Guidance

Direction 7: Pre-submission Enquiry Service and Application Management Service (effective 30 April 2021)

Updated 5 February 2024

Applies to England and Wales

Direction

The Chief Land Registrar directs under section 100(4) of the Land Registration Act 2002 that, for facilitating the conduct of the business of registration, a conveyancer acting for a client in a complex commercial transaction or infrastructure development may use either or both of the following HM Land Registry services, subject to the requirements, conditions and limitations set out in this Direction:

a. Pre-submission Enquiry Service

b. Application Management Service

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.

“Complex commercial transaction” includes, but is not limited to, the transactions listed in the Schedule to this Direction.

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

“HMLR” means His Majesty’s Land Registry.

“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.

“Transaction” includes more than one transaction where they have been accepted collectively for one of the services which are the subject of this Direction.

“Working day” has the same meaning as in rule 217 of the Rules.

Scope of direction

2.This direction relates to two services provided by the registrar known as the “Pre-submission Enquiry Service” and the “Application Management Service”.

3.Both services can be used only for complex commercial transactions or infrastructure development applications, including, but not limited to, those described in the Schedule.

4.This direction has effect on and after 30 April 2021 until further notice and replaces the direction made on 21 October 2019.

Pre-submission Enquiry Service

5.The Pre-submission Enquiry Service provides conveyancers with initial guidance from HMLR before a complex commercial transaction or an application relating to infrastructure development is submitted for registration.

6.HMLR’s specialist technicians will provide guidance in writing for technical or procedural queries that relate to a complex commercial transaction or infrastructure development, before the application for registration is submitted.

7.The service offered will be as set out in the service description on GOV.UK.

8.A conveyancer wishing to use this service must first either:

a. Complete and submit the HMLR Pre-submission Enquiry Service online form available on GOV.UK, or

b. download form PSS1, complete and submit it through the “Submit an enquiry” facility in the Application Management Service and Pre-submission Enquiry Service page on GOV.UK, or

c. download form PSS1, complete and submit it by post or DX, to our standard address as indicated by ‘Contact HM Land Registry’ on https://www.gov.uk/guidance/contact-hm-land-registry.

9.The registrar will consider whether the transaction meets one of the service criteria or is otherwise, in his opinion, a complex commercial transaction or infrastructure development. The registrar may, at his discretion, reject an application to use the Pre-submission Enquiry Service if he concludes it is not appropriate for the service.

10.The registrar’s decision that a transaction is suitable for the Pre-submission Enquiry Service is final and will be given to the applicant in writing in panel 5 of the PSS1 form or on a continuation sheet to that form, together with any general guidance as indicated in the service description on GOV.UK.

11.If the Pre-submission Enquiry Service is used for a transaction, the conveyancer must make an application for registration of that transaction in the usual way in accordance with the Act and Rules. No variations to the application process or special allowances will be made as a result of use of the service.

12.The conveyancer must include with the application a copy of the form PSS1 as accepted and completed by HMLR, together with any advice letter(s) received from HMLR as a result of the use of the service for that transaction.

13.The application for registration made as a result of using the Pre-submission Enquiry Service will be treated in the same way as any other application to HMLR, unless the application has also been accepted for the Application Management Service.

14.The Pre-submission Enquiry Service for a transaction ends when the application for registration is received by HMLR.

Application Management Service

15.The Application Management Service may be used for a complex commercial transaction or infrastructure development that requires close management by HMLR.

16.Conveyancers making an application for registration that has been approved for the Application Management Service will, at all reasonable times during office hours, have direct access to HMLR staff, who will manage the application through the course of its processing.

17.The service offered will be as set out in the service description on GOV.UK.

18.A conveyancer wishing to use this service must first, before making the application for registration, either:

a. Complete and submit the HMLR Application Management Service online form available on GOV.UK, or

b. download form AMS1, complete and submit it through the “Submit an enquiry” facility in the Application Management Service and Pre-submission Enquiry Service page on GOV.UK, or

c. download form AMS1, complete and submit it by post or DX, to our standard address as indicated by ‘Contact HM Land Registry’ on https://www.gov.uk/guidance/contact-hm-land-registry.

19.The registrar will consider whether the transaction meets one of the service criteria or is otherwise, in his opinion, a complex commercial transaction or infrastructure development. The registrar may, at his discretion, reject an application to use the Application Management Service if he concludes it is not appropriate for the service.

20.The registrar’s decision that a transaction is suitable for the Application Management Service is final and will be given to the applicant in writing, together with any general guidance as indicated in the service description on GOV.UK.

