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To reduce the risk of registration fraud, HM Land Registry relies on the steps that conveyancers take, where appropriate, to verify the identity of their clients.
In certain circumstances HM Land Registry requires an application to include confirmation of identity or rule 17 identity evidence. This helps us to decide what checks, if any, we may need to take before completing a registration.
This guide explains when confirmation of identity or rule 17 identity evidence is required and how it should be given.
The information in this guide relates only to the evidence of identity that must be given to HM Land Registry. It does not deal with identity checks required by regulatory or representative bodies, or required by law, such as under the money laundering legislation.
If, when lodging an application, you dishonestly provide information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both.
Our requirements are not intended to impose any new liabilities on conveyancers. HM Land Registry has a statutory right of recourse to recover amounts paid for indemnity under paragraph 10 of Schedule 8 to the Land Registration Act 2002 but this right is not used automatically or routinely. The right of recourse will not be used where a conveyancer has been neither fraudulent nor negligent.
Please note that your application will, depending on the circumstances, be rejected or cancelled if identity evidence is not provided when this is required.
2. Confirmation of identity or rule 17 identity
HM Land Registry require this to prevent registration fraud.
Land and buildings are usually the most valuable assets people own. They can be sold and mortgaged to raise money and can therefore be attractive targets for fraudsters. HM Land Registry and others involved in property-related transactions have procedures in place to safeguard against fraud and the requirement for confirmation of identity for certain types of transactions and applications help us to do this.
In most instances of fraud it is the purported disponor, rather than the applicant, who acts fraudulently. To tackle fraud effectively, we consider that it is essential that the identity of the disponor (and certain others) be verified before transactions take place and, therefore, that conveyancers lodging applications for registration should provide evidence of this.
So, as a conveyancer, in respect to most transactions you may be affected by our identity requirements in two ways.
- as the conveyancer sending an application to HM Land Registry on behalf of a client
- as a conveyancer providing evidence of identity for an unrepresented person involved in a transaction, using form ID1 or form ID2.
When we refer to a ‘conveyancer’ we mean an authorised person within the meaning of section 18 of the Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (rule 217A of the Land Registration Rules 2003).
A paralegal is not a conveyancer. A paralegal is someone who assists legal firms – they may sign application forms on behalf of a conveyancing firm that is an authorised person if they are authorised to do so by that firm. They cannot, however, verify identity.
Not all Chartered Legal Executives are conveyancers, only those who have been authorised by CILEx Regulation to undertake reserved instrument activities. We have agreed with the Chartered Institute of Legal Executives (CILEx) and CILEx Regulation, however, that all Chartered Legal Executives can verify identity even though some may not be conveyancers.
3.2 Confirmation of identity
‘Confirmation of identity’ is the evidence required by:
This guide is concerned with where the application is sent to HM Land Registry by a conveyancer and so panels 14 of form AP1, 10 of form DS2 and 16 of form FR1 are not relevant, because they deal with where the application is sent to HM Land Registry by someone who is not a conveyancer.
Where the application is sent to HM Land Registry by a conveyancer, confirmation of identity involves the conveyancer providing details of a conveyancer (sometimes themselves) who represented the person in respect of which confirmation of identity is required (by completing panels 13(1) of form AP1, 9(1) of form DS2 or 15(1) of form FR1).
In any case where that person was not represented by a conveyancer, the conveyancer sending the application must either:
- confirm that they are satisfied that sufficient steps have been taken to verify the identity of that person (by completing the first box in panels 13(2) of form AP1, 9(2) of form DS2 or 15(2) of form FR1)
- enclose ‘evidence of identity’ in respect of that person
3.3 Evidence of identity
‘Evidence of identity’ (in the title to this guide and as used up to and including section 1, evidence of identity refers to both confirmation of identity and rule 17 identity evidence) is defined in panels 12 of form AP1, 8 of form DS2 and 14 of form FR1 as evidence provided in accordance with any current direction made by the Chief Land Registrar under section 100(4) of the Land Registration Act 2002 for the purpose of confirming a person’s identity. The current direction provides for either form ID1 or form ID2 to be enclosed with the relevant application, unless an exception applies. The exceptions are discussed in When confirmation of identity or rule 17 identity evidence is required. (Forms ID1 and ID2 are prepared and published under section 100(4), and so are not prescribed under the Land Registration Rules 2003.)
