Practice guide 67: evidence of identity

4. When confirmation of identity or rule 17 identity evidence is required

4. When confirmation of identity or rule 17 identity evidence is required

Confirmation of identity or rule 17 identity evidence is required where indicated in the following table. Exceptions A to E referred to in the table are described immediately after the note to the table.

Where you or another conveyancer have represented a person then the exceptions do not apply and you must, where confirmation of identity applies, provide details of the conveyancer’s name, address and reference, or, where rule 17 identity evidence is required, provide the equivalent information.

Application	Person in respect of whom confirmation of identity evidence or rule 17 identity evidence is required	Possible exceptions
1. Transfer of (i) a registered estate or (ii) a registered charge – application to register the transferee as proprietor. (Covers transfers whether or not for value, including those relating to the appointment or retirement of trustees and transfers under a power of sale. See also 2. Covers also assents by personal representatives)	- Transferor and transferee - An attorney of either	- Exception A - Exception B - Exception C - Exception D - Exception E
2. Surrender of a registered lease – application to close registered leasehold title. Note: The surrender will be an express transfer or a transfer by operation of law and so within 1 above.	- Landlord and tenant - An attorney of either	- Exception A - Exception B - Exception C - Exception D
3. Lease (whether or not for value) of a registered estate – application to register the lease.	- Landlord and tenant - An attorney of either Note: Confirmation of identity or rule 17 identity evidence is not required if a lease is merely being noted, or the application is merely to note easements in a non-registrable lease. electronic discharge	- Exception A - Exception B - Exception C - Exception D - Exception E
4. First registration of freehold or leasehold land – application based on compulsory first registration and triggering event is on or after 10 November 2008.	- Transferor and transferee or landlord and tenant - An attorney of either	- Exception A - Exception B - Exception C - Exception D - Where one of the three lost or destroyed title documents exceptions set out at 7 applies
5. Legal charge – application to register a legal charge1of a registered estate or registered charge (a sub-charge of it) or on first registration of the land.	- Borrower4 and lender - An attorney of either Note: Confirmation of identity or rule 17 identity evidence is not required if a charge is merely being noted.	- Exception A - Exception B - Exception C - Exception D - Exception F
6. Discharge or release of a registered charge in paper form (form DS1 or DS3) – application to give effect to2	- Lender Note: For paper forms DS1 or DS3 used to discharge a registered charge, or for a deed of substituted security, evidence of identity is required for the lender, but not for the attorney of the lender or other agent.	- Exception A - Exception B - Exception C - Exception D
7. Voluntary application for first registration where the title documents have been lost or destroyed.	- Applicant for first registration as proprietor of the land - Any attorney of the applicant	- Exception B - Exception C - Exception D - The title documents were lost or destroyed while in the custody of the conveyancer sending the application. - The title documents were lost while in the custody of a major mortgage lender who is applying for registration because the title documents were being held as security for the lender’s mortgage3. - The conveyancer sending the application acts for a local authority, government department or nationally well known body which is applying for registration because title documents relating to their land, or to land on which they hold a mortgage, were lost while in their custody.
8. Application to alter the register following an individual’s change of name by deed poll, statutory declaration or statement of truth.	- The person who has changed their name (in their new name)	- Where the application is combined with any other application. But if the application is one within 1 to 7 above, then evidence of change of name may be required as part of the requirements for those applications.

¹ This table sets out the requirements where a conveyancer lodges the application with HM Land Registry. There is another exception to 5 but it applies where the Legal Aid Agency makes the application in its own name to register a legal charge.

² This table sets out the requirements where a conveyancer lodges the application with HM Land Registry. There are 2 other exceptions to 6 but they apply where:

• the lender:
  • is the applicant and makes the application in its own name, as appropriate, and
  • is a bank incorporated, or building society formed, in the United Kingdom
• the Legal Aid Agency is the applicant and makes the application in its own name:
  • to discharge a registered charge
  • to release a registered charge

³An applicant is entitled to assume that a lender is a ‘major mortgage lender’ if the lender is a member of UK Finance or the Building Societies Association.

Note: In respect of any other application the registrar may in a particular case require evidence as to identity, under rule 17 of the Land Registration Rules 2003. We may also extend the requirement to other types of applications at short notice.

⁴Evidence of identity is not required for borrowers or guarantors who are not, or are not becoming, a registered proprietor.

4.1 Exceptions

In all cases below applicants must still account for the excepted party. This can be done by selecting the option in our digital services which confirms identity evidence is not required and uploading the relevant evidence according to  the exception, as outlined below.

On first registration applications, the excepted party should still be included in panel 15(1) of the form FR1.

The exemptions relate to the additional evidence normally required when a party is not represented by a conveyancer.

