LAND REGISTRATION, ENGLAND AND WALES PART I Citation, commencement and interpretation 1 1 This Order, which supersedes the Land Registration Fees (No. 2) Order 1990 , may be cited as the Land Registration Fees Order 1991 and shall come into force on 1st November 1991. 2 In this Order unless the context otherwise requires: “account holder” means a person or firm holding a credit account; “the Act” means the Land Registration Act 1925; “charge” includes sub-charge; “credit account” means an account authorised by the Registrar under article 15(1); “Index Map section” means the document or documents comprising a single section of the Index Maps maintained by the Registrar under rule 8 of the principal rules, and the associated Parcels Index (if any) maintained by the Registrar under rule 274 of the principal rules; “licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act; “monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage); “the principal rules” means the Land Registration Rules 1925 ; “scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2; “Schedule” means a Schedule to this Order; “share in registered land” means a share in the proceeds of sale of registered land held on trust for sale. PART II SCALE AND FIXED FEES; ABATEMENTS AND EXEMPTIONS Scale fees 2 1 Subject to article 6, the fee for an application for first registration (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land comprised in the application determined in accordance with article 3. 2 Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved: Provided that— where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £35 in accordance with Scale B in Schedule 2; where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £35 shall be payable. 3 Subject to paragraph (5)(i) and to article 6, the fee for an application for the registration of: a a transfer of registered land or of a registered charge for monetary consideration; b a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land or in a registered charge; c a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid; shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration: Provided that— where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable under this paragraph in respect of each transfer; where a sale and sub-sale are effected by one instrument of transfer, the fee shall be assessed upon the monetary consideration given by the sub-purchaser in respect of that land. 4 The fee for an application in relation to registered land for the registration of: a an exchange (whether or not money is paid for equality); b a vesting order or declaration made under section 47 of the Act; shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge. 5 Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of: a a transfer of registered land otherwise than for monetary consideration; b a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land; c a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid; d a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise); e a transmission of registered land on death or bankruptcy; f an assent of registered land (including a vesting assent); g an appropriation of registered land; h a rectification of the register; i a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court; shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge: Provided that— in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge; where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it. 6 Subject to article 6 and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of: a a charge; b the transfer of a charge otherwise than for monetary consideration; c a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge; shall be paid in accordance with Scale A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5: Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing. 7 The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination. Valuation (first registration) 3 1 In the case of an application by a purchaser for the first registration of title to land made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken as the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased. 2 In the case of an application for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and as evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement. 3 Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2). Valuation (registered land) 4 1 Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage: a in the case of a surrender at a date immediately prior to the surrender; b in any other case at the date of the application. 2 As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement. Valuation (charges) 5 1 Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be: a in the case of a fixed charge, the amount secured by the charge; b in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited; c in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge. 2 Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 2(6) shall be payable on an amount calculated in accordance with the following formula: Value of registered land Value of whole security × Amount of the charge 3 The fee in accordance with Scale A in Schedule 1 for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of: a the amount secured or guaranteed; or b the value of the land after deducting the amount secured on the land by any prior registered charge. 4 The fee in accordance with Scale A in Schedule 1 for the registration of a charge (not falling within paragraph (3)) to secure an obligation or liability which is contingent upon the happening of a future event shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge: Provided that if the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge. 5 For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the chargor, or each of the several chargors if more than one, shall be treated as having effected a single charge the amount of which is equal to the lesser of: a the whole debt; or b the value of the registered land charged by the chargor after deducting therefrom the amount secured on it by any prior registered charge. Large scale applications 6 1 In this article: a “large scale application” means an application to which this article applies and which relates to not fewer than 20 units of land as defined in sub-paragraph (b); and b “unit of land” means: i where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application; ii where the land is registered, the land registered under a single title number. 2 This article applies to applications for: a first registration of title to land; b first registration of title to a lease; c registration of a transfer of registered land for monetary consideration; d registration of a transfer of a registered charge for monetary consideration; e registration of a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or a share in a registered charge; f registration of a charge. 3 The fee for a large scale application shall be: a £20 in respect of each unit of land to which the application relates; or b the amount payable in respect of the application under article 2; whichever is the greater. Fixed fees 7 1 Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule. 2 The fee for an application in Form 112A or Form 112B in Schedule 1 to the Land Registration (Open Register) Rules 1990 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £175. 3 The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article. 4 If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved. 5 Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable. Abatements and exemptions 8 1 The abatements set out in Part I of Schedule 4 shall apply in respect of the applications therein mentioned. 2 No fee shall be payable in respect of any of the applications and services specified in Part II of Schedule 4. PART III GENERAL AND ADMINISTRATIVE PROVISIONS Refund of fees 9 1 Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment. 2 Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account. 3 Subject to article 7(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs. Cost of advertisements and special enquiries 10 If in the course of dealing with any application, the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary. Fixed boundaries 11 Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved. Special expedition 12 Where application for special expedition in connection with an application is granted, such further fee, being not less than £35, shall be payable as the Registrar shall direct having regard to the special work involved. Applications not otherwise referred to 13 Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale A in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved. Method of payment 14 Subject to article 15: a every fee shall be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry; b where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application; c where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale A in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any. Credit accounts 15 1 Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct. 2 Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account. 3 Where a person or firm having a credit account makes a written application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person’s or that firm’s account. 4 A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally. 5 On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account forthwith. 6 Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct. 7 The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1). Mackay of Clashfern, C. Dated 24th July 1991 We concur Tony Favell Sydney Chapman Two of the Lords Commissioners of Her Majesty’s Treasury Dated 25th July 1991