3.4 Rule 17 identity evidence
‘Rule 17 identity evidence’ is the term used in this guide to describe where generally the Chief Land Registrar will require identity evidence in respect of a person even though confirmation of identity is not required in respect of that person, for example, in the case of an attorney. Normally the evidence required will be very similar to that required where confirmation of identity applies. Again there are exceptions, as discussed in When confirmation of identity or rule 17 identity evidence is required. It is considered that the Chief Land Registrar is entitled to require this evidence under rule 17 of the Land Registration Rules 2003 (and in the case of a first registration application where the title documents have been lost or destroyed, also under rule 27).
4. When confirmation of identity or rule 17 identity evidence is required
Confirmation of identity or rule 17 identity evidence is required where indicated in the following table. Exceptions A to E referred to in the table are described immediately after the note to the table.
Where you or another conveyancer has represented a person then the exceptions do not apply and you must, where confirmation of identity applies, provide details of the conveyancer, as set out in the first box in panels 13(2) of form AP1, 9(2) of form DS2 or 15(2) of form FR1, or, where rule 17 identity evidence is required, provide the equivalent information.
|Application||Person in respect of whom confirmation of identity evidence is required||Possible exceptions|
|1. Transfer of (i) a registered estate or (ii) a registered charge – application to register the transferee as proprietor.
(Covers transfers whether or not for value, including those relating to the appointment or retirement of trustees and transfers under a power of sale. See also 2. Covers also assents by personal representatives (but see Exception B below).)
|- Transferor and transferee
- An attorney of either
|- Exception A
- Exception B
- Exception C
- Exception D
- Exception E
|2. Surrender of a registered lease – application to close registered leasehold title.
Note: The surrender will be an express transfer or a transfer by operation of law and so within 1 above.
|- Landlord and tenant
- An attorney of either
|- Exception A
- Exception B
- Exception C
- Exception D
|3. Lease (whether or not for value) of a registered estate – application to register the lease.||- Landlord and tenant
- An attorney of either
Note: Confirmation of identity or rule 17 identity evidence is not required if a lease is merely being noted, or the application is merely to note easements in a non-registrable lease.
|- Exception A
- Exception B
- Exception C
- Exception D
- Exception E
|4. First registration of freehold or leasehold land – application based on compulsory first registration and triggering event is on or after 10 November 2008.||- Transferor and transferee or landlord and tenant
- An attorney of either
|- Exception A
- Exception B
- Exception C
- Exception D
- Where one of the three lost or destroyed title documents exceptions set out at 7 applies
|5. Legal charge – application to register a legal charge1of a registered estate or registered charge (a sub-charge of it) or on first registration of the land.||- Borrower and lender
- An attorney of either
Note: Confirmation of identity or rule 17 identity evidence is not required if a charge is merely being noted.
|- Exception A
- Exception B
- Exception C
- Exception D
- Exception F
|6. Discharge or release of a registered charge in paper form (form DS1 or DS3) – application to give effect to2||- Lender
Note: For paper forms DS1 or DS3 used to discharge a registered charge, or for a deed of substituted security, evidence of identity is required for the lender, but not for the attorney of the lender or other agent.
|- Exception A
- Exception B
- Exception C
- Exception D
|7. Voluntary application for first registration where the title documents have been lost or destroyed.||- Applicant for first registration as proprietor of the land
- Any attorney of the applicant
|- Exception B
- Exception C
- Exception D
- The title documents were lost or destroyed while in the custody of the conveyancer sending the application.
- The title documents were lost while in the custody of a major mortgage lender who is applying for registration because the title documents were being held as security for the lender’s mortgage3.
- The conveyancer sending the application acts for a local authority, government department or nationally well known body which is applying for registration because title documents relating to their land, or to land on which they hold a mortgage, were lost while in their custody.
|8. Application to alter the register following an individual’s change of name by deed poll, statutory declaration or statement of truth.||- The person who has changed their name (in their new name)||- Where the application is combined with any other application. But if the application is one within 1 to 7 above, then evidence of change of name may be required as part of the requirements for those applications.|
1 This table deals with where a conveyancer sends the application to HM Land Registry. There is another exception to 5 but it applies where the Legal Aid Agency makes the application in its own name in form AP1 to complete by registration a legal charge, and has completed panel 7 of form AP1).
