Practice guide 1: first registrations

4. Lodging applications for first registration

4. Lodging applications for first registration

4.1 Who can apply

When registration is compulsory, the estate owner (transferee or grantee) or their successor in title must make the application (section 6(1) of the Land Registration Act 2002).

However, a mortgagee under a mortgage falling within section 4(1)(g) of the Land Registration Act 2002 (ie one that triggers compulsory first registration) may make an application in the name of the mortgagor for the estate charged by the mortgage to be registered whether or not the mortgagor consents (rule 21 of the Land Registration Rules 2003).

Where there is a requirement of registration, the application must be made within 2 months (sections 6(1) and (4) of the Land Registration Act 2002). See Time limit.

Under section 3(2) of the Land Registration Act 2002 a person may apply voluntarily to be registered as the proprietor of an unregistered legal estate if either:

• the estate is vested in them
• they are entitled to require the estate to be vested in them

The following persons cannot apply:

• a person with a leasehold estate vested in them, as a mortgagee where there is a subsisting right of redemption under section 3(5) of the Land Registration Act 2002
• a person whose entitlement is as a person who has contracted to buy under a contract under section 3(6) of the Land Registration Act 2002

It is also not possible, at any time, to make a voluntary application for first registration in the name of a deceased estate owner (including a deceased mortgagor) as the estate vests by statute from the moment of their death under section 1 or 9 of the Administration of Estates Act 1925. Where there is an assent or a transfer by the personal representative the application should be made in the name of the assentee or transferee. Alternatively, where no assent or transfer has been made the administrator(s) or executor(s) can voluntarily apply to be registered as proprietor. The application must be supported by a copy of the grant of representation and must be made by all the personal representatives. Please note that non-UK grants of representation or equivalent are not sufficient to deal with land in England and Wales unless re-sealed by the High Court in England and Wales. Where the deceased was one of joint owners and the other owner is not deceased, the application can only be made by the surviving owner. If the land was held as a tenancy in common, consideration should be given to applying for a Form A restriction. For the purpose of rule 21 of the Land Registration Rules 2003, where a sole mortgagor is deceased, an application for first registration may be made by the mortgagee in the name of the executor, administrator, or Public Trustee as appropriate. Section 6 of the Land Registration Act 2002 does not apply to voluntary first registrations as there is no duty to apply for registration.

4.2 Form of application

Your application must be made in form FR1, which is available from law stationers or can be downloaded from GOV.UK free of charge. As with all forms, you may reproduce it electronically if preferred.

Form FR1 was amended on 1 August 2022 by the Land Registration (Amendment) Rules 2022 to require additional information to be provided when an application is made to register an overseas entity as proprietor of a freehold estate in land or a leasehold estate in land granted for a term of more than seven years from the date of the grant. This information is required by the Economic Crime (Transparency and Enforcement) Act 2022 which came into force on 1 August 2022. The pre-commencement version of form FR1 can be used up to 31 October 2023 but must include the overseas entity ID for the applicant. For more information, please see practice guide 78: overseas entities.

4.3 Completion of the application form FR1

4.3.1 Panel 1: local authority serving the property

Enter the local authority to which council tax or business rates are paid in respect of the property. This will be either a unitary authority, metropolitan and London boroughs, or, in ‘two-tier’ areas, the district council area.

4.3.2 Panel 2: address or other description of the estate to be registered

Give the postal address including postcode, if any. We will generally enter the address in the register from the Post Office address file, so it may differ slightly from the address you enter here. If there is no postal address a general description such as ‘land on the north side of London Road, Whiteoaks’ will suffice.

4.3.3 Panel 3: extent to be registered

You must provide sufficient details to enable us to identify clearly the extent of the land to be registered on the Ordnance Survey map (rule 24(1)(a) of the Land Registration Rules 2003). If the panel has not been completed or if we cannot establish the extent sufficiently for it to be indexed, we will reject your application.

You have 3 options when completing this panel.

4.3.3.1 Ad hoc plan

This option must be used where you supply a plan on its own to identify the property. The plan or plans must be prepared to a suitable scale, preferably based on the Ordnance Survey map. Put an ‘X’ in the first box and complete the statement appropriately. The plan should be securely attached to the FR1.

You cannot use the postal address option when registering a flat, maisonette, cellar or common parts within a building, or where a property comprises different extents at different levels. In these cases, you must supply a plan of the surface on, under or over which the land to be registered lies, and sufficient information to define the vertical and horizontal extents of the land (see rule 26 of the Land Registration Rules 2003). The plan can be either an ad hoc plan or a deed plan.

Similarly, a plan will always be needed if there are outbuildings or a parking area or bin space that cannot be clearly identified by description.

