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The Land Registration Fee Order 2013

Consolidated Text Cited authorities 15 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2013/3174
Year2013
(1) This Order may be cited as the Land Registration Fee Order 2013 and shall come into force on 17th March 2014.(2) In this Order—
  • “the Act” means the Land Registration Act 2002,
  • “CLRA” means the Commonhold and Leasehold Reform Act 2002
    • ,
  • “charge” includes a sub-charge,
  • “common parts” has the same meaning as in section 25 of the CLRA,
  • “a commonhold” has the same meaning as in section 1 of the CLRA,
  • “commonhold association” has the same meaning as in section 34 of the CLRA,
  • “commonhold community statement” has the same meaning as in section 31 of the CLRA,
  • “commonhold land” has the same meaning as in section 1 of the CLRA,
  • “commonhold unit” has the same meaning as in section 11 of the CLRA,
  • “developer” has the same meaning as in section 58 of the CLRA,
  • “electronic means” means electronically in accordance with a notice given under Schedule 2 to the rules but not by fax,
  • “large scale application” has the same meaning as in article 6(1) (b) ,
  • “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,
  • “permitted means” means permitted under the rules,
  • “profit” means a profit a prendre in gross,
  • “the rules” means the Land Registration Rules 2003
    • and a rule referred to by number means the rule so numbered in the rules,
  • “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 Schedule 2 whether or not reduced in accordance with article 2(5) , article 3(5) , article 4(3) or article 5(8) ,
  • “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,
  • “share”, in relation to land, means an interest in that land under a trust of land,
  • “surrender” includes a surrender not made by deed,
  • “termination application” has the same meaning as in section 46 of the CLRA,
  • “voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise, a profit or mines and minerals held apart from the surface) 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.(1) Subject to paragraphs (2) and (5) and article 6 (large scale applications) , the fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7.there is no premium, andeither there is no rent or the rent cannot be quantified in money at the time the application is made,there is a premium, andeither there is no rent or the rent cannot be quantified in money at the time the application is made,in all other cases, on an amount equal to the sum of the premium (if any) and the rent.(3) The fee for an application for the first registration of a rentcharge is £40.(4) 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.(5) The fee for a voluntary application which is not a large scale application is the fee which would otherwise be payable under paragraph (1) or (2) reduced by twenty five per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.a peppercorn rent or other rent having no money value is to be treated as if it were an annual rent of one penny, andwhere the rent reserved by the lease varies or can be varied, it is to be treated as being the largest amount of annual rent the lease may reserve in the first five years of its term, or in any year where the term is less than five years.a lease which grants an estate in land whether or not the grant is a registrable disposition, ora lease of a franchise, profit or manor the grant of which is a registrable disposition,“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,“rent” means the amount or value of the annual rent, or the amount or value of the rent for the term if the lease is for a term of less than one year.a transfer of a registered estate for monetary consideration,a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, ora surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,(2) Paragraph (1) shall not apply if the application is for the registration of a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973(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.

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