2 This table deals with where a conveyancer sends the application to HM Land Registry. There are two other exceptions to 6 but they apply where:
- the lender is:
- the applicant, makes the application in its own name and has completed panel 6 of form DS2 or panel 7 of form AP1, as appropriate
- a bank incorporated, or building society formed, in the United Kingdom
- the Legal Aid Agency is the applicant and makes the application in its own name:
- 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
- in form AP1 to release a registered charge in form DS3, and has completed panel 7 of form AP1
3An applicant is entitled to assume that a lender is a ‘major mortgage lender’ if the lender is a member of the Council of Mortgage Lenders, the Building Societies Association or the British Bankers Association.
Note: In respect of any other application the registrar may in a particular case require evidence as to identity, under rule 17 of the Land Registration Rules 2003. We may also extend the requirement to other types of applications at short notice.
A. The low-value exception
Form ID1 or form ID2 in respect of an unrepresented party is not required where the true value of the land which is the subject of the disposal, discharge or release is £6,000 or less. In these cases, the conveyancer must lodge instead a certificate confirming the value of the land by someone qualified to give property valuations; such as an estate agent, a surveyor, a land and property valuer or auctioneer who holds a qualification from the Royal Institution of Chartered Surveyors or some other person who is similarly qualified.
You may still supply evidence of identity if you prefer and HM Land Registry reserves the right to require evidence of identity in form ID1 or form ID2, in any particular case.
B. The insolvency official, etc, exception
Form ID1 is not required in respect of someone who is acting in one of the following capacities:
- as a trustee in bankruptcy, liquidator, supervisor, administrator or administrative receiver appointed under the Insolvency Act 1986
- as a receiver under the Law of Property Act 1925
- as a deputy appointed under the Mental Capacity Act 2005
- as a personal representative who assents or transfers the land.
C. The not practicable exception
Situations may arise where it is not practicable to provide form ID1 or form ID2, such as where the parties exchanged contracts before 10 November 2008 (the day on which the requirement for confirmation of identity was introduced) without providing for these forms, or where a tenant has ‘walked away’ from their lease and application is now being made to close the leasehold title following its surrender by operation of law. In these or other situations the conveyancer who is sending the application should enclose a covering letter with the application explaining why they are not able to provide form ID1 or form ID2.
It may also not be possible to provide form ID1 for a person who lacks capacity, but where that person has made an enduring or lasting power of attorney, HM Land Registry would require in this instance proof that the donor lacks capacity, such as a letter or report from a medical doctor. Identity evidence would still be required for the attorney.
HM Land Registry does not consider ‘inconvenience’ sufficient reason for not providing form ID1 or form ID2. For example, the fact that a person is resident overseas is in itself not an acceptable reason. Please see Verification of identity of persons resident overseas for more information where a person is resident overseas.
Please also note that where contracts were exchanged on or after 10 November 2008 HM Land Registry would expect, where appropriate, provision to have been made for confirmation of identity or rule 17 identity evidence.
D. The HM Land Registry facility letter exception
HM Land Registry has issued facility letters in respect of the identity of a limited number of people who deal regularly with HM Land Registry. A copy of the facility letter may be enclosed with any application in place of a form ID1 or form ID2 in respect of such a person.
‘Facility letters’ are issued to private individuals and corporate bodies who regularly deal with low value (under £100,000) land transactions such as the sale of ground rents and souvenir land. The £100,000 limit relates to the value of the land involved in the transaction. HM Land Registry has issued a number of facility letters which do not make it explicitly clear that the £100,000 limit relates to the value of the land. Where such a letter is used in relation to a transaction, such as a discharge of a registered charge, and the amount owing under the charge is less than £100,000 but the discharge is lodged with, for example, a transfer of land valued more than £100,000, the letter will be accepted provided all transactions are made before the expiry date of the letter.
E. The retained evidence of identity (following HM Land Registry approval of a draft transfer or lease of part) exception
HM Land Registry provides a service for the approval of draft forms of transfers and leases of part for specific developments. For information about this please see practice guide 41: developing estates - registration services. Rule 17 identity evidence for any attorney acting for the transferor or landlord does not have to be lodged with each individual transfer or lease for registration where, as part of this service, that evidence has been lodged with the draft for approval and has been retained by HM Land Registry.