4.3.3.2 Plan in title deeds

Where the title deeds contain a satisfactory plan of the land to be registered, put an ‘X’ in the second box and state the nature and date of the deed that contains the plan (for example ‘conveyance dated 21 April 1926’).

This option should be used only where the deed plan is well drawn to an adequate scale and it is quite clear that the position of the boundaries has not changed since the plan was prepared.

4.3.3.3 Postal address or other description

Where the land can be fully identified from the description in panel 2 of the form you can put an ‘X’ in the last box. This should be possible where the property or each of the properties, if more than one, is either:

• completely enclosed and the whole enclosure is readily identifiable on the Ordnance Survey map from the postal address given
• identical to the land in another title, such as a registered lease where the application relates to the reversion. The title number should be included in panel 2, for example ‘registered leasehold under title number AA123456’

If registering mines and minerals owned separately from the surface you must provide under rule 25 of the Land Registration Rules 2003:

• a plan of the surface under which the mines and minerals lie
• any other sufficient details by plan or otherwise so that the mines and minerals can be identified clearly
• full details of rights incidental to the working of the mines and minerals

4.3.4 Panel 4: class of title applied for

4.3.4.1 General observations

If you are applying for only a possessory title or good leasehold title, enter ‘X’ in the relevant box in panel 4. Otherwise, enter ‘X’ against absolute freehold or absolute leasehold as the case may require. The registrar will then grant the best class of title that the circumstances permit.

You should note that we might not be able to grant the class of title that you apply for.

4.3.4.2 Mixed freehold and leasehold

Occasionally, due to inadequate descriptions in old deeds, freehold and leasehold land may have become indistinguishable. In such a case you should apply for absolute freehold title. The title will probably be registered as an absolute freehold title, but with a note in the register stating that the part of the land (if any) that is leasehold is registered with good leasehold title only.

4.3.4.3 Former leasehold enlarged to freehold

Absolute freehold title may also be applied for where a term of years has been enlarged into a fee simple under section 153(8) of the Law of Property Act 1925 or section 65(4) of the Conveyancing and Law of Property Act 1881. If the evidence supplied is satisfactory, we will make an entry in the register to reflect the appropriate legislation under which enlargement has occurred.

If the registrar is not satisfied with the evidence of enlargement, the freehold title will not be registered.

For further information on enlargement see section 12 of practice guide 26: leases – determination.

4.3.5 Panel 5: application, priority and fees

Failure to enter the value of the land in this panel and/or to include the fee may result in the rejection of the application.

4.3.5.1 Merger of registered and unregistered leases

Where a lease registered in the name of the estate owner is to merge in the immediate reversion, panel 5 should include an application to close the leasehold title on merger. You must also enclose a completed form AP1 with your application, quoting the merging title. If the leasehold title is charged, you must lodge any form DS1 or deed of substituted security that are appropriate, or request the lender to discharge the mortgage electronically. Currently no additional fee is payable.

Where an unregistered lease belonging to the estate owner is to merge in the immediate reversion, panel 4 should include an application for the merger. See HM Land Registry: Registration Services fees for the fee payable.

4.3.5.2 Easements and other rights

Easements and other rights referred to in the latest transfer will normally be included in the title, without specific application, if the registrar is satisfied that they benefit the estate being registered.

If the property has the benefit of rights not granted by deed you should apply specifically if you want them to be included in the title (see rule 33(1)(b) of the Land Registration Rules 2003). You must give details of the rights claimed, and prove their existence by appropriate statutory declarations.

4.3.5.3 Other applications and their priority

All charges to be registered and any action you are applying for (such as amalgamation with an existing registered title) should be listed in panel 5 in their intended order of priority, and any appropriate documents should accompany the application.

Where you are applying for any action with a specified application form, such as a restriction (form RX1) or designation as an exempt commercial information document (form EX1), you must also include that form, duly completed.

For information on completing the sub-section headed ‘Fee payment method’, see HM Land Registry fees.

4.3.6 Panel 6: the applicant

The name(s) of the people applying to be registered as proprietors should be given here. Where a conveyancer lodges the application, the names of the clients not the firm should be given here. If the applicant is a company or limited liability partnership the second part of the panel will need to be completed.

For corporate bodies that are not registered under the Companies Act 2006 in the UK, see also Constitution of a corporation.

Where the applicant is an overseas entity, their overseas entity ID issued by Companies House must be provided or confirmation that an overseas entity ID is not required. This is in addition to their territory of incorporation or formation. The application for first registration cannot be made unless the overseas entity has been registered with Companies House; it will be rejected if the overseas entity ID is not provided.

4.3.7 Panel 7: the application is sent to HM Land Registry by

If you are a professional customer, fill in the details of your firm here including a phone number and email address, if you have them. You must provide either a postal or DX address for correspondence and a key number, if applicable.

If you are a citizen, fill in your name and address here including a phone number and email address, if you have them.

