(a) the transfer of a registered charge for monetary consideration; or
(b)
(b) a transfer for the purpose of giving effect to the...
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