F. Legal charge up to £10,000 to a local authority in respect of a service charge loan
No identity evidence is required for any party, including the applicant, where an application is made to:
- register a legal charge to a local authority
- the value of the charge as stated on the charge deed or application form is up to £10,000
- the charge is in respect of a service charge loan and this is clearly stated in the charge deed or on the application form
A local authority may be required under the housing acts or other legislation to maintain and keep in repair the fabric of buildings, including those where a tenant has acquired a lease under the right to buy legislation. The authority is statutorily obliged to secure the cost of this work by way of a charge.
5. Confirmation of identity
5.1 How to provide confirmation of identity
Where your application is one within 1 to 6 in the table in When confirmation of identity or rule 17 identity evidence is required you must use form AP1, form FR1 or form DS2 as appropriate for your type of application and complete the relevant panels as indicated in the forms for each relevant person (for attorneys, see Attorneys).
The following guidance relates to form AP1 where the application is sent to HM Land Registry by a conveyancer, but the same principles apply to form FR1 and form DS2.
Confirm that you are a conveyancer.
In the first part of this panel, enter the full names of all persons for whom confirmation of identity is required in the first column, do not use initials. Enter each party in a separate box (for example transferor, transferee, lender) – see Example 1 in the Appendix. Where an attorney is acting, for the sake of clarity the attorney and donor must also be listed in separate boxes on the AP1 and FR1 – see Example 2 in the Appendix. Place a cross in the second column against the name of any of these persons you represent. In the third column, either enter details of the conveyancer(s) who act for any of the other persons or if any are unrepresented insert ‘none’.
You will also need to complete the second part of this panel if you wrote ‘none’ to confirm that a person is not represented, unless one of the exceptions set out in When confirmation of identity or rule 17 identity evidence is required applies, in which case you should refer to the exception and provide the relevant evidence. For example, if exception C (not practicable to provide identity evidence) applies you should refer to it and provide the necessary covering letter.
Where an exception does not apply, then for each unrepresented person you must either:
- confirm that you are satisfied that sufficient steps have been taken to verify their identity
- enclose evidence of their identity in form ID1 or form ID2 (as to which see Completion of forms ID1 and ID2)
If you are able to give the confirmation for some but not all of the unrepresented persons you should insert the names of those persons for whom you are giving confirmation.
If there is insufficient room in the panel, use form CS or include the information in a covering letter.
5.2 Discharges in paper form DS1 or releases in form DS3
Confirmation of identity in relation to the lender is required for discharges in paper form. We do not require confirmation where a discharge is sent to HM Land Registry electronically, that is by EDs or e-DS1s.
Conveyancers have stated that they do not usually act for a discharging lender when, for example, they act for a transferor on a sale. HM Land Registry’s view though is that as they are redeeming the transferor’s mortgage, are in touch with the lender, and are willing to transfer the redemption moneys to them, they must be satisfied that they are dealing with the right person and ought to be able to confirm to HM Land Registry or to a buyer’s conveyancer that they are satisfied that sufficient steps have been taken to verify the lender’s identity. If they are not willing to do this, we will require form ID1 or form ID2 in respect of that lender.
6. How to provide rule 17 identity evidence
Rule 17 identity evidence is usually required for any attorney mentioned in the table in When confirmation of identity or rule 17 identity evidence is required, except where one of the exceptions referred to in the table applies.
Where an attorney is acting, for the sake of clarity the attorney and the donor should be listed in separate boxes on the AP1 and FR1.
If the attorney is represented by you, then tick the relevant box in the panel. If the attorney is represented by another conveyancer, enter their details in the panel, or form CS or in the covering letter.
Where the attorney is unrepresented then you should provide evidence as to their identity. This can either be:
- by way of a certificate confirming that you are satisfied that sufficient steps have been taken to verify the attorney’s identity
- by lodging form ID1 or form ID2 for the attorney (as to which see Completion of forms ID1 and ID)
The following wording is suggested for the certificate:
“I confirm that I am satisfied that sufficient steps have been taken to verify the identity of ………….., the attorney of ……………..”.
The certificate can be included in a covering letter or form CS or, for example, you could amend the certificate in the second part of panel 13 of form AP1 or the second part of panel 15 of form FR1.
Although the Land Registration Rules 2003 do not provide for the amendment of the wording in prescribed forms, HM Land Registry will not reject or question any form AP1 or form FR1 amended in this way.