If you include an email address, we will use it to contact you about your application.

We will deal only with the person named in panel 7 of the application form. Requests to correspond with a third party will be refused. We will acknowledge receipt of your application only if an email address is provided.

4.3.8 Panel 8: address(es) for service of each proprietor of the estate

This information will be entered in the proprietorship register. You may give up to 3 addresses for service for each applicant.

One address for each applicant must be a postal address, whether or not in the United Kingdom (rule 198(3) of the Land Registration Rules 2003).

The others may be a different postal address, a UK document exchange address or an electronic (email) address (rule 198(4) and (7) of the Land Registration Rules 2003). There is no need to give more than one address for each applicant.

4.3.9 Panel 9: where the applicant is more than one person

Where there are joint estate owners, you must select one of the options in panel 9 by placing ‘X’ in the appropriate box.

If they are neither equitable joint tenants nor tenants in common in equal shares, select the last box and complete the statement as necessary.

The purpose of this is not to give the registrar notice of the trusts under which the land is held (under section 44(1) of the Land Registration Act 2002), but simply to enable us to enter a Form A restriction (see rule 95(2)(a) of the Land Registration Rules 2003). We must enter this restriction whenever we register 2 or more persons as proprietors of an estate in land, unless the survivor of the proprietors will be able to give a valid receipt for capital money arising on a disposition. As a rule, the survivor can only give a valid receipt where the proprietors are equitable joint tenants or the personal representatives of an absolute owner.

4.3.10 Panel 10: name and address(es) for service for the proprietor of any charge

All charges and mortgages to be registered should have been listed in panel 5.

Unless the charge carries an HM Land Registry MD reference (which can usually be found at the foot of the first page of the charge), in this panel you must give:

• the full name of the chargee
• its registered number if it is a company or a limited liability partnership registered in the UK under the Companies Act 2006
• the territory of incorporation and registered number in the UK (if any) if it is an overseas corporation
• up to 3 addresses for service, as explained under panel 8

Where the charge is to a bank, provide the relevant branch or securities centre address and sort code.

If the charge has been transferred since it was created, you must give this information and provide evidence of the transfer, even if it bears an MD reference.

Where the charge has no MD reference and the chargee is a corporate body that is not registered in the UK under the Companies Act 2006, see Constitution of a corporation.

4.3.11 Panel 11: disclosable overriding interests

Schedule 1 of the Land Registration Act 2002 lists the interests that override first registration. You should also refer to paragraphs 7 to 13 of Schedule 12 to the Land Registration Act 2002 for transitional arrangements relating to overriding interests.

With certain exceptions, you must disclose overriding interests that affect the estate being registered, and that the applicant actually knows about (see section 71 of the Land Registration Act 2002). The exceptions are set out in rule 28(2) of the Land Registration Rules 2003. In particular, you do not need to disclose any interest that is apparent from the deeds and documents of title lodged with your application.

In this panel, you must state whether there are any disclosable overriding interests, by placing an ‘X’ in the appropriate box. If there are any, you must list them on form DI, and lodge it with your application.

We may enter a notice in the register of any interest that you disclose.

Further information on overriding interests is contained in practice guide 15: overriding interests and their disclosure.

4.3.12 Panel 12: certificate as to other interests

Failure to complete this panel is likely to result in the rejection of the application.

Generally, there will be no rights, interests or claims known to the applicant other than those disclosed in the title documents or forms lodged. In this case place an ‘X’ in the first box in panel 12. If a certified copy of the instrument creating a right or interest is lodged, the right or interest will be treated as disclosed in the title documents and you do not need to mention it here. Nor do you need to disclose again any interest you have listed on form DI.

If there are any other undisclosed interests, rights or claims known to the applicant, place an ‘X’ in the second box and complete the statement with whatever particulars are available. Any affecting land charges not covered in the deeds should be listed here.

Examples of third party rights, interests and claims that can affect the property are set out below. In this context, ‘land charges’ means puisne mortgages, equitable charges, estate contracts, restrictive covenants, equitable easements and other charges on, or obligations affecting, land falling in one of the classes listed in section 2 of the Land Charges Act 1972.

As explained in Who can apply the applicant is generally the estate owner, but in certain circumstances others have the right to apply. When you are instructed by more than one party, for example the estate owners and the first mortgagees, include any rights, interests and claims known to any of them.

4.3.12.1 Leases and tenancies

You must tell us here of any lease to which the land is subject for which you are unable to provide documentary evidence, and that is not an overriding interest. Give details if you are aware of any options contained in these leases.

Even though the leases are not overriding interests, there is no objection to your listing them on form DI if it would be convenient to do so.

