Registration and Recording Fees — FAQs
The Fees in the Registers of Scotland Amendment Order 2010 amends the Fees in the Registers of Scotland Order 1995 and sets out the fees that RoS charge for its services. The 2010 Amendment Order comes into force on 10 January 2011 with the new fees applying to applications received on and after that date.
Index of Topics
- Dispositions, Standard Securities and Discharges
- Miscellaneous Deeds and Applications
- Long Leases and Assignations of Long Leases
- Other Conveyances or Transfers
- Voluntary Registration
- Applications Affecting More Than One Registered Title And/Or County In The Register Of Sasines
- VAT and Fees
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?
A. For dispositions submitted to the Land Register, or for recording in the General Register of Sasines, the fee is calculated on the consideration (including any VAT payable in respect of the consideration) or the value of the property affected, whichever is higher, based on Table A below. For example, if the consideration certified by the applicant is £250,000, then the registration fee will be £480. If the application is submitted via Automated Registration of Title to Land (ARTL) then Table B applies.
Consideration or value |
Table A Fee |
Table B Fee (ARTL only) |
|
|
£ |
£ |
£ |
Not exceeding |
50,000 |
60 |
50 |
|
100,000 |
120 |
90 |
|
150,000 |
240 |
180 |
|
200,000 |
360 |
270 |
|
300,000 |
480 |
360 |
|
500,000 |
600 |
450 |
|
700,000 |
720 |
540 |
|
1,000,000 |
840 |
660 |
|
2,000,000 |
1,000 |
800 |
|
3,000,000 |
3,000 |
2,500 |
|
5,000,000 |
5,000 |
4,500 |
Exceeding |
5,000,000 |
7,500 |
7,000 |
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?
A. The fee is fixed at £60 (£50 ARTL), unless the application for registration affects more than one title sheet, in which case the fee is £60 per title sheet affected. If the standard security is submitted to the General Register of Sasines, the fee is also £60, although a memorandum fee of £60 is chargeable per county if the deed is being recorded in more than one county.
Q3. What is the fee for an application for registration or recording of a discharge of a heritable security?
A. The fee is fixed at £60 (£50 ARTL), 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 £60 per title sheet or county affected.
Q4. What is the fee for an application for registration or recording of a deed of restriction of a heritable security?
A. The fee is fixed at £60, 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 £60 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?
A. No, there are no longer abated fees in these circumstances and all security related deeds are charged a fixed fee of £60 (£50 ARTL). 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 in the Land Register, 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?
A. The fee is fixed at £60 (£50 ARTL), 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 £60 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?
A. The fee is £60 (£50 ARTL), unless the deed affects more than one registered title or property in more than one county, in which case the fee is £60 per title sheet affected or £60 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?
A. The fee is £60, unless the deed affects more than one registered title or property in more than one county, in which case the fee is £60 per title sheet affected or £60 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?
A. The fee for dual registration is £60 per title sheet affected by the application for dual registration, or £60 per deed per county in the Register of Sasines.
Q10. What is the fee to register a Tree Preservation Order?
A. The fee is £60, unless the deeds affects more than one registered title or property in more than one county, in which case the fee is £60 per title sheet affected or £60 per county whichever is appropriate.
Q11. What is the fee to register or record a Notice of Potential Liability for Costs?
A. If application is made against more than one title sheet in the Land Register, the fee is £60 per title sheet; otherwise the fee will be £60 fixed. If the Notice is being recorded in the General Register of Sasines, then the fee is also £60, except where it is recorded in more than one county, in which case the fee is £60 per county.
Q12. What is the fee to register a Liferent interest in the Land Register?
A. The fee payable is £60 per title sheet affected by the application.
Q13. What is the fee to register or record a Guardianship Order?
A. The fee is £60, unless the deed affects more than one registered title or property in more than one county, in which case the fee is £60 per title sheet affected or £60 per county, whichever is appropriate.
Q14. What is the fee for a Form 5 application (noting of an overriding interest)?
A. The fee is £60 for each title sheet affected. 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.
Q15. What is the fee for a Form 9 application (rectification of the register)?
A. The fee is £60 for each title sheet affected. 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 Form 8 application (to update a land or charge certificate to correspond with the title sheet)?
A. 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.
Q17. What is the fee for a substitute land or charge certificate?
A. 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.
Q18. Does the £30 Rejection fee apply to all applications?
A. The £30 Rejection fee only applies to Land Register applications. It also applies to Land Register personal presentments that have to be rejected. If a personal presentment is rejected then the £15 personal presentment fee will not apply.
3. Long Leases and Assignations of Long Leases
Q19. How do I calculate the fee for registration of the grant of a long lease in the Land Register?
A. 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. For example, if the annual rent in year 1 is £10,000, but in terms of the lease the rent 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 £480.
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 is ignored for the purposes of calculating the registration fee.
Q20. How do I calculate the fee to register the assignation of a tenant's interest in a long lease?
A. 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). 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 £360 in terms of Table A (see Q1).
Q21. What is the fee for a renunciation of the tenant's interest in a long lease?
A. The fee is based on the value of the interest in land transferred by the renunciation, or the consideration paid for the renunciation, whichever is the higher, based on Table A above.
4. Other Conveyances or Transfers
Q22. What is the fee to register a Contract of Excambion?
A. 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. For example, if Property A and Property B are exchanged and each property is worth £120,000, then the fee for each application will be £240, a total of £480 in terms of Table A of the Fee Order (see Q1).
Q23. What is the fee for recording a Notice of Title in the General Register of Sasines?
A. 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). 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 £60 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 £60 is charged.
Q24. What is the fee for an application to give effect to the operation of a survivorship destination in the Land Register?
A. The fee is £60 per title sheet affected by the application.
5. Voluntary Registration
Q25. What is the fee for a voluntary first registration in the Land Register?
A. Assuming that the Keeper agrees to accept your application for voluntary registration (see Registration of Title Practice Book 2nd Edition for guidance), then your application for first registration of an unregistered interest in land will be charged in the same way as a normal first registration, based 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 County In The Register Of Sasines
Q26. What fees are to be charged if an application for registration in the Land Register affects more than one title?
A. A main fee is charged for the first title number and £60 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 £120 for the two additional title sheets affected.
Q27. What fees are charged for recording a deed by memorandum in the General Register of Sasines?
A. The fee for recording a deed in an additional county or counties is £60 per county.
Q28. Is there a special fee for single transaction 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?
A. The Fees in the Registers of Scotland Amendment Order 2010 did not contain this provision. This means that each deed submitted is charged on its own merit with no special provision for single transactions submitted over a number of deeds.
7. VAT and Fees
Q29. Do I include Value Added Tax charged on consideration or rent when calculating fees?
A. Yes, where the fees chargeable are calculated based on the consideration for a transaction or the rent chargeable in respect of a lease, then if VAT is chargeable on that consideration or rent, it should be included in the calculation.