Please note that the donor of a power and their attorney are separate persons for the purpose of our identity requirements and confirmation of identity in respect of the donor and, usually, rule 17 identity evidence in respect of the attorney must be provided, except where this guide says it not required.
Evidence of identity (or the equivalent where rule 17 applies) will be required for either or both where they are not represented.
6.1.1 Why HM Land Registry requires rule 17 identity evidence for attorneys
Where an attorney is acting, HM Land Registry needs to be satisfied that they have sufficient powers to effect what they are purporting to do. We also need to be satisfied that the power under which they are acting is genuine and the attorney is who they claim to be. We consider this is both reasonable and necessary to prevent registration fraud.
HM Land Registry has always required evidence of the existence and scope of the power, and will accept either the power or a certificate in Form 1 to Schedule 3 to the Land Registration Rules 2003.
In addition to the above, we also require rule 17 identity evidence in respect of the attorney. It is not HM Land Registry which deals with a disponor or their attorney, it is the conveyancer acting for the applicant who does and is, therefore, better placed to satisfy themselves that they are dealing with the right person.
6.2 Voluntary applications for first registration where the title documents have been lost or destroyed
Rule 17 identity evidence in respect of the applicant for registration is required for all applications for voluntary (Confirmation of identity will be required where the application is for compulsory first registration: see 4 in the table in When confirmation of identity or rule 17 identity evidence is required. first registration where the title documents have been lost or destroyed, except where one of the exceptions referred or set out at 7 in the table in When confirmation of identity or rule 17 identity evidence is required applies. This is so even where the applicant is represented and a conveyancer is lodging the application for registration.
As there will not have been a disposal triggering first registration, the wording in panel 15 of form FR1 may be changed to refer to the applicant, rather than, for example, the transferee.
For more information about applications for first registration where the documents have been lost or destroyed, see practice guide 2: first registration of title where deeds have been lost or destroyed.
6.3 Change of name
Rule 17 identity evidence is required where an application is being made to alter the register following a change of name by deed poll, statutory declaration or statement of truth and the application is not combined with other applications.
A standalone change of name application where the supporting evidence is a deed poll, statutory declaration or statement of truth must be lodged using form AP1 and must include either a certificate confirming that you are satisfied that sufficient steps have been taken to verify the person’s identity or evidence as to identity in form ID1.
The following wording is suggested for the certificate which must give the person’s current name:
“I confirm that I am satisfied that sufficient steps have been taken to verify the identity of ………….. and that they are the registered proprietor or the person named in entry number [X] in the register of title ……….”.
The certificate may be given in a covering letter, or, for example, by amending the certificate in the second part of panel 13 of form AP1.
Although the Land Registration Rules 2003 do not provide for the amendment of the wording in prescribed forms, HM Land Registry will not reject or question any form AP1 amended in this way.
As mentioned, if such a certificate cannot be given, then you should lodge form ID1 in the new name as well as copies of official documentation to establish a link to the person named in the register. This might be a passport, driver’s licence or utility bill that shows the former name (as to which see Completion of form ID1 and form ID2).
7. Application is re-lodged by a different conveyancer to the one who lodged it originally
There will be occasions when an application which is withdrawn or cancelled is re-lodged for registration by a different conveyancer to the one who lodged it originally. This might happen, for example, following an intervention in the original conveyancer’s practice, where the original conveyancer has otherwise ceased to trade or where a party to a transaction has changed their conveyancer.
Where a firm has been intervened in, it is acceptable for their intervening agent, to show on the application form (AP1, FR1 or DS2) who originally acted for the parties - they do not have to show who acts for them currently - and include the evidence and statements as to identity as provided by the original conveyancer. The intervening agent should state on the application form if the original conveyancer has ceased to trade.
Where there has not been an intervention, the conveyancer lodging the application should always complete their application form to show who currently acts for parties, not who acted for them previously. It is not appropriate for the lodging conveyancer to say that a party is represented by the former conveyancer; they must state who acts for that party currently. HM Land Registry will accept, however, an identity form (form ID1 or ID2) verified by the former conveyancer or by another conveyancer provided it is no more than three months old at the time that the renewed application is made. We will also accept confirmation of identity where the lodging conveyancer completes panel 13(2) of form AP1 (or equivalent on a form FR1 or DS2) to the effect that sufficient steps have been taken to verify a party’s identity. If it is within the lodging conveyancer’s knowledge, they should also state if the original conveyancer has ceased to trade.