21.The conveyancer must include with the relevant application for registration a copy of the form AMS1 as accepted by HMLR, and any other letters issued by HMLR in connection with that application.

22.If a conveyancer previously used the Pre-submission Enquiry Service for the same transaction, the conveyancer must also include with the application for registration the form PSS1 as accepted and completed by HMLR, and any guidance letter(s) received from HMLR as a result of the use of that service for the transaction.

23.The Application Management Service may only be used for new applications, not for applications already made to HMLR, except at the registrar’s discretion.

24.If a transaction has been accepted by HMLR for the Application Management Service but is dependent on a prior pending application for registration which subsequently fails, or does not proceed, a new application to use the service must be submitted in form AMS1 when the transaction is ready to proceed, and before the application for registration is made.

Requirements and Conditions applying to both services

25.Only conveyancers may apply for and use the services.

26.An application to use the Pre-submission Enquiry Service or the Application Management Service will be considered on its own merits, not on the complexity of any other transaction and registration in which the conveyancer is or has previously been involved.

27.The Pre-submission Enquiry Service and the Application Management Service stand alone, and acceptance for one service does not guarantee acceptance for the other.

28.Acceptance by HMLR to use either of the services supersedes any previous arrangements with that conveyancer or their client in respect of the transaction(s) accepted for either of the services.

29.Acceptance by HMLR of a transaction for either or both services does not confer any priority on that transaction. The normal rules of priority will apply to the subsequent application for registration.

30.Acceptance by HMLR of a transaction into either service does not entitle an applicant for registration to request expedition of the application.

31.Users of either or both services cannot request intervention by, or special treatment from, HMLR if any requisitions are raised or notices served in relation to the subsequent relevant application for registration.

32.No fee is payable in respect of either service.

Service limitations

33.Guidance given by HMLR to users of either service is not legal advice or instruction on making applications. Using the services provides no guarantee that an application for registration will be successful when made, but is intended to give greater certainty when approaching or proceeding with a complex commercial transaction or infrastructure development.

34.HMLR will not provide legal advice or comment on a point of law.

35.HMLR will not be responsible for checking prior pending applications and prior searches with priority in respect of the relevant transaction. That remains the responsibility of the applicant or their conveyancer.

36.HMLR cannot guarantee that any guidance and information provided is complete, accurate or error free. The services are provided on a reasonable endeavours basis and HMLR will use reasonable skill and care in the provision of the services.

Availability of the services

37.HMLR will endeavour to respond to applications in form PSS1 and AMS1, and other correspondence received as part of the services, within five working days.

38.The services may be suspended or delayed or modified at any time:

a. in order to meet HMLR’s statutory obligations,

b. in order to protect the register,

c. in the event of a breakdown or other unavailability of HMLR systems,

but HMLR will use reasonable endeavours to keep any disruption of the services to a minimum.

Robin Malpas
Deputy Director for Central Legal Services
23 April 2021

The Schedule

A complex commercial transaction or infrastructure development includes (but is not limited to):

• a project or complex portfolio, such as large numbers of similar applications in relation to complex work or site acquisitions,

• one large transaction submitted as multiple applications requiring close management, such as a development site comprising multiple parcels of land from potentially different parties - the land may include mixed tenures, different classes of title, and be registered or unregistered,

• complex multiple applications that need to be processed in a specific order, such as chains of underleases, or multiple changes of ownership,

• multiple applications that have more than one conveyancer lodging parts of the transaction that requires close management,

• infrequent applications which require a high level of technical knowledge or experience, such as complex ad medium filum or complex general vesting declaration,

• complex amalgamation applications, such as multiple titles for a development site,

• applications with complex ownership and financing arrangements,

• applications with complex extents, such as commercial development divisions/complex floor level extents,

• agricultural land that involves project management of cases due to complexity of dealing with multiple landowners, such as complex lease transactions involving multiple landlords letting to the same tenant,

• infrastructure and strategic government programmes, such as High Speed 2 and Crossrail, or market towns and villages,

• strategic land acquisition for a project or programme.

HMLR does not generally regard the following as complex commercial transactions:

• general enquiries that can be dealt with by the HM Land Registry Customer Support Service,

• enquiries that can be answered by reviewing HM Land Registry practice guides,

• applications that are straightforward or technical work of a routine nature, which may include transfers, leases and mortgages of shops, commercial units, substations or standard deeds of grant,

• bulk dealing applications, such as based on a common deed, including bulk transfer or charge,

• developer plot sales,

• residential property transactions.