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Welcome to issue 7 of Practice and Process. Our identity requirements for personal representatives have now changed – you can find out what's now required in the Process changes section. We also amended five of our practice guides in August, with all the details set out below. Looking for further guidance from us? See the reminders about our training hub and Essentials package in the Training section.
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PG11
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When did it change?
14 August 2023
What has changed?
We have amended sections 4.1 and 6 to clarify our practice on applications in forms OC1 or OC2 where panel 5 has not been completed.
What does it mean for customers?
We will reject applications in forms OC1 or OC2 where panel 5 has not been completed.
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PG19
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When did it change?
29 August 2023
What has changed?
We have amended section 3.1.5.8 to clarify our practice on complying with a Form LL restriction.
What does it mean for customers?
A personal representative may be either an executor or an administrator at the time of vesting.
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PG24
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When did it change?
29 August 2023
What has changed?
We have amended section 4.3 to provide further clarity as to when it is appropriate to enter a general description of the trustees in the proprietorship register.
What does it mean for customers?
Where appropriate, we may include such a description, but this is for information only and we are not obliged to do so.
We will not enter any such description if it appears that the trust is not the single express trust of the registered legal estate, or if we consider that doing so may otherwise be inappropriate.
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PG37
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When did it change?
14 August 2023
What has changed?
We have amended section 3 to clarifiy our practice on the time period allowed for negotiations where a dispute arises.
What does it mean for customers?
We will not usually extend the period allowed for negotiations unless there are exceptional circumstances.
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PG62
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When did it change?
29 August 2023
What has changed?
We have amended section 12.2.1 to update our guidance on the supporting evidence required when removing register entries on extinguishment
What does it mean for customers?
For deeds of release where a ‘no disposition’ type restriction is entered in the register of the dominant title, we no longer require evidence of compliance with that restriction.
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Process changes
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Reminder: change to our identity requirements for personal representatives
We set out which applications require evidence of identity – and for whom – in section 4 of our practice guide 67.
Prior to 4 September 2023, we did not routinely seek identity evidence for personal representatives not represented by a conveyancer, owing to an exemption under exception B (section 4.1, practice guide 67). We did, however, say that we might ask for it in some instances.
Following a review of our identity requirements, we have removed personal representatives from exception B.
For applications lodged since 4 September 2023, we require evidence of identity for all personal representatives involved in those applications set out in section 4 of practice guide 67. These are:
- transfer of a registered estate or registered charge;
- assents;
- surrender of a registered lease;
- leases;
- first registrations based on compulsory registration and triggering event is on or after 10 November 2008;
- legal charges;
- discharges or releases of a registered charge in paper form; and
- voluntary applications for first registration where the title documents have been lost or destroyed.
Practice guide 67 has been updated to reflect this change.
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Training
HM Land Registry training hub
Our HM Land Registry training hub provides access to a wealth of easy-to-find and easy-to-follow guidance and training materials on hundreds of topics – all in one place – to help you prepare and submit high quality applications, and make the best use of HM Land Registry services.
Along with practice guides, you’ll find links to guidance pages, webinars, videos, podcasts, checklists and flowcharts.
We’re continuously growing and developing our training offering and will be adding new content as and when it becomes available.
HM Land Registry Essentials
Our self-service training package HM Land Registry Essentials will help you with the basics – whether you’re new to conveyancing or just need a refresher. What does HM Land Registry do? How do we fit into the conveyancing process? And how do you avoid requisitions when submitting applications to us? Find out the answers to these questions and more.
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Join our customer webinars |
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Are you using the Digital Registration Service? |
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Have you read our Strategy 2022+? |
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