CUSTOMER
SERVICES FAQs
THE FEES IN THE REGISTERS OF SCOTLAND AMENDMENT ORDER
2006
NB. This Note does not deal with
• the fees for applications for registration made using ARTL or
• the fees for reports provided by Registers of Scotland.
1. Dispositions, Standard Securities and Discharges
Q1 What is the fee for an application to register a disposition
in the Land Register? Is there a difference for dispositions submitted
for recording in the General Register of Sasines?
For
dispositions submitted to the Land Register, or for recording
in the General Register of Sasines, the fee is calculated on the
consideration for the transaction or the value of the property
affected, whichever is higher, based on Table A below. So, if
the consideration certified by the applicant is £250,000, then
the registration fee will be £400.
| Table A |
| Consideration or value £ |
Fee £ |
| Not exceeding |
50,000 |
30 |
| " |
100,000 |
100 |
| " |
150,000 |
200 |
| " |
200,000 |
300 |
| " |
300,000 |
400 |
| " |
500,000 |
500 |
| " |
700,000 |
600 |
| " |
1,000,000 |
700 |
| " |
2,000,000 |
1,000 |
| " |
3,000,000 |
3,000 |
| " |
5,000,000 |
5,000 |
| Exceeding |
5,000,000 |
7,500 |
Q2 What is the fee for the registration in the Land Register
or for the recording of a standard security in the General Register
of Sasines?
The fee is fixed at £30, unless the application for registration
affects more than one title sheet, in which case the fee is £30
per title sheet affected. If the standard security is submitted
to the General Register of Sasines, the fee is also £30, although
a memorandum fee of £30 is chargeable per county if the deed is
being recorded in more than one county.
There
is no longer an ad valorem table (formerly Table B) for calculating
the fees for heritable securities, discharges and related deeds.
Q3 What is the fee for application for registration or recording
of a discharge of a heritable security?
The
fee is fixed at £30, unless the discharge is registered against
more than one title sheet or is being recorded in more than one
county, in which case the fee is £30 per title sheet or county
affected.
Q4 What is the fee for application for registration or recording
of a deed of restriction of a heritable security?
The
fee is fixed at £30, unless the deed of restriction is registered
against more than one title sheet or is being recorded in more
than one county, in which case the fee is £30 per title sheet
or county affected.
Q5 Are there abated fees for standard securities or discharges
presented with a conveyance of the same interest in land?
No,
there are no longer abated fees in these circumstances. However,
all security related deeds are charged a fixed fee of £30. This
is charged per title sheet affected by an application in the Land
Register, or in respect of land which has yet to be registered,
per county affected by a memorandum.
Q6 What is the fee for application for registration or recording
of an assignation of a heritable creditor's interest in a heritable
security or securities?
The
fee is fixed at £30, unless the assignation is registered against
more than one title sheet or is being recorded in more than one
county, in which case the fee is £30 per title sheet or county
affected.
2. Miscellaneous Deeds and Applications
Q7 What is the fee to register or record a Notice of Payment
of Improvement or Repairs Grant?
The
fee is £30, unless the deed affects more than one registered title
or property in more than one county, in which case the fee is
£30 per title sheet affected or £30 per county, whichever is appropriate.
Q8 What is the fee to register a Deed of Conditions in the
Land Register or the General Register of Sasines?
The
fee is £30, unless the deed affects more than one registered title
or property in more than one county, in which case the fee is
£30 per title sheet affected or £30 per county, whichever is appropriate.
Q9 What are the fees for dual registration of a disposition
or other deed which sets out new real burdens?
The
fee for dual registration is £30 per title sheet affected by the
application for dual registration, or £30 per deed per county
in the Register of Sasines.
Q10 What is the fee to register a Tree Preservation Order?
The
fee is £30, unless the deeds affects more than one registered
title or property in more than one county, in which case the fee
is £30 per title sheet affected or £30 per county whichever is
appropriate.
Q11 What is the fee to register or record a Notice of Potential
Liability for Costs?
If
application is made against more than one title sheet in the Land
Register, the fee is £30 per title sheet; otherwise the fee will
be £30 fixed. If the Notice is being recorded in the General Register
of Sasines, then the fee is also £30, except where it is recorded
in more than one county, in which case the fee is £30 per county.
Q12 What is the fee to register a Liferent interest in the
Land Register?
The
fee payable is £30 per title sheet affected by the application.
Q13 What is the fee for a Form 5 application (for noting
of an overriding interest or other information)?
The
fee payable is £30 per title sheet affected by the application.
A Form 5 application does not have to be accompanied by the fee,
as it is not subject to the statutory requirement for pre-payment.
Q14 What is the fee for a Form 8 application (to update a
land or charge certificate to correspond with the title sheet)?
With
effect from 22 January 2007, as a result of the Land Registration
(Scotland) Rules 2006, it will no longer be possible to submit
a Form 8 application. As a consequence, the 2006 Fee Amendment
Order makes no provision for a fee for a Form 8 application.
Q15 What is the fee
for a Form 9 application (for rectification of the Land Register)?
