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Guidance

Personal insolvency (PG34)

Find the effect of entries made in the register of title against a land owner who is subject to bankruptcy or insolvency (practice guide 34).

Updates to this page

From:
HM Land Registry
Published:
13 October 2003
Last updated:
1 June 2026
Show all updates

  1. The guide has been amended to reflect how applications should be made using our digital systems.

  2. Section 3.5 has been updated to clarify what 'realises the interest' means in section 283A(3)(a) of the Insolvency Act 1986 and further to caselaw.

  3. Updated sections 2.4 and 5.2 to clarify that where the register already contains a Form J restriction in favour of the Official Receiver, or a bankruptcy restriction or notice, applications by a successor trustee in bankruptcy for a further Form J restriction in their favour will be rejected as not being "necessary or desirable" for one of the purposes listed in section 42(1)(a) of the Land Registration Act 2002.

  4. Section 4.3 has been amended to include guidance for when there is a joint and several appointment of trustees in bankruptcy.

  5. Section 3.3 has been amended to update and clarify statutory references and HM Land Registry requirements.

  6. Section 4.2 has been amended to confirm it is our practice to cancel affecting bankruptcy notices or restrictions, when the trustee in bankruptcy or Official Receiver is registered as proprietor in place of the bankrupt proprietor.

  7. Section 1.1 has been updated to mention that an application for first registration can be made on the basis of certified copy deeds and documents only. Sections 4.3 and 4.7 have also been updated. Paper applications to HM Land Registry must be sent to the address stated in the Registrar’s Direction.

  8. This guide has been amended to take account of the Insolvency (England and Wales) Rules 2016, as amended by the Insolvency (England and Wales) (Amendment) Rules 2017.

  9. Section 2.2 has been amended. Land Registry will usually make a bankruptcy entry in the register if no response is received to an enquiry by Land Registry as to whether the person contacted is a person in respect of whom an application has been made for bankruptcy.

  10. The guide has been amended as a result of the coming into force on 6 April 2016 of section 71 and Schedules 18 and 19 of the Enterprise and Regulatory Reform Act 2013 and the Insolvency (Amendment) Rules 2016.

  11. Link to the advice we offer added.

  12. Welsh translation added.

  13. First published.

Applies to England and Wales

Documents

Practice guide 34: personal insolvency

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Details

This guide explains which entries you can make in the register of a title where the proprietor, or one of the proprietors, is a person subject to bankruptcy proceedings. It also explains how insolvency affects powers of disposition. It is aimed at conveyancers and trustees in bankruptcy.

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.

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