You should also tell us about any options contained in leases that are not capable of being noted (see section 33 of the Land Registration Act 2002) where the option has not been disclosed in the title deeds or on form DI under paragraph 2 of Schedule 1 of the Land Registration Act 2002.

4.3.12.2 Land charges registered at the Land Charges Department

See Land Charges searches.

4.3.12.3 Land charges created by the applicant (or a predecessor in title where the applicant is not a purchaser for value)

Land charges of this kind will be binding on the proprietor whether or not they have been registered at the Land Charges Department.

4.3.12.4 Rights acquired, or in course of being acquired, under the Limitation Act 1980

If squatters occupy any part of the property details must be given here, unless the squatters’ interest has been disclosed on form DI under rule 28(1) of the Land Registration Rules 2003. We will not complete registration until the claims of the squatters have been investigated.

4.3.12.5 Claims

Give particulars of any claims that may result in an objection to the application or should be noted in the register (unless disclosed on form DI). If possible, provide the name and address of the person making the claim.

4.3.13 Panel 13: examination of title

Place an ‘X’ in the box if the applicant’s title, including the title to any beneficial rights, has not been examined in the usual way prior to the application. If it has, you should leave panel 13 as it is. By signing panel 17 you will certify that it is correct. This enables the registrar, if thought fit, to have regard to prior examination by a conveyancer when they examine the title (see rule 29 of the Land Registration Rules 2003).

4.3.14 Panels 14 to 16: confirmation of identity

To protect ourselves and our customers from identity fraud, we require completion of these panels when you are registering a transfer, lease or charge. If these are not completed, then we may reject the application.

In panel 14 you should cross the appropriate panel depending on whether you are a conveyancer or not. Depending on the answer, complete panel 15 or 16 by listing the parties to the deeds and who acted for them. Evidence of identity for an unrepresented party must be supplied. See practice guide 67: evidence of identity for further information.

4.3.15 Panel 17: signature of applicant or their conveyancer/Date

You must sign and date the form. We may reject any unsigned form FR1.

4.4 Documents that must accompany form FR1

4.4.1 Form DL

Form DL, in duplicate, must always accompany form FR1. In panel 1, give the address or other description of the property. In panel 2, list, in order, all the documents lodged in support of the application (see rule 24(1)(d) of the Land Registration Rules 2003).

4.4.2 Plan

If you have placed an ‘X’ in the first box in panel 3 of form FR1, you must enclose a plan sufficient to enable the land to be clearly identified on the Ordnance Survey map (rule 24(1)(a) of the Land Registration Rules 2003). See Completion of the application form FR1 for information on completing this panel.

4.4.3 Lease

Where the title is leasehold, you must lodge the original lease, if it is in the applicant’s control, even if it pre-dates the root of title. You should also lodge a certified copy of the lease. If the title is subject to any leases you should lodge the relevant counterparts. See also Applications lodged by conveyancers – acceptance of certified copy deeds.

4.4.4 Title deeds

Send all the deeds and documents relating to the title that the applicant has or can oblige the holder to produce, including opinions of counsel, abstracts of title, copies of documents, contracts for sale, requisitions, replies, searches and other documents relating to the title. All these documents must be listed on form DL under rule 24(1)(d) of the Land Registration Rules 2003.

Where the application is based on a purchase for value and the title has been investigated in the usual way back to a good root at least 15 years old, you should resist the temptation to edit the deed package so as to send us only a recent root of title and subsequent conveyances. Though we may not need to see very old documents, particularly if they are fragile, deeds from the 19th and early 20th centuries often contain definitive details of covenants, easements and other matters that need to be entered in the register. They may also contain better plans than more recent deeds.

You will reduce the likelihood of our sending you requisitions by lodging a complete bundle of deeds, and the examiner will have a better opportunity to frame fully informative entries both as to the nature of any covenants or rights and the extent of the land affected.

Original deeds and documents need not be produced if they are not in the control of the applicant. Examples would be where:

• they affect other land
• they are held by a chargee under a subsisting charge entered into before the transfer to the estate owner (but note that, as we will have to register the charge, the chargee will usually have to consent to the application)
• their production would entail the applicant paying a fee to the holder

In such cases, you should supply an abstract or certified copies of the relevant deeds. Copies of deeds will be scanned and destroyed. Abstracts should be marked by a conveyancer as examined against the original deeds. All particulars of wills, grants of probate or letters of administration, marriages, civil partnerships and deaths set out in the abstract of title as separate items should also be verified and marked accordingly.

If there is no good explanation for the absence of the original deeds, we may not be able to give an absolute title. If you require further information about missing deeds, refer to practice guide 2: first registration of title if deeds are lost or destroyed.

The evidence required in support of your application depends on the nature of the title and the class of title sought – see The examination process and classes of title.

Where the application is based on an assent, we will need to be satisfied that the assentee was the person entitled to have the legal estate transferred to them – see Titles based on assents.

