Paragraph 1 Applications for deeds (other than heritable securities) and voluntary registrationI1

Scotland

F1(1)

Where an application mentioned in sub-paragraph (2) is made, subject to sub-paragraphs (4) to (7), the fee is calculated on the—

(a)

amount of the consideration paid; or

(b)

value of the plot of land,

whichever is the greater.

(2)

This sub-paragraph applies to an application for registration of—

(a)

a disposition, a notice of title, a lease or an assignation of lease; or

(b)

an unregistered plot of land by virtue of section 27(1) of the Act.

(3)

Where an application mentioned in sub-paragraph (2) is made, subject to sub-paragraphs (8) to (11), the fee is at the rates shown in the Table of Fees in Part 3 of this Schedule—

(a)

for an application mentioned in sub-paragraph (2)(a)—

(i)

in column 2 of that Table; or

(ii)

where the application may be, and is, made using the F2digital registration system, in column 3 of that Table; or

(b)

for an application mentioned in sub-paragraph (2)(b), in column 4 of that Table.

(4)

Where the application is to register a plot of land excambed, the fee is calculated on the value of the land transferred.

(5)

Where the consideration consists of a yearly or periodical payment, the consideration is calculated at 10 years’ purchase.

(6)

Where the application is to register the grant of a lease, the fee is calculated on the consideration (if any) provided for that grant plus 10 times the relevant rent.

(7)

Where the application is made to register the assignation of a lease, the fee is calculated on the consideration (if any) provided for the assignation plus 10 times the relevant rent payable at the date of the application.

(8)

Where an application affects a number of title sheets, the fee is at the rates shown in the Table of Fees in Part 3 of this Schedule plus an additional fee of £60 for every title sheet affected other than the first.

(9)

The additional fee of £60 mentioned in F3sub-paragraph (8) does not apply to a—

(a)

shared plot title sheet designated under section 17(2) of the Act where the first title sheet affected is a sharing plot; or

(b)

shared lease title sheet designated under schedule 1, paragraph 2(a) of the Act where the first title sheet affected is a sharing lease.

F4(10)

Where the application is to register a disposition relating to a registered plot of land—

(a)

for the sole purpose of evacuating a survivorship destination; and

(b)

the name and designation of the proprietor in the proprietorship section remains the same,

the fee is £60 for each title sheet affected.

F5(11)

Where an application mentioned in sub-paragraph (2)(b) is made which is—

(a)

entered in the application record on the same date as an application to register a standard security; and

(b)

the standard security relates to the whole extent of that plot of land,

no fee is payable in respect of the application mentioned in sub-paragraph (2)(b).

Annotations

Textual amendments

F1: Sch. 1 para. 1(1)-(3) substituted (30.6.2015) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(2), 4(2)
F2: Words in sch. 1 para. 1(3)(a)(ii) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(4), reg. 1(2)
F3: Words in sch. 1 para. 1(9) substituted (30.6.2015) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(2), 4(3)
F4: Sch. 1 para. 1(10) inserted (30.6.2015) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(2), 4(4)
F5: Sch. 1 para. 1(11) inserted (1.4.2016) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(3), 4(5)

Commencement

I1: Sch. 1 para. 1 in force at 8.12.2014, see art. 1(2)