8. Completion of form ID1 and form ID2
The actual original documents are required only if your application is a first registration. We will return the original once the application has been completed.
If your application is not a first registration then we will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.
In the context of ID forms, you may supply certified copies, but the back of the photograph must still be signed and dated on the original, and the reverse of the photo must be copied as well as the front. Copy forms submitted electronically via Business e-services must also copy both sides of the photo.
8.1 Evidence as to identity in form ID1 and form ID2
If you are neither able to confirm that a conveyancer acted for them nor that you are satisfied that sufficient steps have been taken to verify their identity, you must provide evidence as to identity for each unrepresented person as explained in Confirmation of identity and How to provide rule 17 identity evidence. The evidence should be in form ID1 (for a private individual) or form ID2 (for a body corporate).
Both parts of form ID1 or form ID2 lodged in support of an application must be dated and signed no more than three months before the time of lodgement.
The photograph to be attached to the form must be passport size, on photographic paper and in colour. We do not require the image to be of the same standard required by, for example, HM Passport Office. It must be not more than three months old and the person’s face must be clearly visible. ID forms may be rejected if this is not the case.
Completed form ID1 and form ID2 are not open to public inspection and normally a person may not apply for an official copy of them (rules 133 and 135 of the Land Registration Rules 2003, subject to rule 140 – application in connection with court proceedings, insolvency and tax liability).
8.2 Verification of identity by a conveyancer
The identity of a person for whom form ID1 or ID2 is being lodged must be verified by an individual who is a conveyancer who must complete section B of the form. This can be any conveyancer. It does not have to be the conveyancer acting for any person relevant to the transaction. For example, if the transferor is unrepresented and needs to provide form ID1, it does not have to be the transferee’s conveyancer who verifies the transferor’s identity. The transferor can go to any convenient conveyancer for that purpose. Section B of an ID form should not be signed by an individual acting as an employee of a conveyancer unless that individual is a conveyancer in their own right.
We will not normally accept verification by someone who is not a conveyancer. If a person for whom identity evidence is required is unable to go to a conveyancer, you should contact Customer Support on 0300 006 0411 to discuss whether an alternative arrangement is acceptable.
HM Land Registry will contact conveyancers and other verifiers to check that a form completed in their name is genuine. It is therefore important for them to keep a record of anyone for whom they have verified identity and a duplicate of the photograph they have certified. If a verifier cannot confirm this, then a new ID form may be required.
8.3 Verification of identity by a Chartered Legal Executive
We have agreed with CILEx and CILEx Regulation that all Chartered Legal Executives can verify identity even though some may not be conveyancers.
8.4 Verification of identity by a serving officer of the UK armed forces operating overseas
Where a member of the UK armed forces is serving overseas they can have their identity verified by an officer who is also serving with them overseas. In this situation the verifier must provide their passport number.
8.5 Verification by HM Land Registry
HM Land Registry will verify a person’s identity if they visit a customer information centre at a HM Land Registry local office at the same time as the application is lodged. They should ensure they have with them the necessary evidence of identity referred to in form ID1 or form ID2 together with a recent passport-size photograph when they attend.
If you are lodging an application but HM Land Registry is to be asked to confirm the identity of one of the unrepresented persons you should attend at the HM Land Registry office at the same time as that person in order to simultaneously lodge the application.
Our customer information centres are open between 8.30am and 6pm Monday to Friday, except public holidays, but you will need to make an appointment, giving us at least 72 hours’ notice.
8.6 Verification of identity of persons resident overseas
Where a person is resident overseas and it is not possible for their identity to be verified by a UK conveyancer, section B of the form ID1 or form ID2 should be completed and signed by a lawyer or notary public qualified to practice in the person’s country of residence. The form must be accompanied by written evidence of the lawyer’s authority to practice in their jurisdiction.
Form ID1 or ID2 will always be required. The option in form AP1, form FR1 and form DS2 that sufficient steps have been taken to verify someone’s identity cannot be used.