Any original statutory declarations, statements of truth, subsisting leases, subsisting charges, certificates relating to Stamp Duty Land Tax or Land Transaction Tax (as required by section 79 of the Finance Act 2003 or section 65 of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 respectively) and the latest document of title (such as the transfer to the applicant) will be retained under rule 203 of the Land Registration Rules 2003. But if you are making the application with copy deeds and documents only see Applications lodged by conveyancers – acceptance of certified copy deeds. If your application is for first registration where title deeds have been lost or destroyed see practice guide 2: first registration of title if deeds are lost or destroyed. If the application is scanned, all original documents and deeds will be returned to you once they have been scanned – see Submitting your application.

Apart from this, we will return the pre-registration deeds after registration. Subject to the rights of any mortgagee that wishes to hold them, the estate owners are entitled to possession of them, and they ought not to be destroyed without their authority. There are several reasons why a customer may want to keep pre-registration deeds:

• they often contain information that would not appear on the land register. For example, details of trusts, wayleaves, licences, short leases, correspondence and old searches
• they may assist in future if the title comes into question or on alteration applications
• recent court decisions have stated that only the deeds can establish the exact line of a boundary on a property registered with general boundaries

Particularly with older properties, the deeds may have considerable historical interest. Local archives or record offices are usually happy to take unwanted deeds and documents, either as a gift or on loan. Documents deposited on loan are always available for consultation or withdrawal by the owner. The British Records Association (Records Preservation Section), care of

Telephone: 020 7833 0428

The British Records Association website can give advice and assistance on the deposit of documents in an appropriate archive.

Further information, including a form for the deposit of title deeds, can be found at Deposit title deeds.

The deeds and documents are only to be deposited following completion of registration.

4.4.4.1 Applications lodged by conveyancers - acceptance of certified copy deeds

This practice has now been withdrawn but does still apply to applications lodged prior to 1 October 2024 at HM Land Registry and that are still pending. Please see Applications lodged by conveyancers - acceptance of certified copy deeds for further information.

4.4.5 Land Charges searches

The registrar can make searches and enquiries, or direct the applicant to make them (rule 30 of the Land Registration Rules 2003). Other than that, there are no specific requirements in the Land Registration Rules 2003 regarding searches against the estate owners or their predecessors in title.

We require searches against:

• the applicant’s immediate seller
• the landlord where the original tenant applies for the grant of an absolute title
• the deceased and the personal representative(s) when the latter is the seller to the applicant
• any other holder of the legal estate since the last conveyance on sale prior to the deed inducing registration or conveyance to the applicant (which will include, for example, a deceased joint owner)
• the borrower where the deed inducing registration is by a mortgagee acting under a power of sale, from the date of acquisition by the borrower to the date of sale by the mortgagee

On voluntary first registration applications, in addition to the searches stated above, we also require a search against the applicant.

If the applicant is not the estate owner, for example if a mortgagee under a mortgage that triggers compulsory first registration is applying in the name of the mortgagor for the estate charged by the mortgage to be registered, we also require a search against the estate owner.

Whenever a compulsory first registration application is made after the expiry of the 2-month period referred to in Time limit, or if an application is made within the time limit but is subsequently cancelled, you should also lodge up-to-date land charges searches against the disponor(s)/revertee(s).

Additionally, if an unregistered estate that has become subject to compulsory first registration (because of a qualifying transfer, lease or mortgage) needs to be dealt with again before first registration has been applied for, you should also lodge up-to-date land charges searches against (1) the applicant(s), (2) the disponor(s)/revertee(s) who entered into the deed inducing registration and (3) the person/people subject to the section 6 duty (the person/people who disposed to the first registration applicant(s)).

Note: The revertee is the person to whom the legal estate reverts to as described in section 7 of the Land Registration Act 2002; see Time limit.

Any earlier search certificates that are with the deeds should also be lodged.

The searches must be against the correct name of each estate owner and cover the whole period during which a charge could have been registered in that name. In the case of a deceased estate owner, the period should extend to the date that the personal representatives disposed of the property, or, if they have not yet done so, to the present. This is because charges may have been registered against the deceased’s name after their death, under sections 3(1A), 5(4A) or 6(2A) of the Land Charges Act 1972.

Remember that some county boundaries have changed over the years so you should search against any appropriate former county.

You must account for any entry appearing on the searches lodged. If it does not affect the land being registered, a conveyancer should certify that fact. Failing this, you should explain the entry in panel 12 of Form FR1, and lodge the original or a certified copy or an examined abstract of the deed or document on which the entry is founded. If this is impossible, you should obtain an office copy of the entry from the Land Charges Department and lodge that, together with any further evidence of the protected interest.

If only an office copy of the entry is available, we are likely to make a protective entry in the register.

