Find out how to create and submit an advance notice.
An advance notice is a document which we register when a transaction is pending.
It secures a placeholder for the registration application to arrive. It also provides certain protections for the deed for a stated period of time.
Digital advance notice submissions
We are now accepting digital uploads of advance notices for First Registration (FR) and Transfers of Part (TP).
You can:
- complete and download your advance notice in the usual way
- upload and submit your advance notice to us, with a plan if required
All advance notices must be paid for by direct debit, and plans must be in PDF format.
Digital submissions of Dealings of the Whole have not changed.
If you have an advance notice associated with a cheque payment, you should create and upload a new advance notice for the intended deed, using a FAS associated with a direct debit.
Advance notices guidance
Advance notices are used when one person intends to grant a deed to another that will be registered in the Land Register of Scotland: for example, a transfer of ownership or a loan.
An advance notice doesn't freeze the land register, but a deed to which an advance notice relates will be given preference for a defined period.
Under normal operating circumstances, this period lasts for 35 days.
This means that, during this period, the deed is protected from the implications of:
- another deed relating to the same land being granted to a third party that enters the register first
- an inhibition or other document registered in the Register of Inhibitions during the 35-day period
Extension to protection period
The Coronavirus (Scotland) Act 2020 came into force on 7 April.
Under the Coronavirus (Scotland) Act 2020, the period for advance notices is extended.
The start date of the notice will be shown in the usual way.
The end date will be one of the two options below depending on which is later.
The protection period will end either:
- 10 days after the Keeper declares the application record fully open
- 35 days starting on the day after the notice was entered into the application record
This extension includes hard copy notices submitted on or before the 24 March, but only where the protected period was still running at that point.
It also covers:
- any notice received while the Registers have been fully or partially closed since that date
- any new notices submitted after the legislation comes into force
ScotLIS
Advance Notices (and the time remaining until they expire) are displayed on ScotLIS.
The timer will start to count down from 35 days as normal. However, the clock will now stop at 11 days.
It will stay at this number until the application record fully re-opens. The 10 day period after that will then continue to tick down as normal.
Scotlis searches will continue to show all current advance notices.
Depending on when a notice was recorded it will be clear whether it is running on a normal 35 day rule or if it is running on the ten day plus one rule.
Requirements
You will need:
- a valid FAS account number
- an Online Services account
- details of the deed you intend to protect
Payment
Advance notices cost £10 to record in the sasine register or to enter in the land register application record.
The new system for digital submissions is unable to accept cheques as a method of payment. Users must have a direct debit account and FAS account in place.
Setting up a direct debit
Please fill out our pre-payment direct debit mandate form and required information form.
Send the original mandate form to your bank. Then send a scanned copy along with the required information form to creditcontrol@ros.gov.uk.
If you don't have a FAS account
To request a FAS account email creditcontrol@ros.gov.uk with the information below:
- contact name
- contact telephone number
- email address for statements
Accessing the advance notice form
You can access the advance notice form from the Online Services homepage.
Access the form via the ‘create an advance notice’ option.
Configuring the advance notice
To create an FR advance notice, answer 'no' to the question 'Are the subjects registered in the land register'.
To create an advance notice over whole or over part, answer 'yes' to this question.
You can then complete all the relevant fields.
Submitting the advance notice
How you submit your advance notice depends on the type of advance notice created.
Advance notice over whole
Advance notices relating to the whole of a registered plot are submitted to us when you submit the advance notice web form.
You will see a confirmation screen.
Advance notice over part
Advance notices relating to part of a registered plot must be completed online and then downloaded.
Once downloaded, navigate to the 'Upload an advance notice' option on the online services homepage.
Follow the on-screen instructions to upload your advance notice.
When complete, you will see a confirmation screen that your advance notice has been submitted.
Where appropriate, you must upload a plan showing the extent with the advance notice form.
There is no requirement to sign the advance notice (or any attached plan) prior to upload.
First registration advance notice
Advance notices for first registrations must be completed online and then downloaded.
Once downloaded, navigate to the 'Upload an advance notice' option on the online services homepage.
Follow the on-screen instructions to upload your advance notice.
When complete, you will see a confirmation screen that your advance notice has been submitted.
There is no requirement to sign the advance notice (or any attached plan) prior to upload.
You apply online for a discharge of an advance notice using the unique advance notice number that’s issued in the confirmation notification.
When you type in the advance notice number, the form will pre-populate with the details of the original advance notice.
You then submit the notice to RoS electronically, automatically removing the advance notice from the application record.
Discharge of an advance notice recorded in the sasine register
You can complete the form using the online system.
Once complete, you must complete and upload the discharge using the online system.
There is no requirement to sign the discharge prior to upload.
Submissions of advance notices over whole will receive an email confirming receipt from us.
The next day, we will enter the advance notice automatically on to the application record, and send a confirmation notification to the email address(es) provided.
The details of these advance notice will be viewable in the online services portal the following day.
Submissions of advance notices over part will be entered on to the application record the following day.
A confirmation email will be issued the day after that, when your advance notice will also be available on ScotLIS.
Submission of First Registration advance notices will be acknowledged by email the following day.
The day after that they will appear on the presentment book which can be accessed using ScotLIS.