The
fee payable is £30. A Form 9 application does not have to be accompanied
by the fee, as it is not subject to the statutory requirement
for pre-payment.
Q16 What is the fee for a substitute land or charge certificate?
With
effect from 22 January 2007, as a result of the Land Registration
(Scotland) Rules 2006, it will no longer be possible to apply
for a substitute land or charge certificate. As a consequence,
the 2006 Fee Amendment Order makes no provision for a fee for
an application for a substitute certificate of title.
3. Long Leases and Assignations of Long Leases
Q17 How do I calculate the fee for registration of the grant
of a long lease in the Land Register?
To
calculate the sum the registration fee is payable on, multiply
the highest annual rent (including VAT if applicable) payable
in the first five years of the lease by 10, then add any premium
and VAT thereon, if applicable. So, if the annual rent in year
1 is £10,000, but in terms of the lease this will rise to £30,000
in year 3, then the rent required for the calculation of the fee
is £30,000. Assuming that there was no premium or VAT applicable
the fee is based upon £300,000 and in terms of the Table A of
Fee Order, is £400.
Where the lease determines that a review of the rent will take
place within the first five years, but the rent which will be
payable as a result of the review cannot be ascertained, the rent
review should be ignored for the purposes of calculating the registration
fee.
Q18 How do I calculate the fee to register the assignation
of a tenant's interest in a long lease?
To
calculate the sum the registration fee will be payable on, multiply
the annual rent (including VAT if applicable) payable at the time
of the application for registration, multiply this by 10 and add
any premium and VAT thereon, if applicable. Then apply Table A
(see Q1 above). For example, if the annual rent payable at the
time you apply to register the assignation is £15,000, and there
is a premium for the assignation of £50,000, then multiply £15,000
by 10, and add the premium, which is a total of £200,000. The
fee in this example would be £300 in terms of Table A (see Q1
above).
4. Other Conveyances or Transfers
Q19 What is the fee to register a Contract of Excambion?
All
excambions (whether carried out by a single deed or by more than
one deed) induce first registration in the Land Register. The
registration fees are the same whether the excambion is carried
out in one deed or in more than one deed. A fee is charged for
each application for registration, each fee being based on the
value of the interest in the application. So, if Property A and
Property B are exchanged and each property is worth £120,000,
then the fee for each application will be £200, a total of £400
in terms of Table A of the Fee Order (see Q1 above).
Q20 What is the fee for recording a Notice of Title in the
General Register of Sasines?
In
most cases, the fee is based on the value of the subjects affected
by the Notice of Title in accordance with Table A (see Q1 above).
Where a Notice of Title is submitted for recording in the General
Register of Sasines on behalf of a local authority as statutory
successor to a previous local authority (and other public bodies,
such as fire and rescue boards, valuation authorities or Health
Boards) a fee of £30 is charged. Where a Notice of Title is recorded
along with a grant of lease or servitude, affecting the whole
or any part of the same subjects, a fee of £30 is charged.
Q21 What is the fee for an application to give effect to
the operation of a survivorship destination in the Land Register?
The
fee is £30 per title sheet affected by the application.
5. Voluntary Registration
Q22 What is the fee for a voluntary first registration in
the Land Register?
All
applications for first registration of an unregistered interest
in land are charged on the value of the interest in land being
registered in accordance with Table A (see Q1 above).
6. Applications Affecting More Than One Registered Title And/Or
Property In The Register Of Sasines
Q23 What fees are to be charged if an application
for registration in the Land Register affects more than one title?
A main fee is charged for the first title number and £30 for each
additional title number affected by the application. So, if you
apply for registration in respect of a disposition which affects
three title numbers, then the total fees will be based on the
amount of the consideration or the value of the land transferred
whichever is the greater plus £60 for the two additional title
sheets affected.
Q24 What fees are charged for recording a deed by memorandum
in the General Register of Sasines?
The
fee for recording a deed in an additional county or counties is
£30 per county.
Q25 What is the fee for a single transaction (not including
an Excambion) which will result in a number of separate applications
to the Land Register and/or a number of deeds presented for recording
in the General Register of Sasines?
Where
the Keeper has been made aware in advance of the presentation
of applications for recording or registration, of the nature of
a transaction, it is possible for fee(s) to be paid as follows
• the fee for the first application in the Land Register or the
first deed presented in the Register of Sasines is based on the
total value of the land affected by the transaction, plus a fixed
fee for every other title sheet (or county) affected by that first
application or deed, and
• for each subsequent application in the Land Register or related
deed presented in the General Register of Sasines, a fee of £30
for each title sheet affected and each related deed presented
in the Register of Sasines
Applicants should already have contacted the Edinburgh Customer
Service Centre, to ensure that the Keeper agrees to the applicability
of this provision in their case, prior to submitting their application.
Registration Officers should refer to their team leader where
they are in any doubt.
7. VAT and Fees
Q26 Do I include Value Added Tax charged on consideration
or rent when calculating fees?
Yes, fees
must be paid on the consideration or rent, inclusive of VAT.