4.4.6 Certificate of registration of company charge

With a few exceptions, charges created by a UK company or limited liability partnership must be registered at Companies House. See sections 859A of the Companies Act 2006 for charges created on or after 6 April 2013. For charges dated before this, see section 860 (for companies registered in England, Wales and Northern Ireland) and section 878 (for companies registered in Scotland). Between 1 October 2009 and 30 September 2011, charges by oversea companies had to be registered at Companies House (section 1052, Companies Act 2006).

The certificate of registration issued by Companies House must accompany your application. For charges dated on or after 6 April 2013, you must also lodge a certificate or written confirmation that the charge lodged for registration is:

• the original charge of which a [redacted] copy [under section 859G of the Companies Act 2006] has been filed at Companies House
• the charge to which the accompanying certificate of registration relates

If you do not include the certificate of registration with your application, we will make an entry in the register stating that the charge is subject to the provisions of section 859A, 860, section 878 or section 1052 of the Companies Act 2006, as appropriate (rule 111(2) of the Land Registration Rules 2003).

For charges dated before 6 April 2013, the following types of charge are excepted from the need for registration at Companies House.

• Charges for any rent or other periodical sum issuing out of land
• Charges taken on a property by way of substituted security in exchange for an existing property released from a trust deed that was itself duly registered as a charge under the Companies Act 2006

For charges dated on or after 6 April 2013, the requirement for filing at Companies House does not apply to:

• a charge in favour of a landlord on a cash deposit given as a security in connection with the lease of land
• a charge created by a member of Lloyd’s (within the meaning of the Lloyd’s Act 1982(a)) to secure its obligations in connection with its underwriting business at Lloyd’s
• a charge excluded from the application of this section by or under any other Act

4.4.7 Charitable, ecclesiastical and public trusts

Where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts, other than for a non-exempt charity, applies to be registered as proprietor of a registered estate or charge, the application must be accompanied by the document creating the trust or a certified copy of it (see rules 182 and 214 of the Land Registration Rules 2003).

There are additional requirements for charities. See practice guide 14: charities: advice for applications to be sent to HM Land Registry.

4.4.8 Constitution of a corporation

If the applicant is a corporate body, but is not either:

• a company registered in the UK under the Companies Act 2006
• a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 or the Limited Liability Partnerships Act (Northern Ireland) 2002
• the trustee of a public, ecclesiastical or charitable trust (other than a non-exempt charity)

you must lodge evidence of the extent of its powers to hold and sell, mortgage, lease, and otherwise deal with land, and, in the case of a charge, to lend money on mortgage (see rule 183(1) of the Land Registration Rules 2003). The evidence must include the document(s) constituting the corporation, or a certified copy, and any further evidence the registrar may require (see rules 183(2) and 214 of the Land Registration Rules 2003). If the evidence is in a language other than English or Welsh, you must supply a certified translation of it.

Alternatively, a certificate in Form 7 (for a corporation incorporated outside the United Kingdom) may be given by a qualified lawyer practising in the territory of incorporation or in Form 8 (for a corporation incorporated within the United Kingdom) may be given by the applicant’s conveyancer.

4.4.9 Social landlords

If the land is held by or in trust for a registered social landlord (see section 1 of the Housing Act 1996), or is grant-aided land held by or in trust for an unregistered housing association (For ‘housing association’ see section 1 of the Housing Associations Act 1985. As to registration of housing associations see section 1 of the Housing Act 1996. ‘Grant aided land’ is defined in Schedule 1 to that Act.), the application must be accompanied by a certificate to that effect (See rule 183 of the Land Registration Rules 2003).

4.4.10 Application for a restriction and use of form RX1

When registering a single individual or corporation as proprietor of a registered estate, whether on a dealing or on first registration, the registrar will only enter a restriction in the following form (Form A) if it is applied for.

Nevertheless, such a restriction ought to be entered on registering a sole trustee or nominee as proprietor of a registered estate, since such a person will normally be unable to give a valid receipt for capital money.

Consequently, a sole or last surviving trustee of a trust of land who applies to be registered as proprietor must at the same time apply for a Form A restriction. This applies both on first registration and on registered dispositions (rule 94(2) of the Land Registration Rules 2003). The application must be made in form RX1 or in the additional provisions panel of an HM Land Registry form of transfer in favour of the applicant (see rule 92(7)(a) of the Land Registration Rules 2003).

Similarly, an applicant for first registration of a legal estate held on a trust of land where the powers of the trustees are limited (See section 8 of the Trustees of Land and Appointment of Trustees Act 1996) must apply for a restriction in Form B. This also applies where the legal estate is vested in the personal representatives of a sole or last surviving trustee. Application must be made in form RX1 or using an HM Land Registry form of transfer, as stated in the preceding paragraph.

