Guidance

Return and rejection of applications for registration (practice guide 49)

Updated 1 August 2022

Applies to England and Wales

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Overview

This guide gives advice on how to avoid the rejection of applications to change the register. It gives examples of defects in applications that we consider to be serious enough to reject the application and return the papers.

We have revised our rejection policy so that normally we will reject only applications which have no prospect of success (see Examples of applications that have no prospect of approval); or when confirmation of ID is required and has not been given or is incomplete (see practice guide 67: evidence of identity) or have been previously cancelled and are relodged without the cancellation points being dealt with. We also reject electronically lodged applications using HM Land Registry’s electronic Document Registration Service which are not submitted by the customer named in panel 7 of form AP1, or equivalent, because only the submitting customer has agreed to be bound by the portal conditions of use.

Where we can identify substantial defects in the application, we will also explain what steps need to be taken to avoid rejection when the application is relodged.

All other points which would (under our previous rejection policy) have caused the application to be rejected will now be raised as requisitions.

For general information on requisitions and tips to avoid them, see practice guide 50: requisition and cancellation procedures.

2. The meaning of ‘rejection’

Under rule 16(3) of the Land Registration Rules 2003, we can reject an application on delivery or cancel it at any time thereafter where it appears to us to be substantially defective. In this practice guide we use the term ‘rejection’ for all instances where we apply rule 16(3).

We may reject applications whose defects remain unaddressed following discussions between ourselves and the applicant.

If, exceptionally, this action is taken, a notice will be issued specifying the defect(s) that will result in rejection and the time period over which rejection will apply.

When we reject an application, we return to the sender all the papers and documents originally enclosed. We will also state the reason for the rejection so that defects can be corrected before the application is relodged. A rejected application loses its priority. We will return any fee sent with the application unless the application is rejected after we have started processing it, in which case we will retain the fee and either credit it to a renewed application or refund it upon request.

3. Time limit on rejection

We aim to identify any defects and reject an application on the day of receipt. We will not normally reject an application that has been with us for 5 working days, but will do so in some circumstances including if it:

• has no prospect of success
• is lodged without a fee
• is for the discharge of a charge

Where an application is not rejected it will retain its priority and we will deal with the matter by requisition.

4. Retention of documents lodged with applications

Original documents are normally only required if your application is a first registration.

A conveyancer may, however, make an application for first registration on the basis of certified copy deeds and documents only. For information about this see practice guide 1: first registrations – Applications lodged by conveyancers – acceptance of certified copy deeds.

If your application is not a first registration, we 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.

However, any original copies of death certificates or grants of probate will continue to be returned.

This means that if your application is returned you will receive copies of the scanned documents.

5. Examples of applications that have no prospect of approval

5.1 Unregistrable interests

Unregistrable interests, include:

• certain leases granted for not more than 7 years
• dispositions of equitable interests
• a lease which should be, but is not, a prescribed clauses lease

5.2 The applicant is not entitled to apply because the legal estate is not vested in them

For example, a beneficiary under the will in whom the legal estate has not been vested.

5.3 Applications to enter restrictions

Where an application to enter a restriction is:

• not allowed by section 42 of the Land Registration Act 2002
• to protect an unsecured debt
• for a Form A restriction where there is already such a restriction in the register

5.4 Adverse possession

An application for adverse possession where:

• the wrong type of application is lodged, such as an FR1 where land is registered
• there is insufficient time claimed to amount to adverse possession
• there is insufficient evidence of possession

5.5 Notices

Notices where:

• there is no interest shown
• the interest is under a trust
• the interest is under a short term lease

6. Application checklist: avoiding return or rejection of applications for registration

The information below sets out our criteria and give tips on how to avoid return or rejection. Because of the enormously varied nature of the applications we receive, the list is not exhaustive. There may be rare instances where an application has a substantial defect that is not covered in this guide, particularly in respect of our requirements for evidence of identity. See practice guide 67: evidence of identity.

See also practice guide 50: requisition and cancellation procedures.

6.1 Plans to deeds in dealings of part and leases

All these requirements equally apply to plans accompanying searches in form OS2 or form OS3.

