How Much Does it Cost to Change the Deeds of a House?
If you are simply updating the record because there is a mistake in the register, or you've changed your legal name, we'll handle your application for a fixed fee of £199 INC VAT. If you are removing or adding a spouse to the title you'll need a transfer of equity, which we can handle for £399 INC VAT, or £413 if a remortgage is required.
More complex situations, such as dealing with boundary disputes, removing restrictions, or first registrations of unregistered land, can be more expensive.
What are title deeds?
Title deeds are legal documents proving property ownership. They contain crucial information such as the property's address, boundaries, ownership history, and any rights or restrictions affecting it.
In modern times, most title deeds are held electronically by the Land Registry, although older physical deeds may still exist. These electronic records are often referred to as "title registers."
Costs associated with changing title deeds
There are five main types of fees involved in changing the title deeds:
Type of Fee | Description | Cost |
|---|---|---|
Type of Fee Solicitor's fees | Description Your solicitor will prepare and submit the necessary legal documents for the title deed change. For a straightforward transfer of equity, fees might be relatively low, but more complex situations (e.g., dealing with restrictions or disputes) will incur higher costs. | Cost SAM's fees start from £413 for a Transfer of Equity with a remortgage, and £399 without a remortgage. |
Type of Fee Land Registry fees | Description The Land Registry charges fees for registering changes to the title. These fees are based on the value of the property and the type of application. | Cost You can find the latest fee schedule on the Land Registry website. Scale 1 ranges from £20 to £1,105 and Scale 2 ranges from £20 to £305. |
Type of Fee Stamp Duty Land Tax (SDLT) | Description SDLT is only payable if money or other valuable consideration is exchanged as part of the transfer. If someone is buying a share of the property from another owner, SDLT may be due. Gifting a share of a property to a spouse or civil partner usually does not trigger SDLT. | Cost Check out our Transfer of Equity Stamp Duty calculator for an indication of costs. |
Type of Fee Capital Gains Tax (CGT) - if applicable | Description Capital Gains Tax is payable when you transfer equity in a property that isn't your primary residence. You won't pay CGT if the property is your only home. The CGT tax-free allowance is £3,000. | Cost 18% on profits if you're in the basic income tax band, and 24% if you're in the higher rate tax bracket. |
Type of Fee Remortgage fees (if applicable) | Description If you're changing the title deeds as part of a remortgage, you'll likely incur additional fees from your lender, such as valuation fees, legal fees, and arrangement fees. | Cost SAM's fees start from £413 for a Transfer of Equity with a remortgage. |
Our brokers will present the best options available to you, for any type of mortgage, including:
- First-time buyers, home movers and buy-to-lets;
- Employed; self-employed or director mortages;
- Mortgages for non-UK residents or non-UK citizens;
- Bridging loans;
- Bad credit mortgages;
- Guarantor mortgages;
- Joint borrower, sole proprietor mortgages; and
- Absolute, Possessory, Good, or Qualified Title.
Factors affecting the cost of changing title deeds
Location of property
Legal fees can vary slightly depending on the region. Solicitors in areas with higher property values, like London or certain parts of the South East, may charge higher fees than those in other regions.
For example, a straightforward Transfer of Equity might cost £500 in one area but £750 in another, purely due to regional differences in legal fees.
If you choose to instruct SAM, though, we work on a fixed-fee basis no matter where you are in the country.
Complexity of the case
This is often the most significant factor affecting cost and can be broken down into the following areas.
Removing restrictions
If there are restrictions on the title (e.g., restrictions on building extensions or changing the use of the property), removing them requires additional legal work.
Imagine a scenario where a property has a restriction preventing it from being used as a business. If the new owners want to run a small business from home, they'll need to apply to have this restriction removed, which involves extra legal work.
Dealing with boundary disputes
If there's a disagreement with a neighbour about the property boundaries, resolving this before or during the title transfer will add to the legal costs.
For instance, if a fence has been erected in the wrong place, determining the correct boundary and amending the title accordingly can be a lengthy and costly process.
Rectifying errors in the title
Sometimes, there are errors on the title deeds, such as incorrect names, dates, or property descriptions.
Correcting these errors requires extra work from the solicitor and incurs additional fees. For example, if the title deed incorrectly states the property's address or misspells the owner's name, this needs to be rectified with the Land Registry, which will add to the overall cost.
Dealing with unregistered land
If the property is unregistered, the process of first registration with the Land Registry is more complex and time-consuming than a simple transfer of already registered land. This will inevitably lead to higher legal fees.
Multiple parties involved
If multiple owners are involved in the transfer, like in shared ownership or inheritance between several beneficiaries, the process becomes more complex and can increase legal costs. Each party's interests need to be considered and documented, which requires more legal work.
Tenure of the property, is it freehold or leasehold?
