Land Registry First Registration
- Since 1990, registering property has become compulsory under the Land Registration Act 2002. Your property could still be unregistered if you've owned it since then and haven't transacted it at all.
- Currently, any transaction involving a transfer of ownership, such as selling your house, will trigger the Land Registry compulsory first registration.
- First registration timescales can make this process last for up to 14 months, depending on how complex your case is.
- If you instruct us to act for your purchase, we will handle the first registration for you. The cost is included in our fixed fee quote.
What is first registration Land Registry?
When a property is unregistered, it means the Land Registry doesn't have any information about it on its record, such as ownership history, boundaries, restrictions, etc. This can be the case with older properties that haven't been purchased or sold in a long time.
Once your application is finalised, your property receives a title number and is added to the Land Registry search register, together with information about it, such as tenure, restrictions, charges etc.
Registering property with Land Registry for first time can be beneficial, as it reinforces your proof of ownership, giving an extra layer of protection against property fraud. It also makes it easier and quicker for future transactions to take place.
Land Registry Voluntary First Registration
- You voluntarily submit a Land Registry application for first registration.
- Reduced costs
- Applies to leasehold land or properties only if there are more than 7 years unexpired left on the lease term.
Land Registry Compulsory First Registration
- Compulsory first registration is triggered when you start a transaction on a property that is unregistered.
- Standard Land Registry Fees
- Triggered by any sort of transfer of ownership, whether sale, gift or inheritance, taking out a mortgage on the property or the death of the sole owner
- For the registration to be compulsory, the transfer of ownership must be made in exchange for money, as a gift or through a court order.
How to register an unregistered property
With compulsory first registration, you will most likely have a solicitor or conveyancer acting for you in the transaction. They will handle the Land Registry application for first registration and send across all the relevant documents concerning your property.
How to lodge a first registration?
If you register land or property for the first time and the application is voluntary, you need to:
- 1Submit the Land Registry application for first registration
You do this by filling in and submitting an FR1 Form . - 2Provide a title plan
When entering a Land Registry First Registration, the boundaries of the land/property you are registering must be clearly delimitated in either a plan on its own or a plan, postal address or another description inside the title deed. These options are listed in your FR1 Form. If you have paid off a mortgage which began before 1990, your mortgage lender may still hold the original title deed. You will need to obtain the title deed from the lender to register the property with the Land Registry. - 3Supply additional documents
The necessary documents will differ based on your circumstances, but they must always be listed in a list of documents form - 4Pay the Land Registry Fee
You can pay this by cheque or postal order. Read more - Land Registration Fees - 5Send everything to the Land Registry
If you instruct SAM Conveyancing for the purchase of an unregistered house, for example, a new build, we will handle the application for the first registration Land Registry. The cost is included in our fixed fee quote.
If a mortgage is registered on a property and it triggers compulsory first registration, your lender can apply for the title to be registered in your name, whether you consent to it or not. If first registration is compulsory, you are liable to submit your first registration application within 2 months of completion.
What to send to Land Registry on first registration?
Together with the FR1, list of documents, title plan and application fee, you also need to send the following documents:
- Title Deeds - together will any other document relating to your lease
- Proof of identity form - if you're not a solicitor, perhaps doing a Land Registry voluntary first registration
- Lease - if you're registering a leasehold, you must present your lease, both in original (if possible) and as a certified copy.
- Disclosable interests form -for unregistered interests not mentioned in the title deeds.
- Whole of registered title assent form - for inherited properties.
- Transfer of whole of registered title form - for purchased or inherited properties.
- Land Transaction Return certificate - if you've paid stamp duty.
How long does it take for a property to be registered with the Land Registry?
Your first registration application will take at least 13 months to process. According to the Land Registry official guidance, almost all applications are handled in 14 months, with the exception of more complex cases, which could take longer.
Until the Land Registry first registration is completed, the seller remains the legal owner as the property transfer only takes place on registration. This means that the seller holds the property on trust for the buyer until the property register is updated, but your transaction is protected from the moment of application.
If you are worried about delays, you will want an experienced conveyancing solicitor to handle your application for first registration, as the main cause for delay is when the Land Registry have to make requisitions for more paperwork due to missing or unclear information in the initial application.
What is a caution against first registration Land Registry?
A caution against first registration is submitted when a property or land is unregistered and someone else other than the legal owner claims an interest in it. This will not create or validate the claimed interest, but it will merely allow the person submitting it to be notified if a first registration application is ever started with the Land Registry.
If they have reasonable cause, they can oppose to the first registration taking place. For example, if a creditor obtains a charging order against you, they can secure it by registering a caution against first registration on your property. If you're ever trying to sell, the buyer's conveyancing solicitor will be able to spot this.
