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Issue 22                                   

               16 January 2025    

A slightly belated Happy New Year to all our readers and thank you once again for subscribing to Practice and Process. We're glad to say you're being joined by more and more new subscribers each month. Do you have a colleague who's missing out? They can sign up at any time. You and they can also catch up on previous issues in our online archive.

 

PG1

A two-lane tarmac road with white lines down the middle and greenery on either side.

Which practice guide has changed?
Practice guide 1: first registrations

When did it change?
23 December 2024

What has changed?
We have amended sections 4.3.4.3 and 5.1.

What does it mean for customers?

The guidance in section 4.3.4.3 on where a former leasehold title is enlarged to a freehold title has been amended to include a link to section 12 of practice guide 26: leases - determination.

 

The guidance in section 5.1 has been amended to include information about our normal treatment where an application for first registration appears to include highway land.

 

PG8

Two people sitting on opposite sides of a desk, with a sheet of paper between them and pens in their hands.

Which practice guide has changed?
Practice guide 8: execution of deeds

When did it change?
23 December 2024

What has changed?
We have added section 2.7.

What does it mean for customers?
Guidance has been added on the execution of deeds by partnerships and limited partnerships.


 

PG10

Text saying 'Our fees have changed' with 'fees' and 'changed' highlighted in green.

Which practice guide has changed?
Practice guide 10: index map: official search

When did it change?
9 December 2024

What has changed?
We have amended sections 5.3 and 5.4.2.

What does it mean for customers?
Guidance on HM Land Registry fees has been amended following the introduction of the Land Registration Fee Order 2024 which took effect from 9 December 2024.

 

Our guidance on GOV.UK gives further details of the changes to fees for HM Land Registry’s information services.

 

PG27

A conveyancer in shirt and tie working at a desk, with a document in one hand and a pen in the other.

Which practice guide has changed?
Practice guide 27: the leasehold reform legislation

When did it change?
9 December 2024

What has changed?
We have amended section 5.4.5.

What does it mean for customers?

The guidance has been amended to confirm we may cancel a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 where we receive an application to register a lease in conformity with that notice.


 

PG28

s1

A contemporary block of flats viewed from pavement level with two balconies on the left-hand side and a taller block on the right.

Which practice guide has changed?
Practice guide 28s1: extension of leases: checklist for submitting an application to register the surrender and regrant of a leasehold estate

When did it change?
9 December 2024

What has changed?
We have amended section 4.1.

What does it mean for customers?

The guidance has been amended to confirm that we may cancel a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 where we receive an application to register a lease in conformity with that notice.

 

PG73

A laptop user types on the keyboard while holding a pen above a smartphone, with an image superimposed of text with ticks of approval next to it.

Which practice guide has changed?
Practice guide 73: statements of truth

When did it change?
9 December 2024

What has changed?
We have amended section 3.

What does it mean for customers?

A minor amendment has been made to clarify that in some cases a simple electronic signature may be used to sign a statement of truth, as set out in practice guide 82: electronic signatures accepted by HM Land Registry.

 

PG74

A housing estate viewed from above, encircling a green and with trees and green fields on its fringes.

Which practice guide has changed?
Practice guide 74: searches of the index of proprietors' names

When did it change?
9 December 2024

What has changed?
We have amended section 4.

What does it mean for customers?

Guidance on HM Land Registry fees has been amended following the introduction of the Land Registration Fee Order 2024 which took effect from 9 December 2024.

 

Our guidance on GOV.UK gives further details of the changes to fees for HM Land Registry’s information services.

Process changes


Two arrows on a chalkboard, the top arrow pointing left and marked 'Old Way', and the bottom arrow pointing right and marked 'New Way'.

Expedite status improvements

Following customer feedback, we’ve added an ‘Expedite’ status to our application progress information displayed within the View Applications feature on HM Land Registry systems for our professional customers.


The enhancement means that customers can see, at a glance, applications where a request to expedite an application has been approved, improving the transparency of the application journey. 


The improvement went live this month.

 

Digital by default updates to our practice guides
  

Applications submitted to HM Land Registry are predominately digital by default. This means that our Digital Registration Service (DRS) or our Business Gateway application programming interface (API) are the first port of call to submit almost all application types.


With a view to further supporting customers who use these services, in the summer of 2024 we began updating our practice guides to reflect our digital approach, bringing them in line with how most applications (around 90%) are now made.


These changes do not alter the technical content of our guides. They serve to update current wording to better advise our customers how to make the correct application using our digital services, which in turn should lead to fewer requisitions.


