Following correspondence received, section 4.1.C has been amended to require medical evidence of incapacity whichever option has been selected in panel 5 of the lasting power of attorney form.
The amendments we made to the guide on 4 May 2020 as a result of the coronavirus (COVID-19) outbreak have been further amended as a result of customer feedback. Some changes have also been made to the evidence of identity forms referred to in the guide, in particular to forms ID1, ID2 and ID5, in relation to verification by way of a video call.
Sections 1, 4.1, 8, 8.1, 8.5 and 10 have been amended because of the coronavirus (COVID-19) outbreak. Please see also our new temporary supplement: practice guide 67A: temporary changes to HM Land Registry’s evidence of identity requirements.
Section 4.1.D has been amended to remove obsolete information about facility letters.
Section 3.1 has been amended to make it clearer that while all Chartered Legal Executives may verify identity, only CILEx Conveyancing Practitioners or Chartered Legal Executive Conveyancing Practitioners can provide certificates to comply with Form LL restrictions.
Section 8.6 has been amended to clarify that a notary public needs to send us evidence of their authority to practise in the relevant jurisdiction.
The insolvency official, etc, exception and The not practicable exception in section 4.1 have been amended, respectively, to confirm that form ID1 is not required for a guardian appointed pursuant to the Guardianship (Missing Persons) Act 2017 or for the missing person. Evidence of the guardian’s appointment, however, must be lodged with any application involving a guardian.
Section 6.1 has been amended to make clearer our requirements and to mirror guidance in section 5.1.
Section 8 has been amended to remove information not relevant to evidence of identity. Section 9 has been amended to reflect changes in the way applications are submitted to HM Land Registry.
Section 3 has been amended to clarify that to come within the definition of conveyancer in rule 217A of the Land Registration Rules 2003, an individual must have a current practising certificate. Section 4 has been amended to confirm our existing practice that evidence of identity is not required for borrowers or guarantors who are not, or are not becoming, the registered proprietor. Section 4.1 has been expanded to include guidance for when a lasting or enduring power of attorney has been used.
Sections 5.1, 6.1 and 11 have been amended to clarify our requirements in relation to rule 17 identity evidence for attorneys.
Section 4 has been amended to clarify that evidence of identity is required for a lender but not for their attorney or agent for a paper discharge or a deed of substituted security.
Section 8.2 has been amended to clarify that HM Land Registry will contact conveyancers and other verifiers to check that an identity form completed in their name is genuine.
Section 4.1 has been amended to clarify when a ‘facility letter’ issued in relation to a person’s identity can be used.
A new section 7 has been inserted dealing with situations where an application to HM Land Registry is re-lodged or renewed by a different conveyancer to the one who lodged it originally. Section 8 has been amended to clarify that both sides of a photograph in form ID1 and form ID2 are required when copies are sent electronically.
Video about How to avoid Land Registry requisitions: Confirmation of identity added.
Section 6.3 has been amended to clarify that, where evidence of identity is supplied in respect of a change of name application, we also need to see evidence in the person’s former name.
Section 7.1 has been amended to clarify that the photograph being attached to an identity form must be in colour.
Link to the advice we offer added.
Sections 3.1 and 7 have been amended. CILEx Conveyancing Practitioners, Chartered Legal Executive Conveyancing Practitioners, Chartered Legal Executives and an officer of the UK armed forces serving overseas can now verify identity. Changes have also been made to forms ID1 and ID2.