The Fees in the Registers of Scotland Order 1991

registration of an unregistered interest in land in pursuance of section 2(1) of the Act;

registration of the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or

registration of any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act,

where the interest in land to which the registration relates has been created, granted or transferred for a consideration, on the amount of the consideration or the value of that interest, whichever is the greater; or

in any other case, on the value of the interest in land to which the registration relates except that, where an application is made to register an interest or interests in land excambed, a fee will be charged on the value of the interest to which the application relates,

where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;

where a single application, not being an application to register a Transfer of Part of a registered interest in land, affects a number of Title Sheets, the fee to be charged shall be based on the amount of the consideration or the value of the interest in land created, granted or transferred, whichever is the greater, plus a fixed fee for every Title Sheet affected other than the first;

where an application is made to give effect to a survivorship destination only, a fixed fee will be charged.

where a conveyance for a consideration is recorded, on the amount of the consideration or the value of the heritable subjects transferred or passing, whichever is the greater; or

in any other case, on the value of the heritable subjects transferred or passing;

where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;

where an excambion is effected by more than one deed, a fee will be charged for each deed on the value of the subjects therein, and where an excambion is effected by one deed, the fee will be calculated on the total value of the subjects therein;

where a Notice of Title is recorded along with another deed feuing or leasing the whole of the same subjects a fixed fee will be charged on that Notice of Title.

where the transaction is first given effect to by a deed presented in the Register of Sasines, a fee based on the amount of the consideration, or the total value of the heritable interest created, granted or transferred, whichever is the greater, will be charged on the first deed so presented, plus a fixed fee for every related deed presented in the Register of Sasines and for every Title Sheet affected by a related application for registration in the Land Register; or

where the transaction is first given effect to by an application for registration in the Land Register, a fee based on the amount of the consideration, or the total value of the interest in land created, granted or transferred, whichever is the greater, will be charged in respect of the first application, plus a fixed fee for every other Title Sheet affected by that application and by every other related application, and for every related deed presented for recording in the Register of Sasines;

The main changes are as follows:–

revised bandings with appropriate fees have been introduced in relation to values exceeding £200,000 in both Table A and Table B fees. The value bands have also been extended to reflect the general increase in property prices with the top band now being £1,000,000 or over in place of the previous £250,000 or over. The maximum fees have been increased to £1,000 in place of the previous £550 for Table A and £500 in place of the previous £275 for Table B (Part XI); and

revised capitalisation arrangements for transactions with considerations including or consisting of periodical payments (Part I, 1 and Part II, 1);

a fee of £5 has been introduced for the new service provided of verbal and/or facsimile reports from the Land Register (Part I, 2);

the fees exigible in respect of multiple deeds arising from a single transaction have been regularised. Detailed provisions have been incorporated in Part III of the Order relating to both Sasine and Land Registration transactions;

fees of £3.50 and £1 respectively have been introduced for new services of colour copy plans and duplicate microfiches (Part X);

a fee of £25 has been specified for the postal enquiries service (Part X);

fees for a number of specific and rarely, if ever, used registration services have been dropped. In view of the difficulty in setting specified and realistic fees for such services, they will now be charged on the basis of the value of the work and materials involved. These relate to:–

• General Register of Hornings

• Register of Entails

• Precept Records

• Register of the Prince’s Seal; and

where a deed has to be both recorded in the Sasine Register and registered in the Land Register a fee will now be charged for both Registers;

fees for Form 10 and 12 Reports in the Land Register have been increased from £15 to £16.50 in each case. (Part I, 2); and

fees for Forms P16 and P17 Reports (applications for checking boundaries) have been increased from £15 to £16.50 in each case. (Part I, 3); and

fees for Form 11 and 13 Reports have been reduced from £15 to £10.00 (Part I, 2);

a fixed fee of £22 has been introduced in respect of Miscellaneous Services in the Land Register namely applications on Form 5 (previously £5), Form 8 (previously £20), Form 9 and for cancellation of an application for registration for which no charge was previously levied (Part I, 3);

the bands for Searching Fees have been simplified and fees increased by an average of 60% (Part II, 2);

the fee for provision of interim reports has been increased from £3 to £5 (Part II, 2);

the fee for writs recorded by Memorandum in the Register of Sasines has been increased from £2 to £11 (Part II, 1c);

a flat rate fee of £7 has been introduced for registration in the Register of Inhibitions and Adjudications in place of the previous fee based on the number of pages involved. This is to reflect the fact that most writs for this Register are of limited size (Part IV);

fees for registration in the Register of Deeds etc, Register of Protests and Register of Judgments have been increased to £5 from £3.70 in the case of registration of deeds and Certificates of Judgments and from £2.90 in the case of Protests of Bills or Promissory Notes. The fee of 75 pence per page takes account of the significant variation in the lengths of such deeds (Part V);

the fee for registration of Decree of Service of Heirs has been increased from £2.20 to £22 (Part VI);

the fee for a Charter of Incorporation has been increased from £133 to £170; the fee for a Charter of Novodamus or other Crown Grant of land has been increased from £21 to £22; the fee for a Commission under the Great Seal has been increased from £131 to £370 (Part VII);

the fee for each impression of the Cachet Seal has been increased from £0.75 to £6.00 (Part VIII);

the fee for each gift of Ultimus Haeres registered in the Register of the Quarter Seal has been increased from £16.80 to £22.00 (Part IX); and

the fees for certain inspection, copying and other services applicable to all Registers have been increased as follows:–

from £4.00 to £5.00 for the inspection of indexes and volumes (now in line with the other Inspection Fees);

from £0.65 to £1.00 for a copy black and white plan;

from £3.50 to £7.50 for a record transmitted to a court;

from £42 to £100 for attendance by one of the Keeper’s staff in court for each day or part of a day; and

from £2.60 to £4.00 for a Certificate issued under the Civil Jurisdiction and Judgments Act 1982 and for a Certificate of Custody(Part X).