For example, we are removing most references to the AP1 form and references to enclosing paper documents. Instead, we are introducing guidance on how to apply via our digital services, referring to the transaction type and the need to upload supporting evidence. We have worked with our customers and subject matter experts to ensure the wording is appropriate for all digital channels.


For example:


Previous
wording: An application for an agreed notice must be made in form AN1.


Updated wording: To apply, you should include an 'agreed notice' transaction in your application and upload form AN1.

    

We have updated a substantial number of our practices guides, including the 10 guides most commonly referred to by our customers, and aim to update them all by the end of March 2025.


In response to customer feedback, we will no longer issue notifications when we make updates that solely align the wording with our digital by default approach, and the practice guides in question will not appear in the list of guides that have changed.


We are aware that not all applications are suitable for our digital services, and we will continue to review our guides in line with enhancements to our digital services.

Head-and-shoulders photo of Adam Hookway.

Ask Adam

We have another diverse mix of questions to challenge Customer Policy Manager Adam Hookway this month. What aspect of land registration is puzzling you in 2025? Please do ask Adam.


Anonymous: I understand that Rural Payments Agency Rural Land Register plans are Crown Copyright. Can you confirm whether these plans can be used for either/both Search of the Index Map and First Registrations?

 

Adam: Our practice guide 40, supplement 2 offers guidance for preparing plans for HM Land Registry applications. Section 9.3 specifically covers the use of existing plans. Provided plans follow the guidelines in that supplement and the extent of the land and easements is clear and unambiguous, the application will be processed.

 

Anonymous: In the address given for the Land Registry it says "insert name of your closest office". What does that mean?


Adam
: Our 14 offices are listed in our address for applications guidance. Please select the office you judge to be your nearest.

 

Anonymous: Regarding the new Practice for First Registration Applications not being based on copies, how will this work if I have acquired part of an unregistered title as I will only get certified copies of the earlier documents plus the original of the Transfer/Conveyance to my clients. The originals owner will need to retain the original deeds so that they can prove title in the future.


Adam: We recognise that this is a situation where the applicant will not have the original deeds, and in this case the examined abstract or epitome which should have been provided to the purchaser on completion should be sent with the application.

Send us your questions for Adam
Terraced housing, viewed from above, with driveways in front and gardens behind,

Thrive in '25


Start the year as you mean to go on – join us at 10am on Thursday 23 January for our first, free application support workshop of 2025!

 

This 90-minute session, hosted by HM Land Registry, will help you streamline your applications and save you valuable time and money.

 

Spaces are limited; register now to secure your place!

 

Can’t make it? Don’t worry—there will be plenty of support ready for you later in the year.

 

In the meantime, why not check out our training hub where you will find on-demand webinars, videos and more?

Register now

Not suitable for use as a dwelling (uninhabitable dwellings)


HM Revenue & Customs (HMRC) has seen a spike in stamp duty land tax (SDLT) repayment requests where it’s claimed a property is not suitable for use (NSFU) as a dwelling so the lower, non-residential rates of SDLT apply. HMRC found over 95% of NSFU claims are incorrect and fell well below the required threshold.

 

Please advise your clients to be wary of anyone offering their services to make any claim to reduce their SDLT charge (either pre or post transaction) because the property is uninhabitable or in need of repair. HMRC is taking action against dishonest tax agents who encourage or facilitate customers making false claims for expenses, rebates, or tax credits. HMRC has a range of civil and criminal powers to use to disrupt or investigate, with a view to prosecution, those that cause harm to the tax system. If your clients allow someone to make an inaccurate claim on their behalf, they risk having to repay all of the tax claimed, including any fees that may have been deducted, plus interest and penalties.

 

Please ensure your clients are aware that whether a property has deteriorated or been damaged to the extent that it no longer comprises a dwelling is a question of fact and will only apply to a small minority of buildings.

 

When considering whether or not a property is suitable for use as a dwelling, you should note that:

  • being suitable for use as a dwelling does not mean the same thing as ready for immediate occupation;
  • if a property has previously been used as a dwelling, this will be relevant for considering whether it is suitable for use as a dwelling; and
  • there is a clear distinction between a derelict property that has structural defects that would make the property dangerous to work on and/or live in and a dwelling that is in need of modernisation, renovation or repair but has no such structural defects.

Find out more about NSFU on HMRC’s YouTube channel: Stamp Duty Land Tax: when is a property not suitable for use as a dwelling?


Further reading:
Not suitable for use as a dwelling (uninhabitable dwellings) on GOV.UK.

 

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