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Practice guide 1: first registrations

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Practice guide 1: first registrations

9. Applications lodged by conveyancers - acceptance of certified copy deeds

9. Applications lodged by conveyancers - acceptance of certified copy deeds

Please note that from 1 October 2024, the Direction of the Registrar referred to below has been withdrawn and conveyancers will no longer have the option of lodging first registration applications made up entirely of certified copy deeds and documents.

The below practice relates only to applications lodged with HM Land Registry before 1 October 2024.

Pursuant to a Direction of the Registrar under rule 24 of the Land Registration Rules 2003, we can accept applications for first registration consisting entirely of certified copy deeds only.

Note that, in accordance with the Direction, an original form FR1 and form DL must still accompany the application. You may submit either the original or a certified copy of the identity form (form ID1 or form ID2).

Where a conveyancer chooses to lodge certified copy deeds and documents only, each copy of any deed or document that accompanies the application must bear the appropriate certification from the 3 listed below, signed by the lodging conveyancer and dated no more than 3 months before the application is made for the purposes of rule 15 of the Land Registration Rules 2003. If you are lodging a copy of official evidence of marriage, death, or a grant of representation following death, you may use option A if you are certain that you have an original certificate issued by the registrar of births, marriages, and deaths, or option C if you are not certain that the certificate is an original. If the evidence has already been certified as a true copy by a conveyancer, option B would be applicable.

a. I/We certify this is a true copy of the original document.

b. I/We certify this is a true copy of a document which is certified by a conveyancer to be a true copy of the original.

c. This is a true copy of an uncertified copy deed or document that is in the control of the applicant.

In all instances, the conveyancer who certifies the copy deeds and documents:

  • can do so in their individual name or in the name of their firm

  • must add their firm’s name and full postal address preferably including postcode

  • must sign each deed manually and not by facsimile signature

In addition, a separate certificate, signed and dated by an individual conveyancer who is a member of the firm lodging the application, must accompany the application. This must include:

  • their roll number, authorisation or membership number as allocated by their approved regulator or licensing authority

  • reference to the property to which the certificate relates

Note that this separate certificate must always be in the name of the individual conveyancer.

If this certificate does not accompany the application, the application will be considered to be substantially defective, and may be rejected or cancelled pursuant to rule 16(3). This certificate cannot be lodged retrospectively, it must be lodged with the application to avoid rejection or raising a requisition for the original deeds.

Note that in the case of the additional separate certification, the individual person signing the certificate must be authorised to undertake reserved instrument activities under the Legal Services Act 2007. This would not, for example, include a legal executive unless they have Conveyancing Practice Rights granted by CILEx Regulation, and are working for a regulated body. If not, the legal executive must be working under the supervision of an authorised individual, who must sign the certificate. The certificate required by the registrar’s direction makes it quite clear that it must be signed by an individual conveyancer, not by anyone who works for an authorised body.

All copy deeds and documents accompanying the first registration application pursuant to this Direction must be as clear and legible as the originals, and must be complete copies including any memoranda. Any plans accompanying the application, including plans contained within deeds or documents, must be full sized colour copies and must not be reduced in scale or size from the original.

In accordance with the Direction, HM Land Registry may request that original deeds are lodged for quality assurance purposes. If they are not provided the application may be cancelled. Any renewed application must then be lodged with the original deeds requested.

All certified copy deeds and documents that are lodged with an application pursuant to this Direction will be destroyed following our scanning process and no copy documentation will be returned on completion of the application.

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