We reject

We reject applications where it is impossible to identify the extent of the land that’s the subject of the application, such as:

• where the deed refers to a plan but it is not attached
• where the extent on the plan cannot be related to the Ordnance Survey map
• where the extent on the plan is not clearly defined, such as by edging, colouring or hatching
• the plan is sufficiently distorted to prevent identification of the extent

Tips to avoid rejection

Transfers, charges and leases of part must be accompanied by a plan unless the part can be clearly identified either:

• beyond doubt on the lessor’s or vendor’s title plan from the description in the text of the deed
• by reference to a precise colouring on the lessor’s or vendor’s title plan, for example “… shown tinted blue on the title plan of title number …”. It must not refer to an approved estate plan

Make sure any edgings are not too thick and do not obscure any other detail on the plan. On a small-scale plan thick lines can be several metres across on the ground. If we cannot determine the precise extent we may reject the application.

We will accept a disclaimer that appears on deed plans created by National Grid Gas plc (Co Regn No 2006000) (formerly Transco plc) where the disclaimer relates to the positioning and/or existence of pipes, equipment and so on.

Prepare any plan for a new deed or application having regard to the following guidelines. Further information can be found in practice guide 40: HM Land Registry plans: guide overview. You should:

• draw and show to its actual scale
• show its orientation (for example, a north point)
• use preferred scales of 1/1250 – 1/500 for urban properties
• use preferred scales of 1/2500 for rural properties (fields and farms etc)
• not use a scale of imperial measurement (for example, 16 feet to 1 inch)
• not reduce in scale. See practice guide 40: HM Land Registry plans: guide overview
• not mark or refer to being for identification only
• not show statements of disclaimer used under the Property Misdescriptions Act 1991
• show sufficient detail to be identified on the Ordnance Survey map
• show its general location by showing roads, road junctions or other landmarks
• show the land of the property, including any garage or garden ground
• show buildings in their correct (or intended) position
• show access drives or pathways if they form part of the property boundaries
• show the land and property clearly (for example, by edging, colouring or hatching)
• have edgings of a thickness that do not obscure any other detail
• show separate parts by suitable plan markings (house, parking space, dustbin space)
• identify different floor levels (where appropriate)
• show intricate boundaries with a larger scale or inset plan
• show measurements in metric units only, to 2 decimal places
• show undefined boundaries accurately and, where necessary, by reference to measurements
• show measurements that correspond, so far as possible, to scaled measurements

6.2 Plans in deeds in first registrations

We reject

We reject applications where:

• the deed or form FR1 refers to a plan but it is not attached.
• there is no plan and the description of the land to be registered is inadequate.
• the extent on the plan cannot be related to the Ordnance Survey map.

6.3 Applying for first registration

We reject

We reject applications where:

• an AP1 application form is submitted instead of an FR1 application form
• panel 3 of the FR1 is not completed (extent of land sought to be registered)
• panel 5 of the FR1 is not completed or no fee has been lodged (value of land and fee paid) (applications containing statutory declarations relating to adverse possession or lost deeds are not included in this rejection point)
• panel 12 of the FR1 is not completed (certificate of title)

6.4 Registration of a new lease

6.4.1 Granted on or after 13 October 2003 out of registered land

This section applies to leases granted out of land that was already registered at the date of the grant. If the reversionary title was registered after the date of the grant, then Granted on or after 13 October 2003 out of unregistered land applies.

We reject

We reject applications to register leases that are granted for a term of 7 years or less from the date of the grant unless:

• the lease is made in pursuance of Part 5 or section 171A of the Housing Act 1985, irrespective of the term
• it is a discontinuous lease, irrespective of the term
• it is a lease granted out of an estate that is a franchise or manor irrespective of the term, or
• it is a reversionary lease that is either:
  • a lease that takes effect in possession after the end of the period of more than 3 months from the date of the grant, irrespective of the term
  • a lease to take effect within 1 month of the end of an existing lease in possession, of the same land, to the same person, provided the unexpired terms of both leases added together total more than 7 years at the date of registration

We reject applications to register leases where the lease has no certain commencement date.

