Guidance

Direction 2: "Evidence of identity" for the purpose of confirming a person's identity, as referred to in Forms AP1, DS2 and FR1 (effective 5 February 2024)

Updated 5 February 2024

Applies to England and Wales

Direction given under section 100(4) of the Land Registration Act 2002

Interpretation

1.In this direction-

“Conveyancer” has the same meaning as in Rule 217A of the Land Registration Rules 2003, save that it also includes all Chartered Legal Executives, Licensed Probate Practitioners regulated by the Council for Licensed Conveyancers and Scottish Solicitors.

Direction

2.On behalf of the Chief Land Registrar, I direct, under section 100(4) of the Land Registration Act 2002, where evidence of identity is required by Forms AP1, DS2 or FR1 to be produced to the registrar, the evidence must, subject to the exceptions set out in paragraph 4, be in the relevant form referred to in the Schedule to this direction, completed in accordance with HM Land Registry Practice Guide 67 Evidence of identity (“Practice Guide 67”).

Condition

3.Where a conveyancer has verified a person’s identity by way of an online video call, form ID5, to which there is a hyperlink in Practice Guide 67, must be completed in accordance with Practice Guide 67 and must accompany form ID1 or form ID2.

Exceptions to the requirement to produce evidence of identity

4.(1) Where they apply, the exceptions referred to in paragraph 1 include those referred to in Section 4.1 of Practice Guide 67, namely:

a. Exception A - the low-value exception,

b. Exception B - the insolvency official, etc, exception,

c. Exception C - the not practicable exception,

d. Exception D - the HM Land Registry facility letter exception,

e. Exception E - the retained evidence of identity (following HM Land Registry approval of a draft transfer or lease of part) exception,

f. Exception F - the legal charge up to £10,000 to a local authority in respect of a service charge loan exception;

Note

Each of the above exceptions must be read with the relevant part of the table set out in Section 4 of Practice Guide 67,

(2) where the application is in Form DS2 or Form AP1 and the lender is discharging a registered charge in Form DS1, or the application is in Form AP1 and the lender is releasing a registered charge in Form DS3, and the lender:

a. is the applicant, who makes the application in its own name and has completed panel 6 of Form DS2 or panel 7 of Form AP1, as appropriate, and

b. is a bank incorporated, or a building society formed, in the United Kingdom;

(3) where the Legal Aid Agency is the applicant and makes the application in its own name:

a. in Form AP1 to complete by registration a legal charge, and has completed panel 7 of Form AP1,

b. in Form DS2 or in Form AP1 to discharge a registered charge in Form DS1, and has completed panel 6 of Form DS2 or panel 7 of Form AP1, as appropriate, or

c. in Form AP1 to release a registered charge in Form DS3 and has completed panel 7 of Form AP1.

5.This direction has effect on and after 5 February 2024, until replaced by another direction or until withdrawn.

6.This direction replaces the previous direction dated 21 November 2022.

Signed: Nicola Muir
Deputy Director, Central Legal Service
on behalf of the Chief Land Registrar
5 February 2024

Schedule

Form to which there is a hyperlink in Practice Guide 67	Specific requirement
ID1	For a private individual where identity is verified by a conveyancer
ID2	For a body corporate where identity is verified by a conveyancer
ID3	For a private individual where identity is verified other than by a conveyancer

Note

In respect of any other application the registrar may in any particular case require evidence as to identity, under rule 17 of the Land Registration Rules 2003. He may also extend the requirement to other types of applications at short notice. An example of where such evidence is required is set out in Practice Guide 2 First registration of title where deeds have been lost or destroyed.