8.7 Corporate bodies
Corporate bodies can have their identity ‘stolen’ in the same way as private individuals, so our identity requirements apply to them in the same way. If you are verifying a corporation’s identity for the purpose of form ID2, you should always require the production of satisfactory evidence:
- that the corporate body the individual represents and the registered proprietor or person entitled to be registered as proprietor are one and the same
- that the corporate body still exists
- that the individual representing them is authorised to act
8.7.1 Corporate bodies
In confirming a corporate body’s identity, you should take care to ensure that the party to a transaction is in fact the same body named in the register. For example, does the party to the transaction have the same company registration number, or other registration number appropriate for that type of body, shown in the register for the registered owner? If the names differ can you account for the change of name?
In the case of a company, has there been any recent change in the address of the registered office, or of the company’s officers? If changes have occurred can these be accounted for?
Is there any information in the company search, such as the date of the company’s registration, which might suggest that the party to the transaction cannot be the registered proprietor? The date of registration as proprietor is the date appearing in brackets immediately before the body’s name in the proprietorship or charges register. A discrepancy without any legitimate reason may be a risk factor.
8.7.2 Check if the corporate body still exists
Is there any indication that the corporate body has been dissolved? In the case of companies, a company search should always be made to ensure that the company still exists.
8.7.3 The individual’s connection with the corporate body
In confirming or verifying identity you will also need to establish the individual’s role within the organisation or their connection to it. Are they a director or the company secretary or do they have some agency relationship with the body, for example as their attorney? And what evidence have they produced to confirm this?
If they are not a director or the company secretary, have they produced any documentary evidence confirming their authority to act?
Please note that we do not require identity evidence for receivers, liquidators or administrators, as other evidence of their authority to act for a company will have to be lodged with applications where they are involved.
8.7.4 Foreign corporations
If there is any indication in the register that the proprietor is a foreign corporation, are you satisfied that the party to the transaction is the same organisation? A company search will show if a UK company has been set up with the same name.
When dealing with a foreign corporate body that is not represented by a conveyancer, you should expect to see, for example, a letter from a lawyer authorised to practice in the country of the body’s incorporation confirming that it still exists and that the representative is authorised to act for them.
9. Multiple applications
9.1 Identity requirements where two or more applications are being lodged at the same time and at the same office
If you intend to send two or more applications at the same time and to the same HM Land Registry office, and any of the persons for whom you need to provide confirmation of identity are the same, you need enclose only one set of identity evidence for those persons for all of the applications.
But if the persons in the applications are different you will need identity evidence for each separate person.
9.2 Identity requirements where applications are being lodged at different HM Land Registry local offices
If you are lodging applications at different offices you will need to provide identity evidence for each application or batch of applications for each local office. Original identity evidence is required for each office. You cannot lodge original evidence with one office and a copy with another.
10. Registry rejection and cancellation policy
Please note that if confirmation of identity is not provided where this is required in the situations described on form AP1, form FR1 or form DS2, your application will be rejected. We also reject applications where the parties’ names have not been given in full on application form AP1, form FR1 or form DS2; or where the form ID1 or form ID2 has not been verified by a conveyancer.
Where rule 17 identity evidence is required (as mentioned in How to provide rule 17 identity evidence) and is not lodged with the application or after requisition, your application will be cancelled under rule 16(2) of the Land Registration Rules 2003 (failure to comply with a requisition).
Note: Other than on first registrations, we will scan and destroy documents lodged, whether they are originals or copies. Therefore it is better not to enclose the original ID form with your application.
11. Appendix: examples of completed form AP1
This example assumes the application is submitted by a conveyancer. Example entries are shown in italics.
11.1 How to complete panel 4
- The conveyancer submitting the application must enter all transactions lodged, in panel 4. For example: discharge, transfer, charge, restriction.
- They must complete this box if paying by direct debit.
11.2 How to complete panel 6
- The conveyancer lodging an application is not the applicant, their client is.
- If the company is a UK company (which includes Northern Ireland), complete with their company registration number.
- If the overseas company has a UK registration number, complete with their company registration number.
11.3 How to complete panel 8
- This panel must be completed only if the person submitting the application wants HM Land Registry to notify someone else that we have completed the application. We no longer issue any documents to a third party on completion of an application.
11.4 How to complete panel 10
- This panel should not normally be completed where the charge being registered has an HM Land Registry MD reference (on the front of the document). The exception is where the charge is a bank with an MD reference but does not use a single address for service.
- See note to panel 6.
