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Practice guide 67: evidence of identity

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Practice guide 67: evidence of identity

6. How to provide rule 17 identity evidence

6. How to provide rule 17 identity evidence

6.1 Attorneys

Rule 17 identity evidence is usually required for any attorney mentioned in the table in When confirmation of identity or rule 17 identity evidence is required, except where one of the exceptions referred to in the table in section 4 applies.

You can do this in one of these ways:

  • by confirming that you are satisfied that sufficient steps have been taken to verify the attorney’s identity
  • by uploading form ID1 or form ID2 for the attorney (as to which see Completion of forms ID1 and ID)
  • by uploading form ID3 for the attorney (as to which see Verification by non-conveyancer)
  • by confirming one of the exceptions in Exceptions applies

The following wording is suggested for the certificate:

“I confirm that I am satisfied that sufficient steps have been taken to verify the identity of ………….., the attorney of ……………..”.

You could amend the certificate in the second part of panel 15 of form FR1. Although the Land Registration Rules 2003 do not provide for the amendment of the wording in prescribed forms, HM Land Registry will not reject or question any form FR1 amended in this way.

Please note that the donor of a power and their attorney are separate persons for the purpose of our identity requirements and confirmation of identity in respect of the donor and, usually, rule 17 identity evidence in respect of the attorney must be provided, except where this guide says it not required.

Evidence of identity (or the equivalent where rule 17 applies) will be required for either or both where they are not represented. Where a power of attorney has itself been made and executed by an attorney, you will need to provide rule 17 identity evidence for each attorney in the chain.

6.1.1 Why HM Land Registry requires rule 17 identity evidence for attorneys

Where an attorney is acting, HM Land Registry needs to be satisfied that they have sufficient powers to effect what they are purporting to do. We also need to be satisfied that the power under which they are acting is genuine and the attorney is who they claim to be. We consider this is both reasonable and necessary to prevent registration fraud.

HM Land Registry has always required evidence of the existence and scope of the power, and will accept either the power or a certificate in Form 1 to Schedule 3 to the Land Registration Rules 2003.

In addition to the above, we also require rule 17 identity evidence in respect of the attorney. It is not HM Land Registry which deals with a disponor or their attorney, it is the conveyancer acting for the applicant who does and is, therefore, better placed to satisfy themselves that they are dealing with the right person.

6.2 Voluntary applications for first registration where the title documents have been lost or destroyed

Rule 17 identity evidence in respect of the applicant for registration is required for all applications for voluntary first registration where the title documents have been lost or destroyed, except where one of the exceptions referred or set out at 7 in the table in When confirmation of identity or rule 17 identity evidence is required applies. This is so even where the applicant is represented and a conveyancer is lodging the application for registration.

As there will not have been a disposal triggering first registration, the wording in panel 15 of form FR1 may be changed to refer to the applicant, rather than, for example, the transferee.

For more information about applications for first registration where the documents have been lost or destroyed, see practice guide 2: first registration of title where deeds have been lost or destroyed.

6.3 Change of name

Rule 17 identity evidence is required where an application is being made to alter the register following a change of name by deed poll, statutory declaration or statement of truth and the application is not combined with other applications.

A standalone change of name application where the supporting evidence is a deed poll, statutory declaration or statement of truth must include either a certificate confirming that you are satisfied that sufficient steps have been taken to verify the person’s identity or evidence as to identity in form ID1 or form ID3.

The following wording is suggested for the certificate which must give the person’s current name:

“I confirm that I am satisfied that sufficient steps have been taken to verify the identity of ………….. and that they are the registered proprietor or the person named in entry number [X] in the register of title ……….”.

The certificate may be given in a covering letter and should be uploaded alongside the appropriate evidence of change of name.

As mentioned, if such a certificate cannot be given, then you should upload form ID1 of form ID3 completed in the new name as well as copies of official documentation to establish a link to the person named in the register. This might be a passport, driver’s licence or utility bill that shows the former name (as to which see Completion of form ID1 and form ID2 or Verification by non-conveyancer).

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