Notifications

This section covers a wide range of frequently asked questions that focus on how we're changing our systems and processes to meet the requirements of the 2012 Act regarding certificates and notifications.

Section A: Certificates, extracts and copies

Q1. Will the Keeper still issue me with a Land Certificate when my application for registration is complete?

No. Land and Charge Certificates are not retained under the Act. The Keeper is however under a duty to notify both the applicant and granter of the deed once registration is complete. In practice, the Keeper expects to notify the solicitors acting on behalf of the applicant and granter in most cases, and this alone will be sufficient to satisfy the notification requirements. See Section B, Q.7 for other parties the Keeper may notify. The Keeper will provide this notification by email and will make available a PDF version of the updated title sheet and cadastral map as part of the notification. This will allow parties to see that the application has been given effect to. See Section B,Q.18 for the reliance that can placed upon this PDF of the updated title sheet and Section B, Q.13 for details of how long this PDF will be available for viewing. It will also be possible for a person to request an extract of the title sheet, part of the cadastral map or a document in the archive record, as provided for in section 104(1), or to request a certified copy of an application or advance notice in the application record, as provided for in section 104(2). Plain copies of these will also be available. See Q.3 below for further details about extracts, certified copies and plain copies.

Q2. Will the Keeper still issue a Charge Certificate when an application to register a standard security is completed?

No. Land and Charge Certificates are not retained under the Act. The Keeper is however under a duty to notify both the applicant and granter of the standard security once registration is complete. In practice, the Keeper expects to notify the solicitors acting on behalf of the applicant and granter in most cases, and this alone will be sufficient to satisfy the notification requirements. See Section B, Q. 7 for other parties the Keeper may notify. The Keeper will provide parties with
a PDF version of the updated title sheet as part of the notification. This will allow parties to see that the application has been given effect to and will disclose the standard security as well as any prior ranking charges. See Section B, Q.18 for the reliance that can placed upon this PDF of the updated title sheet and Section B, Q.13 for details of how long this PDF will be available for viewing.


It will also be possible for a person to request an extract of the title sheet, part of the cadastral map or a document in the archive record, as provided for in section 104(1), or to request a certified copy of an application or advance notice in the application record, as provided for in section 104(2). Plain copies of these will also be available. See Q.3 below for further details about extracts, certified copies and plain copies.

Q3: Is there a replacement for Land and Charge Certificates?

No. There is no provision under the Act equivalent to section 5(2) and (3) of the 1979 Act, which is repealed on the designated day. However under section 104(1) of the 2012 Act it will be possible for a person to request an extract of the title sheet, part of the title sheet, part of the cadastral map, a document in the archive record, or part of such a document. Under section 104(2) it will also be possible to request a certified copy of an application or advance notice in the application record, or part of any other document in that record. The Keeper currently provides office copies that can be used for court purposes however it is only possible to obtain an office copy of the title sheet or a document referred to in the title sheet. In place of office copies, under section 104 it will be possible to obtain extracts of the title sheet, part of the cadastral map and of other documents in the archive record or certified copies of documents in the application record. Both extracts and certified copies will have the evidential status required for court purposes (in terms of section 105). Plain copies will also be available in place of the current quick copy service. A plain copy will essentially be a print of the title sheet, part of the cadastral map, or document in the archive record or application record. Plain copies are provided for in article 2 of The Registers of Scotland (Information and Access) Order 2014. These copies will not have the evidential status of extracts or certified copies. The Keeper will make available a PDF version of the updated title sheet and cadastral map as part of the electronic acceptance notification sent at the end of the registration process. This means it will be possible for the applicant to check that their application has been given effect to by the Keeper without the need to request an extract or plain copy of the title sheet. See SectionB, Q.18 for the reliance that can placed upon this PDF of the updated title sheet and Section B, Q.13 for details of how long this PDF will be available for viewing.

Q4. Will the Keeper continue to issue Land and Charge Certificates for applications that are received prior to the designated day but completed afterwards?

Yes. Notwithstanding that sections 5(2) and (3) of the 1979 Act will be repealed on the designated day, the transitional provisions contained in schedule 4 of the Act make provision for applications received before the designated day. In effect those applications will continue to be dealt with by the Keeper under the 1979 Act scheme and the Keeper will continue to issue Land and Charge Certificates upon completion of those applications.

Q5. The Act makes specific provision for extracts and certified copies but will there be an equivalent quick copy service?

Yes. Although the Act only makes specific provision for extracts and certified copies the Keeper understands that there may be circumstance where customers would prefer a quicker and cheaper alternative. Therefore the Keeper will provide on request a "plain copy" of a title sheet, part of a title sheet, part of the cadastral map, a document, or part of a document, from the archive record, an application or advance notice in the application record, or any other document in that record. Plain copies are provided for in article 2 of The Registers of Scotland (Information and Access) Order 2014. The fee prescribed in The Registers of Scotland (Fees) Order 2014 for an extract or certified copy is £30 plus VAT and for a plain copy is £16 plus VAT.

Q6. How do I request an extract, certified copy or plain copy?

The Keeper will provide a request form for extracts, certified copies and plain copies. Since section 104 does not set out that a form must be used the Keeper will make clear that use of the form is optional. However the Keeper hopes to encourage use of the new form which will act as a useful guide to customers to ensure that all necessary information is provided to allow the Keeper to provide the extract, certified copy or plain copy. It is intended that the form be available through the Registers of Scotland website in order to make the process as efficient as possible.

Q7. Will an extract or plain copy of the title sheet include the relevant part of the cadastral map?