- The conveyancer submitting the application should use a separate form DI, to disclose any unregistered interests that override registered dispositions. These might include a legal easement with the actual knowledge of the person to whom the disposition is made. See Overriding interests and their disclosure - Practice Guide 15 for more information. Conveyancers no longer need to confirm that no disclosable overriding interests affect the estate.
11.5 How to complete panel 12
- The conveyancer lodging the application should place ‘X’ in this box.
I am a conveyancer, and I have completed panel 13.
11.6 How to complete panel 13
The conveyancer submitting the application must list all parties to the transfers, leases or charges in column one of the table in panel 13. Where a party is not represented by a conveyancer section (2) Evidence of identity must also be completed. If the relevant panels are not completed the application will be rejected.
Example 1 - no attorney(s) acting
Conveyancers should complete as follows:
- Complete with the full names (s) of transferor(s) including middle names (do not use initials). If the conveyancer submitting the application acted for them, they must complete the middle panel by putting an ‘X’ in the box.
- Complete with full name(s) of transferees(s) including middle names (do not use initials). If the conveyancer submitting the application acted for them, they must complete the middle panel by putting an ‘X’ in the box.
- Complete with full name of the lender for the transferees. If the conveyancer submitting the application acted on their behalf, they must complete the middle panel by putting an ‘X’ in the box. They can also use this panel for any attorney for any of the parties.
- Complete with name of the conveyancers who acted for the transferors. If the transferors acted for themselves, complete with ‘None’.
- If the conveyancer submitting the application did not act for the transferees, they must complete with name an address of the conveyancer who did, or if the transferees acted for themselves, complete with ‘None’.
- If the conveyancer submitting the application did not act for the lender for the transferees, they must complete with name an address of conveyancer who did.
Example 2 - attorney(s) acting
Conveyancers should complete as follows:
- Complete with the full names(s) of transferor(s). If the conveyancer submitting the application acted for them, they must complete the middle panel by putting an ‘X’ in the box.
- Complete with the full names(s) of attorney(s). If the conveyancer submitting the application acted for them, they must complete the middle panel by putting an ‘X’ in the box.
- If the conveyancer submitting the application has not entered ‘X’ in the middle box, they must complete with name, address and reference of the conveyancer acting for the transferor or landlord. If they were not represented by a conveyancer, write ‘None’.
- f the conveyancer submitting the application have not entered ‘X’ in the middle box, they must complete with name, address and reference of the conveyancer acting for the attorney(s). If they were not represented by a conveyancer, write ‘None’.
11.7 How to complete panel 13: paper discharge
Conveyancers only need to complete the ‘Name of lender’ section if they are submitting a paper discharge.
This section is separate from the section ‘Details of the conveyancer acting’ because if the only application lodged is a discharge, there is only one party. We do not require information regarding the former borrower.
If a conveyancer is sending an application AP1 to give effect to a discharge in form DS1 or release in form DS3, they must state for each lender in the section below the details of the conveyancer (if any) who represented them.
Where a lender is not represented by a conveyancer, the conveyancer submitting the application must also complete (2) below.
Conveyancers must complete as follows:
- Complete with name of mortgage company. If the conveyancer submitting the application acted for them, they must complete the middle panel by putting an ‘X’ in the box.
- If the conveyancer submitting the application did not act for the transferees, they must complete with name an address of the conveyancer who did, or if the lenders acted for themselves, complete with ‘None’. Note that some lenders may employ in house conveyancers who oversee the organisation’s conveyancing activities.
11.8 Panel: evidence of identity
The conveyancer submitting the application only needs to complete the following panel if they have entered ‘None’ against any of the parties’ names in the third column of the above tables.
- The conveyancer submitting the application must put an ‘X’ in this box and insert the names of each unrepresented person they can give this confirmation for. For those a conveyancer cannot, they must confirm the next box.
- The wording of the certificate can be adapted if given for an attorney or in a change of name situation – see section 6 ‘how do I provide rule 17 evidence’.
- The conveyancer submitting the application must put an ‘X’ in this box, if they has to lodge evidence of identity of any party.
This should be signed by the conveyancer named in panel 6. It can be in the name of the firm.
If you dishonestly enter information or make a statement that you know is untrue or misleading, you may be committing the offence of fraud. Also failure to complete this form with proper care may result in loss of protection under the Land Registration Act 2002.
12. Things to remember
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.