Explanatory note
(This note is not part of the Order)
This Order, which, as from 3rd October 1994, supersedes the Land Registration Fees Order 1993 (“the 1993 Order”), restructures the land registration fee scales and makes certain other changes. Overall the new fee scales effect a reduction of fees.
The changes made by the Order include the following:
Scale A in Schedule 1 to the 1993 Order is renamed Scale 1.
Scale B in Schedule 2 to the 1993 Order (application for registration of a lease by the original grantee or personal representatives of the original grantee—scale fee on the rent reserved by the lease in addition to any fee payable in respect of any premium paid) is abolished. Instead, in relation to applications to register a lease made by the original grantee or personal representatives of the original grantee, provision is made for a single scale fee to be paid on an amount equal to the amount or value of any premium plus ten times the annual rent reserved by the lease (article 2(2) and Schedule 1).
A new scale of fees (Scale 2) is applied to applications which, under the 1993 Order, attracted a Scale 1 fee abated to one fifth (subject to a minimum of £40) (article 4 and Schedule 2).
A new scale of fees (Scale 3) is applied to applications to register a charge (other than a charge which is exempt from payment of a fee), or the transfer of a charge for monetary consideration (article 5 and Schedule 3).
The provision, whereby certain applications affecting 20 or more units of land attract a fee of £20 in respect of each unit of land comprised in the application if such fee exceeds the scale fee otherwise payable, is extended to applications to which the new Scale 2 would otherwise apply (article 6).
In relation to applications for first registration of land where the application comprises land having an area exceeding 100 hectares and where the Registrars considers that the cost of the work involved in dealing with the application would substantially exceed any fee otherwise payable under the Order, provision is made for an additional fee to be paid to reflect the excess cost of the work involved (article 6(1) and (3)).
Applications relating to 20 or more titles which would otherwise attract a fee of £20 a title but where the value of the land, or the amount of the charge, to which the application relates does not exceed £25,000 attract only the minimum scale fee (articles 6).
Provision is made allowing fees to be paid wholly or partly in cash, in addition to any other method by which fees may be paid, where the applicant attends in person at an office of H. M. Land Registry (article 17(2)).