Dematerialisation FAQs

Should I submit existing certificates with my application for registration?

No. From 22 January 2007, when the Land Registration (Scotland) Rules 2006 came into effect, existing certificates should no longer be submitted with an application for registration.

If I submit an application to transfer the Title to my clients, will I receive a Land Certificate?

Yes. In terms of the Land Registration (Scotland) Act 1979, a Land Certificate must be issued:

(1) Upon the creation of a new title sheet; and

(2) Upon the transfer of a registered interest which has its own title sheet – e.g. following the registration of a disposition or the assignation of a lease.

Note: Where two or more applications for transfer are processed at the same time, only one Land Certificate will be issued to the most recent transferee.

If an application is submitted to transfer part of my client's Title to another party, will I receive a Land Certificate in respect of my client's Title?

Yes. As well as issuing a Land Certificate in respect of the new Title Sheet for the part transferred, the Keeper will issue a Land Certificate for the existing Title, reflecting the change relating to the transfer of the part transferred from that Title.

If I submit an application to register my client's Standard Security, will I receive a Charge Certificate?

Yes. In terms of the Land Registration (Scotland) Act 1979, a Charge Certificate must be issued when a heritable security is registered.

If I submit an application to register a variation or other document affecting my client's Standard Security, will I receive an updated Charge Certificate?

No. In line with Section 5 of the Land Registration (Scotland) Act 1979, the Keeper will only issue a Charge Certificate when the security is registered. The Variation will be registered and the Title Sheet updated to reflect the effect of the registered document.

If I submit an application to register a Discharge of an outstanding Standard Security, will I receive an updated Land Certificate?

No. In line with Section 5 of the Land Registration (Scotland) Act 1979, the Keeper will only issue a Land Certificate upon the creation of a new title sheet; and the transfer of a registered interest which has its own title sheet.

I submitted an application to register a Discharge of an outstanding Standard Security which is shown as a prior ranking charge in my clients' Charge Certificate. Can their Charge Certificate be updated?

No. In line with Section 5 of the Land Registration (Scotland) Act 1979, the Keeper will only issue a Charge Certificate when the security is registered. The rule allowing Form 8 Applications for Certificates to correspond with the Title Sheet has been revoked by the Land Registration (Scotland) Rules 2006.

I submitted an application to register a Discharge of an outstanding Standard Security after I submitted my application to register a new Standard Security. Will the prior Standard Security be shown as a prior ranking charge in my clients' Charge Certificate?

Providing that the Keeper has not processed your initial application, and the two applications can be processed together, the prior ranking Standard Security will not be shown in the Charge Certificate.

To ensure that the Charge Certificate does not show the prior charge, please submit both applications at the same time.

If I submit an application to register a document for which a Land or Charge Certificate is not issued, how will I know that the document has been registered?

For paper applications, the operative deed will be stamped 'registered', and will be returned to you along with the fee receipt as confirmation that the registration process has been completed.

For artl applications, you will receive electronic confirmation that registration has been completed.

If you wish to see the updated Title Sheet, this can be viewed on Registers Direct, or an Office Copy can be ordered either from Registers Direct or on an Application Form 15.

I requested electronic Land and/or Charge Certificates, but was sent paper certificates. Why?

As noted in Registers Update 9.1, electronic certificates will not be available until changes are made to RoS’s computerised systems. A paper copy has therefore been supplied to you.

As more information becomes available, customers will be kept advised by future updates etc.

I have lost my Land and/or Charge Certificates. Can I order a Substitute Certificate?

No. The rule allowing the Keeper to issue a substitute certificate has been revoked.

If you wish a copy of the Title Sheet, an Office Copy can be ordered using an Application Form 15 or Registers Direct.

My application for registration has been completed, but I now have a query regarding the content of the Title Sheet.

(1) How should I make this enquiry?

Enquiries regarding the content of the Title must be made to the Keeper in writing.

(2) Should I return any certificates issued in respect of my application?

There is no need to submit any certificates with your enquiry.

If you do submit your certificates, they will either be returned to you or replaced by amended certificates.

(3) If there is an error in the Title, will the Keeper issue me with an amended certificate?

If a certificate was issued in respect of your application, a replacement certificate will be issued.

If your application did not result in the issue of a certificate, you will be advised in writing that the error in the Title has been corrected.

I submitted an application for registration prior to 22 January 2007. My application included the existing Land and/or Charge Certificates. What will happen to these certificates?

If your application:

(1) will result in the issue of an updated Land Certificate, your existing Land Certificate will be destroyed.

(2) discharges the security, the Charge Certificate will be destroyed and the discharged security deed returned to you.

(3) does not result in the issue of an updated certificate, your certificate(s) will be returned to you, but will not be updated.

I submitted an application for registration prior to 22 January 2007, but it was not returned until after this date and the changes to the Land Registration Rules. Why was my Land Certificate not updated?

It is the Land Registration (Scotland) Act 1979, section 5, which governs the issue of Land and Charge Certificates, not the Land Registration (Scotland) Rules 2006. The Keeper's view, as set out in Registers Update 9.1: www.ros.gov.uk/updates, is that a Land and Charge Certificate require to be issued in the following circumstances:

• A land certificate will be issued on each occasion that a transfer of title (e.g. disposition, lease, assignation) is registered.
• A charge certificate will be issued on each occasion that a standard security is registered.

On any other application, a certificate of title will not be issued. Instead the Keeper will confirm the completion of registration. For paper applications, this will mean that the operative deed will be stamped 'registered', and will be returned along with the fee receipt.

It is for this reason that you did not receive an updated Certificate.

I submitted an application for registration prior to 22 January 2007, but it was not returned until after this date. My Land Certificate was not updated. Can I receive a refund to my registration fee?

No. It is the Land Registration (Scotland) Act 1979, section 5, which governs the issue of Land and Charge Certificates. The changes to the fees brought about by "The Fees in the Registers of Scotland (Amendment Order) 2006", was not related to this change in practice.

An application has been made to rectify my client's Title. Will I receive a Land Certificate?

Yes. An amended certificate will be issued