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Practice guide 67: evidence of identity

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Practice guide 67: evidence of identity

3. Definitions

3. Definitions

3.1 Conveyancer

When we refer to a ‘conveyancer’ we mean an authorised person within the meaning of section 18 of the Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (rule 217A of the Land Registration Rules 2003). Please note that to come within the definition of conveyancer in rule 217A of the Land Registration Rules 2003 an individual must be authorised under the Legal Services Act 2007 to provide conveyancing services; in effect they must have a practising certificate.

We will accept verification of identity in forms ID1 and ID2 by a Scottish solicitor.

A paralegal is not a conveyancer. A paralegal is someone who assists legal firms – they may sign application forms on behalf of a conveyancing firm that is an authorised person if they are authorised to do so by that firm. They cannot, however, verify identity.

Not all Chartered Legal Executives are conveyancers, only those who have been authorised by CILEx Regulation to undertake reserved instrument activities. We have agreed with the Chartered Institute of Legal Executives (CILEx) and CILEx Regulation, however, that all Chartered Legal Executives can verify identity even though some may not be conveyancers.

While all Chartered Legal Executives may verify identity, only CILEX Conveyancing Practitioners can provide certificates to comply with Form LL restrictions. Please note that it is not sufficient for the person giving the certificate to describe themselves simply as CILEX Practitioner; this must always be CILEX Conveyancing Practitioner.

We have agreed with the Council for Licensed Conveyancers (CLC), that CLC-regulated licensed probate practitioners can verify identity even though they may not be conveyancers or solicitors.

3.2 Non-conveyancer

Our current practice allows a non-conveyancer to verify identity in form ID3 (see also Verification by non-conveyancer). For this purpose, a non-conveyancer is an individual from one of the following professions only.

  • Medical doctor
  • Dentist
  • Chartered or certified accountant
  • Regulated financial adviser
  • Member of Parliament
  • Member of the Senedd

We will keep this list under review and may add or remove certain professions if it is considered appropriate to do so.

See Evidence as to identity in form ID3 for further information on professions that have been removed.

3.3 Confirmation of identity

Where the application is sent to HM Land Registry by a conveyancer, confirmation of identity involves the conveyancer providing details of a conveyancer (sometimes themselves) who represented the person in respect of which confirmation of identity is required.

In any case where that person was not represented by a conveyancer, the conveyancer sending the application must:

  • confirm that they are satisfied that sufficient steps have been taken to verify the identity of that person, or

  • enclose ‘evidence of identity’ in respect of that person, or

  • state the exemption from supplying identity evidence being claimed under Exceptions and enclose any evidence required

3.4 Evidence of identity

‘Evidence of identity’ (in the title to this guide and as used up to and including section 1, evidence of identity refers to both confirmation of identity and rule 17 identity evidence) is defined as evidence provided in accordance with any current direction made by the Chief Land Registrar under section 100(4) of the Land Registration Act 2002 for the purpose of confirming a person’s identity.

The current direction provides for either forms ID1 and ID2 where verification is by a conveyancer or forms ID3 where verification is by a non-conveyancer to be uploaded with the relevant application, unless an exception applies, see When confirmation of identity or rule 17 identity evidence is required. Additionally, form ID5 must be completed where a conveyancer has verified a person’s identity by way of an online video call.

For the purpose of this practice guide, when referring to the forms prepared and published under section 100(4), (forms ID1, ID2, ID3 and ID5) we will use ‘ID form(s)’.

3.5 Rule 17 identity evidence

Rule 17 of the Land Registration Rules 2003 allows us to ask for more documents or evidence to help us complete an application. We may cancel an application if you do not provide what we need. In this guide we use the term ‘rule 17 identity evidence’ to refer to the extra documents or evidence we may ask for.

We set out in this guide and elsewhere some instances where we are likely to ask for confirmation of identity or rule 17 identity evidence. However, we may require you to provide rule 17 identity evidence in other cases, sometimes even where a conveyancer has already confirmed they are satisfied that sufficient steps have been taken to verify someone’s identity.

You may find it difficult in practice to obtain identity evidence from a seller or other disponor after a disposition has completed. This may be the case even where the disponor has warranted they will do all they reasonably can to pass title to the disponee (as will usually be the case where a full or limited title guarantee has been given). We will not therefore ask you for additional evidence unless we are satisfied this is necessary or desirable.

In many cases we ask for rule 17 identity evidence because of the circumstances of an application rather than because of specific intelligence we have received. We often will not explain the exact basis for our concern. This helps protect our procedures from fraudsters. We do understand this may be frustrating and will prevent you from providing a full explanation to your client.

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