Changing the title on a leasehold property is generally more complicated and therefore more expensive than changing the title on a freehold property.
This is because leasehold properties involve a lease agreement with a freeholder, and any changes to the title may require the freeholder's consent.
Obtaining this consent can add time and complexity to the process. For instance, if you're extending a lease or buying the freehold of a leasehold property at the same time as changing the title, this will involve significantly more legal work.
Why would someone need to change title deeds?
Gifting
Transferring ownership of all or part of a property as a gift.A name change at the Land Registry
Updating the registered owner's name due to marriage, deed poll, etc.
How would you change a title deed?
Transfer of Equity
This is the most common method for adding or removing a party from the title, often used in cases of marriage, divorce, or gifting.
Process: To initiate a Transfer of Equity, you'll typically need to complete a TR1 form (Transfer of Whole Registered Title) and submit it to the Land Registry. However, you will need legal assistance to ensure the transfer is handled correctly and to confirm your identity.
Next steps: Contact us today for a free, no-obligation quote to handle your Transfer of Equity. Our experienced solicitors offer fast completions for all types of transfers.
Probate transfer (assent)
This process transfers ownership of a property from a deceased person's estate to their beneficiaries. The person who died must have been the sole owner or last surviving owner of the home.
Process: Once probate is granted, an assent (form AS1) is used to transfer the property to the beneficiaries which is reflected at the Land Registry. You'll need a solicitor to help you with this.
Next steps: Contact us. Our specialist probate solicitors will guide you through the whole probate process from start to finish for a fixed fee with no hidden costs.
Land Registry first registration
This is required if the property is unregistered (i.e., not already registered at the Land Registry).
Process: First registration involves submitting various documents to the Land Registry, including proof of ownership and a plan of the property. This process can be intricate, and instructing a solicitor is often advised.
Next steps: Unsure if your property is registered? We can check for you and guide you through the first registration process. Contact us for a property title check and to speak with one of our Land Registry experts.
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What tax is payable on a Transfer of Equity?
You may have to pay transfer of equity stamp duty on the amount paid for the share being transferred, or the mortgage responsibility taken on, although often, transfers between spouses are exempt.
A Transfer of Equity involves changing the legal ownership of a property, typically by adding or removing someone from the title deeds.
While the act of changing the title itself doesn't automatically trigger all types of taxes, there are key tax implications to be aware of, primarily concerning Stamp Duty Land Tax (SDLT).
Here's a breakdown of how SDLT applies in common Transfer of Equity scenarios:
Stamp Duty when gifting
If you're gifting a share of your property to a spouse, civil partner, or other family member with no money changing hands, no SDLT is usually payable. This is because there's no "chargeable consideration."
For example, if you add your spouse's name to the title of your house after getting married and they don't pay you anything for that share, there's no SDLT to pay.
Stamp Duty when buying a share
If someone is buying a share of the property from another owner, SDLT may be payable on the amount they're paying for that share.
The SDLT rates will depend on the purchase price of the share and whether the buyer is a first-time buyer or already owns other property. For example, if you buy half of your partner’s property for £150,000, you will need to pay SDLT on that £150,000.
Stamp Duty when divorcing or separating
If a Transfer of Equity is part of a divorce or separation agreement, and one party is transferring their share to the other, SDLT is usually not payable, even if there's an exchange of money or other assets as part of the overall settlement. This is because transfers between separating spouses or civil partners are often exempt.
Stamp Duty when there's an existing mortgage
If there's an existing mortgage on the property, and the Transfer of Equity involves changing who is liable for the mortgage, this can sometimes have SDLT implications.
If the person taking on a larger share of the mortgage is considered to be giving “consideration” this may trigger SDLT. It is best to seek professional advice to ensure you understand the SDLT implications.
Capital Gains Tax
If the property is not your primary residence (i.e. an investment or buy-to-let property), Capital Gains Tax is payable.
The CGT tax-free allowance is £3,000 and the tax rate payable on profits is 18% if you're in the basic income tax band, and 24% if you're in the higher rate tax bracket.
How long does it take to change a title deed?
Typically, it takes around 12 weeks to update the Land Registry if you're transferring ownership or changing a name, with most applications complete within 5 months. Straightforward transfers of equity are usually processed much faster than more complex applications.
The timeframe can vary depending on the Land Registry's current workload and the complexity of the case. Some applications can take up to 11 or 12 months to complete, but this is an exception to the standard.
Would you like to run through your Land Registry needs with a really helpful person?
Call us at 0333 344 3234 or request a callback/email to answer your queries about our Land Registry application services. SAM's UK-based team will explain which of our solicitor services are required to make changes to the title.
There's no obligation to instruct. We'll make sure you understand your options and provide a free, fixed-fee quote for our best-value service to meet your needs. No robots, no call centres. Property challenges solved.
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