Where the legal estate is held on charitable, ecclesiastical or public trusts, see Charitable, ecclesiastical and public trusts.

In other situations where you wish to apply for a restriction, you must use form RX1, unless excepted under rule 92 of the Land Registration Rules 2003. See practice guide 19: notices, restrictions and the protection of third party interests in the register for additional information.

4.4.11 The appropriate Stamp Duty Land Tax or Land Transaction Tax certificate

Stamp Duty Land Tax (SDLT) applies to transactions relating to land in England and transactions relating to land in Wales completed before 1 April 2018. Land Transaction Tax (LTT) applies to transactions relating to land in Wales completed on or after 1 April 2018.

If the application is based upon or includes a land transaction that is affected by SDLT or LTT, the appropriate SDLT or LTT certificate relating to that transaction must accompany the application. Where the application includes a transfer that is not considered by HM Revenue & Customs (HMRC) or the Welsh Revenue Authority (WRA) to constitute a land transaction for tax purposes or where a transaction is not one requiring notification to HMRC or WRA an explanation of the circumstances should be provided, as HM Land Registry may reject any application that fails to include a certificate where one appears to be necessary.

Where land falls partly in England and partly in Wales, the transaction will be treated as if there were 2 transactions and the consideration is to be apportioned between the 2 transactions. If the consideration for each transaction requires notification to HMRC and the WRA, both authorities will issue a land transaction return certificate. There will be cases where the cross-border transaction will include land in Wales or England that is not notifiable to either HMRC or the WRA (or potentially both). In these cases it will be necessary for the taxpayer to notify HM Land Registry when lodging the application that there is only one certificate (or no certificates) because the consideration given for the land in one country, or in both tax jurisdictions, is not notifiable to one, or both, tax jurisdiction(s).

4.4.11.1 Land transactions for SDLT

Land transactions for SDLT fall into 3 categories:

• transactions requiring notification to HMRC and the completion of a land transaction return. HMRC will issue a land transaction return certificate as evidence that SDLT has been accounted for on the transaction notified in the return. You must submit the original certificate or submission receipt to HM Land Registry when registering the transaction
• transactions not requiring notification to HMRC where the transaction was completed on or after 12 March 2008 and comprises:
  • an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. This includes, for example, transfers of freehold land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration
  • the grant of a lease for 7 years or more where the premium is less than £40,000 (for leases dated before 1 April 2016, the annual rent also had to be less than £1,000 not to require notification to HMRC)
  • the assignment or surrender of a lease where:
    • the lease was originally granted for a term of 7 years or more
    • the consideration for the assignment or surrender, other than any rent, is less than £40,000, and
  • the grant, assignment or surrender of a lease for a term of less than 7 years where the premium does not exceed the zero-rate threshold
• transactions that are exempt from SDLT or outside the scope of SDLT and do not require notification.

Under stamp duty arrangements, where a transfer for value is below the stamp duty threshold, the transfer and form L(A)451 are sent to HM Land Registry. This arrangement does not apply under SDLT. All land transactions liable to SDLT must be notified to HMRC unless they are one of the transactions described above and completed on and after 12 March 2008.

Advice on whether a particular transaction:

• requires to be notified to HMRC on a land transaction return certificate
• is exempt from SDLT (such as a legal charge)
• falls outside the scope of SDLT

can be obtained from the Stamp Taxes helpline on 0300 200 3510, open 08:30 to 17:00 Monday to Friday except public holidays.

HMRC’s Stamp Taxes website also offers assistance.

4.4.11.2 Land transactions for LTT

Land transactions for LTT fall into 3 categories:

• transactions requiring notification to the WRA and the completion of a land transaction return. The WRA will issue an LTT certificate as evidence that LTT has been accounted for on the transaction notified in the return. You must submit the certificate to HM Land Registry when registering the transaction
• transactions not requiring notification to the WRA where the transaction comprises:
  • an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. This includes, for example, transfers of freehold land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration
  • the grant of a lease for 7 years or more where:
    • the chargeable consideration other than rent is less than £40,000 and
    • the annual rent (or chargeable proportion of the annual rent) is less than £1,000
  • the assignment or surrender of a lease where:
    • the lease was originally granted for a term of 7 years or more, and
    • the chargeable consideration for the assignment or surrender, other than any rent, is less than £40,000
  • the grant, assignment or surrender of a lease for a term of less than 7 years where the chargeable consideration for the grant, assignment or surrender does not exceed the zero rate threshold
• transactions that are exempt from LTT or outside the scope of LTT and do not require notification

If a contract affecting land in Wales was entered into before 17 December 2014 but completion took place on or after 1 April 2018, SDLT evidence will be required, if applicable, provided it is not a transaction excluded by section 16(6) of the Wales Act 2014.