We reject applications to register leases where the lessor and lessee are the same person unless a letter accompanies the application that explains why Rye v Rye [1962] A C 496 is not applicable.

We reject applications to register leases (for which a rent or premium is payable) where the term starts more than 21 years from the date of the lease.

We reject applications to register public private partnership leases.

We reject applications to register leases granted on or after 19 June 2006 that are required by rule 58A of the Land Registration Rules 2003 to contain the prescribed clauses set out in Schedule 1A to the Land Registration Rules 2003 will be rejected where either:

• they do not contain the prescribed clauses
• any of clause LR4 has not been completed

Tips to avoid rejection

You are required to register a lease granted for a term of more than 7 years from the date of the grant, even if there are seven years or less of the original term unexpired at the date of registration.

Applications to register the leases covered by this section must be lodged in form AP1 – rule 13, Land Registration Rules 2003, unless it is a reversionary lease that takes effect within one month of the end of an existing lease in possession, of the same land, to the same person. Such leases can only be registered by voluntary application in form FR1, where the unexpired terms of both leases added together total more than 7 years at the date of registration.

Examples of a discontinuous lease are time share and market leases (the right to trade on certain days of the week for a term of years).

A lease that cannot itself be registered, or is not required to be registered, may be able to be noted against the lessor’s title – see Noting of leases, and options and easements in leases, against lessor’s title.

A lease that cannot itself be registered may however contain an interest that can be noted against the lessor’s title – see Noting of leases, and options and easements in leases, against lessor’s title.

See practice guide 64: prescribed clauses leases for further information on requirements for prescribed clauses leases and for details of the information required for completion of each clause.

6.4.2 Granted on or after 13 October 2003 out of unregistered land

This section applies to leases granted out of land that was unregistered at the date of the grant, regardless of whether the reversionary title is registered at the date of registration.

We reject

We reject applications to register leases that are granted for a term of 7 years or less from the date of the grant unless:

• the lease is made in pursuance of Part 5 or section 171A of the Housing Act 1985, irrespective of the term
• it is a discontinuous lease, irrespective of the term
• it is a lease granted out of an estate that is a franchise or manor irrespective of the term, or
• it is a reversionary lease that is either:
  • a lease granted out of an unregistered freehold estate
  • a lease granted out of an unregistered leasehold estate, that at the date of the grant of the reversionary lease had more than 7 years of its original term unexpired, which takes effect in possession after the end of the period of more than 3 months from the date of the grant, irrespective of the term
  • a lease to take effect within 1 month of the end of an existing lease in possession, of the same land, to the same person, provided the unexpired terms of both leases added together total more than 7 years at the date of registration

We reject applications to register leases where the lease has no certain commencement date.

We reject applications to register leases where the lessor and lessee are the same person unless a letter accompanies the application that explains why Rye v Rye [1962] A C 496 is not applicable.

We reject applications to register leases (for which a rent or premium is payable) where the term starts more than 21 years from the date of the lease.

We reject applications to register public private partnership leases.

Tips to avoid rejection

You are required to register a lease granted for a term of more than 7 years from the date of the grant, even if there are 7 years or less of the original term unexpired at the date of registration.

Applications to register the leases covered by this section must be lodged as either a compulsory or voluntary first registration in form FR1. For further information, including guidance on how to make applications to HM Land Registry, see practice guide 25: leases: when to register.

Examples of a discontinuous lease are time share and market leases (the right to trade on certain days of the week for a term of years).

A lease that cannot itself be registered, or is not required to be registered, may be able to be noted against the lessor’s title – see Noting of leases, and options and easements in leases, against lessor’s title.

A lease that cannot itself be registered may however contain an interest that can be noted against the lessor’s title – see Noting of leases, and options and easements in leases, against lessor’s title.

6.5 First registration of an existing leasehold estate granted before 13 October 2003

This section applies:

• to leasehold estates granted out of either registered or unregistered land
• where no trigger event for compulsory registration has occurred

If a trigger event (such as a transfer on sale) has occurred, Transfers, assignments and protected first legal mortgages, dated on or after 13 October 2003, of an unregistered leasehold estate applies.

