Explanatory note

(This note is not part of the Order)

The Order, which supersedes the Land Registration Fee Order 1986 (“the 1986 Order”), restructures the land registration fee scales and makes certain other changes.

Overall the new fee scales effect a reduction of fees but minimum scale fees and some fixed fees have been raised.

The changes include the following:

(1)

Scales 1 and 4 in Schedule 1 and 4 respectively to the 1986 Order are replaced by a single new scale, Scale A (article 2 and Schedule 1);

(2)

Scale 2 in Schedule 2 to the 1986 Order is renamed Scale B and comprises fewer value bands of increased width (article 2(2) and Schedule 2);

(3)

Scale 3 in Schedule 3 to the 1986 Order is abolished and most of the transactions which formerly fell within that scale are now brought within the new Scale A with the fee thereunder reduced to one fifth by a new abatement, subject to an overall minimum fee of £25 (article 2(5) and Schedule 4, Part I);

(4)

A new alternative fee of £5 for each separate area of land or registered title affected is introduced in respect of first registration applications and applications to register specified transactions for monetary consideration where such applications affect not less than 100 such separate areas of land or registered titles, as the case may be, if such fee exceeds the fee otherwise payable under Scales A and B (article 6);

(5)

A fee of £25 is prescribed for those substantive applications attracting a fixed fee and for an application for special expedition (articles 7(1) and 12, and Schedule 3, Part I);

(6)

Provision is made enabling the Registrar at his discretion to make refunds of overpaid fees due to credit account holders through their credit accounts (article 9(2));

(7)

Where the Registrar considers a search of the Index Map entails exceptional work he may now direct a fee to be paid (article 10(1));

(8)

Abatements 1 and 2 in Part I of Schedule 6 to the 1986 Order are replaced by a single new abatement which exempts from fee charges lodged with or before completion of specified applications, but only to the extent that the charges comprise land comprised in those applications (article 8(1) and Schedule 4, Part I).