Explanatory note

These Rules perform a similar function to the Local Land Charges Rules 1977 (S.I. 1977/985) made under the Local Land Charges Act 1975 (1975 c. 76) (the Act). The Act was amended by the Infrastructure Act 2015 (2015 c. 7) (the 2015 Act) to provide for the transfer of responsibility for local land charges from individual local authorities in England and Wales to the Chief Land Registrar (the registrar). These Rules are made under the Act as amended by the 2015 Act, and rule 16 revokes the Local Land Charges Rules 1977 (except for the provision made in those rules for fees in relation to Wales, the power to make rules prescribing fees having been devolved).

Where the Rules make provision about applications, other than applications in respect of light obstruction notices, they require that the applications be made using an electronic means of communication and in accordance with a determination by the registrar under rule 13. Rule 13 provides that the registrar may determine: the particular electronic means of communication which may or must be used, the circumstances in which a particular electronic means may or must be used, the form of anything sent by electronic means, and additional information that must be supplied.

Rule 1 provides for the Rules to come into force on 6th April 2018, but the Rules (including rule 16, which revokes the Local Land Charges Rules 1977) only have effect in relation to the area of a local authority on and after the date specified in written notice given by the registrar to the relevant local authority.

Rule 3 makes provision about applications for registration of charges other than light obstruction notices. The applications must contain a description of the charge and the other information required for the registrar to register the notice in accordance with rule 5. Rule 4 makes provision about applications for registration of light obstruction notices. These applications can be made using an electronic means of communication, or by sending a prescribed form (Form A, in Schedule 2) to an address specified by the registrar: rule 14 makes provision for the specification of this address.

Rule 5 deals with how a charge is to be registered: it requires that prescribed particulars of registration (set out in Schedule 1) are entered in the register and that the registration identifies the situation and extent of the land affected by the charge.

Rule 6 makes provision about variation and cancellation of registrations other than in respect of light obstruction notices. In particular, it identifies when applications for variation or cancellation must be made. It also provides for the registrar to vary or cancel a registration of his or her own motion.

Rule 7 makes similar provision in respect of light obstruction notices. It provides for applications for variation or cancellation to be made using an electronic means of communication, or by sending a prescribed form (Form B, in Schedule 2) to an address specified by the registrar: rule 14 makes provision for the specification of this address. Rule 7 also makes provision for other circumstances when the registrar may or must vary or cancel the registration of a light obstruction notice.

Rule 8 is about local authorities' general charges under section 6 of the Act. It requires that the notification to the registrar that a specific charge has come into existence be made using an electronic means of communication that accords with a determination by the registrar. It also prescribes fifteen months after the specific charge has come into existence as the period in which the registration of a general charge must be cancelled.

Rules 9 and 10 make provision for personal and official searches. Both require that the land in respect of which the search is to be made be identified and limit the extent of the land that may be the subject of a single search. Rule 10 also makes provision for the contents and form of the official search certificate.

Rule 11 provides that the registrar may destroy paper documents if he or she has kept a sufficient copy or if further retention is unnecessary. Rule 12 makes provision for the issuing of electronic copies of certain documents on application.

A regulatory impact assessment is not required for these Rules because they are out of scope of the better regulations framework.