Advice on whether a particular transaction:

• requires to be notified to the WRA on a land transaction return certificate
• is exempt from LTT (such as a legal charge)
• falls outside the scope of LTT
• is affected by cross-border arrangements

can be obtained from the WRA customer service centre on 03000 254 000, open 10am to 3pm Monday to Friday except public holidays. The WRA’s website also offers assistance.

4.4.12 Form DI

You must use this form to reveal any disclosable overriding interests under rule 28 of the Land Registration Rules 2003 that are not apparent from the title deeds. This might include prescriptive rights and customary rights not recorded elsewhere. See Panel 12 – Disclosable overriding interests in Completion of the application form FR1.

4.4.13 Form EX1

In some situations, where a document will be referred to in the register you may wish to have prejudicial information removed from that document. Rule 136(1) of the Land Registration Rules 2003 provides for a request to be made by any person upon application.

If you wish to apply to the registrar to designate a document as an exempt information document, you must use form EX1 (rule 136(2)(a) of the Land Registration Rules 2003).

4.4.14 Form AP1

Separate applications are required in respect of registered and unregistered titles. Form AP1 is the application form for dealings with registered titles. Where the transfer, charge or assent to the estate owner includes registered as well as unregistered titles, you must complete form AP1 and form FR1 and pay a separate HM Land Registry fee in respect of each.

Form AP1 may also be needed where there has been a dealing with the land prior to first registration. See Dealings with land before first registration is completed.

4.5 HM Land Registry fees

See HM Land Registry: Registration Services fees for the fees payable.

There are further details of the fee payable for applications to register large holdings of land in practice guide 33: large scale applications and calculation of fees.

You must show the amount of the fee in panel 5 of Form FR1 and, unless you have a prior authorised agreement with HM Land Registry to pay by direct debit, enclose a cheque for that amount, payable to ‘HM Land Registry’, with the application.

You should be aware that we change our fees from time to time to ensure that our costs are covered and that customers get the benefit of improvements in productivity. This results in a new Fee Order.

An updated ready reference guide is issued each time there is a new Fee Order. This guide contains enough information to enable you to calculate the fee payable in straightforward cases. You may also obtain details of the fee payable in particular cases from any HM Land Registry office. You should address any more complex queries in writing, explaining the full background to the transaction, to any HM Land Registry office.

4.6 Submitting your application

All paper applications should be sent to our standard address.

The title should be prepared for first registration as if you were preparing it for examination by a purchaser. You should give full information on any points that a well-advised purchaser would raise requisitions about. The possibility that HM Land Registry may already know the title or part of it should be disregarded.

HM Land Registry now scans the majority of first registration applications to enable them to be processed electronically. The original deeds and documents lodged will be scanned on receipt of the application and returned to you to await completion of the registration.

There may be occasional circumstances when we may have to ask you to send the original deeds and documents back to us for quality assurance purposes. We might also need to send a request for information (requisition). You should therefore retain the returned documents until we notify you that that the application has been completed.

When your application is completed, subject to any requests for information (requisitions), the official copy of the title plan and register will be issued electronically through the portal whenever possible. There may be exceptional circumstances when we may need to send these by post.

Not every first registration application lodged with original deeds and documents will be suitable for scanning (for example where documents are fragile or over a certain size). In these circumstances we will hold all documentation for the duration of the registration process. These will be returned to you on completion, together with the official copy of the title plan and register, by post.

4.7 Time limit

When first registration is compulsory (see Compulsory applications for first registration), you must apply for it within 2 months of the date of completion of the transaction concerned (section 6(4) of the Land Registration Act 2002).

If you do not do so, the transaction becomes void as regards the transfer, grant or creation of a legal estate under section 7(1) of the Land Registration Act 2002. That means:

• if the transaction was a transfer, conveyance or assent, the legal estate reverts to the transferor, who will hold it on a bare trust for the transferee
• if the transaction was an appointment of a new trustee falling within section 4(1)(aa) of the Land Registration Act 2002, the legal estate reverts to the person in whom it was vested immediately before the transfer (see section 7(2)(aa) of the Land Registration Act 2002)
• if the transaction was a lease or mortgage, it takes effect as if it were a contract for valuable consideration to grant the lease or mortgage concerned (see section 7(2) of the Land Registration Act 2002)

However, the registrar can make an order extending the 2-month period, if satisfied on the application of any interested person that there is good reason for doing so under section 6(5) of the Land Registration Act 2002. If that occurs, the transferee, lessee or mortgagee recovers their legal estate, and is treated as having retained it all along (section 7(3) of the Land Registration Act 2002).

Any compulsory first registration application submitted after the 2-month period has expired should therefore be accompanied by a request for an order under section 6(5) of the Land Registration Act 2002, and an explanation of the reason for the delay.