We reject

We reject applications to register leases where there are 7 years or less of the original term unexpired at the date of the registration, as they cannot be registered, unless the lease is either:

• the lease is made in pursuance of Part 5 or section 171A of the Housing Act 1985, irrespective of the term
• it is a discontinuous lease, irrespective of the term
• it is a reversionary lease that is a lease to take effect within 1 month of the end of an existing lease in possession, of the same land, to the same person, provided the unexpired terms of both leases added together total more than 7 years at the date of registration

We reject applications to register leases where the lease has no certain commencement date.

We reject applications to register leases where the lessor and lessee are the same person unless a letter accompanies the application that explains why Rye v Rye [1962] A C 496 is not applicable.

We reject applications to register leases (for which a rent or premium is payable) where the term starts more than 21 years from the date of the lease.

We reject applications to register public private partnership leases.

Tips to avoid rejection

Applications to register leases covered by this section, granted for a term of 21 years or less out of either registered or unregistered land, must be lodged as a voluntary first registration in form FR1. For more information, including guidance on how to make applications to HM Land Registry, see practice guide 25: leases – when to register.

Applications to register leases covered by this section granted for a term of more than 21 years (for example capable of registration at the time of the grant) out of registered land must be lodged in form AP1 – see rule 13 of the Land Registration Rules 2003.

Applications to register leases covered by this section granted for a term of more than 21 years (for example capable of registration at the time of the grant) out of unregistered land must be lodged as a compulsory first registration in form FR1

Examples of a discontinuous lease are timeshare and market leases (the right to trade on certain days of the week for a term of years)

A lease that cannot be registered, or which is not required to be registered, may be able to be noted against the lessor’s registered title – see Noting of leases, and options and easements in leases, against lessor’s title.

A lease that cannot itself be registered may however contain an interest that can be noted against the lessor’s registered title – see Noting of leases, and options and easements in leases, against lessor’s title.

6.6 Transfers, assignments and protected first legal mortgages, dated on or after 13 October 2003, of an unregistered leasehold estate

We reject

We reject applications to register assignments, transfers or assents, including vesting assents (on sale, by way of gift or by order of court), of an unregistered leasehold estate and 7 years or less of the original term were unexpired at the date of the transfer or assignment inducing registration, as they cannot be registered, unless it is either:

• a transfer, assignment or assent of an unregistered discontinuous lease, irrespective of the term
• a transfer of an unregistered lease made pursuant to section 171A of the Housing Act 1985, irrespective of the term

We reject applications to register a protected first legal mortgage of an unregistered leasehold estate and 7 years or less of the original term were unexpired at the date of the mortgage inducing registration, as they cannot be registered.

A ‘first legal mortgage’ is a legal mortgage that ranks in priority over all other mortgages affecting a property – see section 4(8)(b) of the Land Registration Act 2002.

A ‘protected mortgage’ is a mortgage that is protected by the deposit of documents relating to the mortgaged estate, such as pre-registration deeds and documents of title.

Tips to avoid rejection

You are required to register assignments, transfers or assents, including vesting assents, on sale, by way of gift or by order of the court, of a unregistered leasehold estate where more than 7 years of the original term are unexpired at the date of the transfer or assignment inducing registration (but see the note below). These applications must be lodged as a compulsory first registration in form FR1.

Note: The following transfers/assignments are excluded from compulsory registration, but the unregistered leasehold estate itself may be capable of voluntary registration – see First registration of an existing leasehold estate granted before 13 October 2003.

Transfers by operation of law, for example when a deceased’s property vests in their executor – see section 4(4)(a) of the Land Registration Act 2002.

Assignments of a mortgage term, that is, mortgage by demise – see section 4(4)(a), Land Registration Act 2002.

An assignment or surrender of a lease to the immediate reversioner where the term is to merge into that reversion – see section 4(4)(b) of the Land Registration Act 2002.

You are required to register either:

• a transfer or assignment of an unregistered discontinuous lease
• a transfer of an unregistered lease made pursuant to section 171A of the Housing Act 1985

irrespective of the term. These applications must be lodged as a compulsory first registration in form FR1.

