Guidance

Direction 3: Documents to be delivered with a first registration application (effective 1 January 2021)

Updated 5 February 2024

Applies to England and Wales

Direction given under section 100(4) of the Land Registration Act 2002 and rule 24 of the Land Registration Rules 2003

On behalf of the Chief Land Registrar I direct, under section 100(4) of the Land Registration Act 2002 and rule 24(1) of the Land Registration Rules 2003, as follow:

Interpretation

1.In this direction:

“Act” means the Land Registration Act 2002, and any reference to a numbered section means a section in that Act of the same number.

“Conveyancer” has the same meaning as in rule 217A of the Rules.

“Rules” means the Land Registration Rules 2003, and any reference to a numbered rule or Part means a rule or Part in those Rules of the same number.

Scope of direction

2.This direction relates to an application to the registrar for first registration pursuant to sections 3 or 4 of the Act and Part 4 of the Rules made by a Conveyancer, other than the applications referred to in paragraphs 3, 4 and 5.

3.This direction does not apply to first registration applications where:

a. Title documents are unavailable, or

b. Title is claimed by reason of adverse possession of unregistered land.

These applications may be made in accordance with the direction of 22 November 2016 - Document to be delivered with a first registration application - Lost deeds and adverse possession.

4.This direction does not apply to large scale voluntary applications for first registration, which must be made in accordance with the direction of 7 February 2018 - Large Scale Voluntary Applications for First Registration.

5.This direction does not apply to applications to the registrar for first registration made by non-Conveyancers, who must continue to submit original deeds and documents with first registration applications.

6.This direction relates only to applications by post, document exchange and personal delivery. First registration applications may not be made through HM Land Registry’s electronic Document Registration Service.

7.This direction has effect on and after 1 January 2021 and replaces the Direction of 6 April 2018 (Documents to be delivered with a first registration application).

Direction

8.Pursuant to the provisions of rule 24(1) of the Rules, I direct that an application of the type mentioned in paragraph 2 may be accompanied by certified copies of all the deeds and documents required by rule 24 to be submitted with the application, subject to the conditions set out in paragraphs 10 to 20 inclusive of this direction.

9.The provision for first registration applications is not mandatory. Applicants may make first registration applications with original deeds and documents if they prefer to do so.

Conditions

10.An original form FR1 and form DL must accompany the application.

Certification

11.Each copy of any deed or document that accompanies the application must bear the appropriate certification from the three listed below, signed by a Conveyancer and dated no more than three months before the application is made for the purposes rule 15 of the Rules:

a. I/We certify this is a true copy of the original document

b. I/We certify this is a true copy of a document which is certified by a Conveyancer to be a true copy of the original

c. This is a true copy of an uncertified copy deed or document that is in the control of the applicant.

The Conveyancer who signs the certificate must add their name, address and the date.

12.In addition, a separate certificate in covering letter in the form below, signed and dated by an individual Conveyancer and including their roll, licence, authorisation or membership number as allocated by their approved regulator or licensing authority, and referring to the property to which the certificate relates, must accompany the application:

I certify on behalf of my organisation that this application is accompanied by certified copies of all deeds and documents relating to the title that are in the control of the applicant (as listed in the Form DL). My organisation will comply with any HM Land Registry request to lodge the originals of such deeds and documents until such time as HM Land Registry notifies us that the application is completed.

Signed…………………………….

(signature of individual Conveyancer)

Print name………………………………..

of

(name and address of organisation)

……………………………………………….

……………………………………………….

Roll, licence, authorisation or membership number of individual conveyancer

(issued by their regulator)

……………………………………………….

Name of Regulator……………………………………….

Date……………………………………………

13.If the certificate set out in paragraph 12 does not accompany the application, the application will be considered to be substantially defective, and may be rejected or cancelled pursuant to rule 16(3).

Other conditions

14.All copy deeds and documents accompanying the first registration application pursuant to this direction must be as clear and legible as the originals.

15.Any plans accompanying the application, including plans contained within deeds or documents, must be full sized colour copies and must not be reduced in scale or size when copying.

16.After an application has been received but has not been completed, the registrar may request any or all original deeds and documents:

a. under rule 16 or 17, or

b. from time to time at his discretion for quality assurance purposes or to fulfil his responsibilities in maintaining the integrity of the register.

17.If the registrar has requested any original deeds or documents pursuant to paragraph 16(b), he may cancel the application if the applicant does not comply within the time limit stated in the request.

18.If an application is cancelled pursuant to paragraph 17, any renewed application cannot be made pursuant to this Direction and must be submitted with the original deed(s) or document(s).

19.The registrar may destroy the certified copies of the deeds and other documents accompanying an application made pursuant to this Direction.

Mike Harlow
Deputy Chief Executive and Deputy Chief Land Registrar
1 January 2021