A. The low-value exception

An ID form in respect of an unrepresented party is not required where the true value of the land which is the subject of the disposal, discharge or release is £6,000 or less. In these cases, the conveyancer must instead upload a certificate confirming the value of the land by someone qualified to give property valuations; such as an estate agent, a surveyor, a land and property valuer or auctioneer who holds a qualification from the Royal Institution of Chartered Surveyors or some other person who is similarly qualified.

You may still supply evidence of identity if you prefer and HM Land Registry reserves the right to require evidence of identity in form ID1 or form ID2, in any particular case.

B. The insolvency official, etc, exception

Forms ID1 and ID3 are not required in respect of someone who is acting in one of the following capacities:

• as a trustee in bankruptcy, liquidator, supervisor, administrator or administrative receiver appointed under the Insolvency Act 1986
• as a receiver under the Law of Property Act 1925
• as a deputy appointed under the Mental Capacity Act 2005
• as a guardian appointed under the Guardianship (Missing Persons) Act 2017

Please note that evidence of their appointment must still be uploaded with any application and evidence of identity will be required for the person/company on whose behalf they act.

C. The not practicable exception

Situations may arise where it is not practicable to provide an ID form, such as where the parties exchanged contracts before 10 November 2008 (the day on which the requirement for confirmation of identity was introduced) without providing for these forms, or where a tenant has ‘walked away’ from their lease and application is now being made to close the leasehold title following its surrender by operation of law. In these or other situations the conveyancer who is lodging the application should upload a covering letter with the application explaining why they are not able to provide an ID form.

It may also not be possible to provide form ID1 or ID3 for a person who lacks capacity. However, where that person has made either a lasting power of attorney (or an enduring power of attorney that has not been registered with the Office of the Public Guardian) but it appears the person lacks capacity, HM Land Registry would require proof that the donor lacks capacity, such as a letter or report from a medical doctor. (Where the person has made an enduring power of attorney that has been registered with the Office of the Public Guardian, such medical evidence will not be necessary.) In all cases, identity evidence for the attorney would still be required.

Similarly, where a person is missing, we will not require evidence of their identity where an application is made relating to their property by a guardian appointed pursuant to the Guardianship (Missing Persons) Act 2017.

HM Land Registry does not consider ‘inconvenience’ sufficient reason for not providing an ID form. For example, the fact that a person is resident overseas is in itself not an acceptable reason. Please see Verification of identity of persons resident overseas for more information where a person is resident overseas.

Please also note that where contracts were exchanged on or after 10 November 2008 HM Land Registry would expect, where appropriate, provision to have been made for confirmation of identity or rule 17 identity evidence.

D. The HM Land Registry facility letter exception

HM Land Registry has issued facility letters in respect of the identity of a limited number of people who deal regularly with HM Land Registry. A copy of the facility letter may be uploaded with any application in place of an ID form in respect of such a person.

‘Facility letters’ are issued to private individuals and corporate bodies who regularly deal with low value (under £100,000) land transactions such as the sale of ground rents and souvenir land. The £100,000 limit relates to the value of the land involved in the transaction.

HM Land Registry is currently accepting applications for facility letters which will be valid for a period of 12 months. If a facility letter is to be renewed after the 12 months we will require a further form ID1 or form ID2 to be provided.

If approved, HM Land Registry’s Head Office will issue a facility letter to confirm the details of the arrangement. You should lodge a copy of the facility letter with applications for registration.

If you consider that your client may benefit from an arrangement, please contact the Commercial Arrangements Section at HM Land Registry’s Head Office for further advice as follows:

or

Or you can email CommercialArrangements@landregistry.gov.uk

E. The retained evidence of identity (following HM Land Registry approval of a draft transfer or lease of part) exception

HM Land Registry provides a service for the approval of draft forms of transfers and leases of part for specific developments. For information about this please see practice guide 41, supplement 3: developing estates: registration services – approval of draft transfers and leases. Rule 17 identity evidence for any attorney acting for the transferor or landlord does not have to be uploaded with each individual transfer or lease for registration where, as part of this service, that evidence has been lodged with the draft for approval and has been retained by HM Land Registry and a letter confirming this has been provided by HM Land Registry.

F. Legal charge up to £10,000 to a local authority in respect of a service charge loan

No identity evidence is required for any party, including the applicant, where an application is made to:

• register a legal charge to a local authority
• the value of the charge as stated in the application or on the charge deed or application form is up to £10,000
• the charge is in respect of a service charge loan and this is clearly stated within the application or the charge deed

A local authority may be required under the housing acts or other legislation to maintain and keep in repair the fabric of buildings, including those where a tenant has acquired a lease under the right to buy legislation. The authority is statutorily obliged to secure the cost of this work by way of a charge.