You are required to register a protected first legal mortgage of an unregistered leasehold estate where more than 7 years of the original term were unexpired at the date of the mortgage inducing registration. These applications must be lodged as a compulsory first registration in form FR1

Note: Other mortgages are excluded from compulsory registration, but the unregistered leasehold estate itself may be capable of registration – see First registration of an existing leasehold estate granted before 13 October 2003.

For further information, including guidance on how to make applications to HM Land Registry, see practice guide 25: leases: when to register.

6.7 Noting of leases, and options and easements in leases, against lessor’s title

We reject

We reject applications to note leases granted for a term of 3 years or less from the date of the grant, and which are not required to be substantively registered.

Note: This applies to any discontinuous leases that are not compulsorily registerable, and where the total period of the term is 3 years or less

We reject applications to note public-private partnership leases

Tips to avoid rejection

You can make a specific application to note a lease (see sections 32, 33 and 34 of the Land Registration Act 2002) provided it:

• is granted for a term of more than 3 years from the date of the grant
• is not required to be registered
• does not relate to a trust of land or a settlement under the Settled Land Act 1925

Note 1: When an application is lodged for registration of a lease granted on or after 13 October 2003 out of registered title(s), which is required to be registered, we will automatically note the lease pursuant to section 38 of the Land Registration Act 2002.

Note 2: When giving absolute leasehold title on first registration, we will automatically note the lease (provided the lessor’s superior title is registered and the lease has not already been noted), subject to serving notice on the lessor. If the lessor’s consent is already lodged with the application, we will not need to serve notice on the lessor – see rule 37 of the Land Registration Act 2003.

Note 3: If first registration of a leasehold title is not completed with absolute title, we will not make an entry in the lessor’s title, without a specific application for entry of a notice.

For more information on noting of leases, including how to make applications to HM Land Registry, see practice guide 25: leases: when to register.

You can make an application to note an option in an unregistered lease (for example, an option to purchase the reversion). For further details, see practice guide 19: notices, restrictions and the protection of third party interests.

You can make an application to note easements granted for the benefit of an unregistered lease. For further details, also see practice guide 19: notices, restrictions and the protection of third party interests.

6.8 Transfer of a share

We reject

We reject transfers that are incorrectly drawn. For example, if A and B are the registered proprietors, transfer by A and B’s trustee in bankruptcy of B’s share is not capable of registration.

Tips to avoid rejection

All registered proprietors must normally be transferors, even where one (or more) of them is also a transferee, for example A, B and C transferring to A and C.

Where there is a joint proprietorship restriction in Form A in the register, there must be at least 2 transferors on any transfer for value (a new trustee may be appointed for the purpose).

Note: The above does not apply where the remaining proprietor is a trust corporation.

For more information, see practice guide 6: devolution on the death of a registered proprietor.

6.9 Determined boundaries

We reject

We reject applications with no plan enclosed.

We reject plans that cannot be related to the Ordnance Survey map.

We reject applications where evidence of title to the land up to the boundary has not been produced.

Tips to avoid rejection

You must use form DB.

6.10 Applications involving overseas entities

We reject

We reject applications to register an overseas entity as proprietor of a registered estate lodged without the overseas entity ID issued by Companies House. We also reject applications to register a disposition by an overseas entity (where it is affected by the Economic Crime (Transparency and Enforcement) Act 2022) lodged without an overseas entity identity or the evidence required to comply with a restriction in the register where this is required.

Tips to avoid rejection

Please see our practice guide 78: overseas entities for information about the applications that are affected by and evidence we require under the Economic Crime (Transparency and Enforcement) Act 2022.

6.11 Cancelled applications still defective

We reject

We reject applications that have previously been cancelled or rejected where the original defects are still unresolved.

We reject applications that have previously been cancelled or rejected where an application form is required and none has been used.

Tips to avoid rejection

When we cancel or reject an application we give the reasons in writing. If an application has previously been cancelled or rejected, please ensure that the defects specified by us are corrected before re-lodging it.

7. Things to remember

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