No. The title sheet record and cadastral map are separate parts of the register in terms of the 2012 Act and, under section 104, separate provision is made for requesting an extract of the title sheet and for requesting an extract from the cadastral map. Therefore where an extract or plain copy of the title sheet is requested this would not automatically include the relevant part of the cadastral map.
However the Keeper understands that in most cases it will be necessary for the customer to see both together. Therefore the Keeper will give customers the option to request an extract or plain copy of the title sheet and cadastral map together as a single product. This option will be listed clearly on the relevant order forms to avoid confusion and it will attract the same fee as a request for the title sheet only or the cadastral map only. The fee prescribed in The Registers of Scotland (Fees) Order 2014 for an extract of a title sheet and part of the cadastral map is £30 and the fee for a plain copy is £16.

Q8. Will there be a limit on the number of cadastral units than an extract or plain copy from the cadastral map can be requested over?

Yes. The Keeper has introduced a limit of one cadastral unit per extract or plain copy from the cadastral map, as set out in article 3 of The Registers of Scotland (Information and Access) Order 2014. This is because where two or more cadastral units are displayed and where there are reciprocal rights and burdens affecting each unit the references would become obscured by the other overlapping tints and hatches. In many cases the resulting extract or plain copy would be unintelligible and this could cause problems if then relied upon in terms of the compensation provisions under section 106.

Q9. Can I use an extract or certified copy for court purposes?

Yes. Section 105 provides that an extract or certified copy is to be accepted for all purposes as sufficient evidence of the contents of the original, and of any matter relating to the original which appears in the extract or certified copy. This means that from the designated day it will be possible to rely on an extract of a document contained in the archive record in court. At present only office copies have the requisite evidential status and it is only possible to obtain an office copy of a document referred to in a title sheet.

Q10. How will extracts and certified copies be authenticated?

Under the Act the Keeper can authenticate an extract or certified copy as she considers appropriate in terms of section 104(6). The Keeper will authenticate extracts by way of the existing Land Register seal, and a statement referring to section 105 (evidential status) will be added. Certified copies will also be sealed and will be certified by way of a signature.

Q11. Will the Keeper issue extracts, certified copies and plain copies electronically?

The Keeper may authenticate an extract or certified copy as she considers appropriate in terms of section 104(6). The Keeper may also issue the extract or certified copy as an electronic document if requested. However the courts do not currently have the capacity to receive extracts or certified copies electronically. Therefore if the Keeper were to apply digital signatures to those documents it would be of no practical utility since the person relying upon the electronic extract or certified copy would have to print it off in order to present it in court. Once printed off the document becomes a mere copy of the original and would therefore lose its evidential status. For that reason, the Keeper does not propose issuing extracts or certified copies electronically until such time as the courts can receive them electronically. Until then, if a person requires an extract or certified copy a paper version will be provided. The Keeper will provide plain copies electronically where requested.

Q12. Will the use of "copy in certificate" continue for certain entries in the title sheet post-designated day?

Under section 10(3) the Keeper can "incorporate by reference" a document in the archive record or a deed in any other register under the management or control of the Keeper or of the Keeper of the Records of Scotland. This provision allows the Keeper to continue the current copy in certificate practice from the designated day. Where a person requests an extract or plain copy of a title sheet that "incorporates by reference" a certain deed, a copy of that deed will be included as part of the extract or plain copy, for no additional fee.

Q13. Where a deed is "incorporated by reference" will an extract or plain copy of the title sheet include a copy of that deed?

Yes. The Act allows the Keeper to "incorporate by reference" in a title sheet a document in the archive record or a deed in any other register under the management or control of the Keeper or of the Keeper of the Records of Scotland. Where a deed has been incorporated by reference in a title sheet a copy of that deed will be included in an extract or plain copy of that title sheet for no additional fee.

Q14. Will I be able to request an extract or plain copy of the title sheet as part of my application for registration?

No. The new application form does not provide the applicant with the option to request an extract or plain copy of the title sheet at the same time as applying for registration. The Keeper will however provide a PDF version of the updated title sheet with the notification of acceptance, therefore an extract or plain copy of the title sheet should not be necessary. See Section B, Q.18 for the reliance that can placed upon this PDF of the updated title sheet and Section B, Q.13 for details of how long this PDF will be available for viewing.

Section B: Acknowledgements and notifications

Q1: Will the Keeper still send an acknowledgement when my application is taken on?

Yes. Although the Act does not provide for acknowledgements when an application for registration is entered on to the application record, the Keeper understands that it is important for customers. Therefore the Keeper has made provision for the acknowledgement of applications for registration in regulation 11 of The Land Register Rules etc. (Scotland) Regulations 2014.

Q2: How will the Keeper send the acknowledgement and what information will it contain?

The Keeper will send acknowledgements by electronic means only. If a valid email address is not supplied, no acknowledgement will be sent. The acknowledgement will include the same information that is currently provided: the type of deed to be registered, the names of the parties, the date of application, the application number, the title number or provisional title number, and the particulars of the plot of land or subjects of lease.

Q3: Will I have to request an extract or plain copy of the title sheet in order to check that my application for registration has been given effect to?

No. The Keeper is bound to notify both the applicant and granter of the deed (or their respective agents) that the application has been accepted on to the land register, i.e. that registration is complete. As part of this notification the Keeper will provide the parties with a PDF version of the updated title sheet by way of an electronic link. This will allow the applicant to check that their application has been given effect to by the Keeper without the need to request an extract or plain copy of the title sheet. See Q.18 for the reliance that can placed upon this PDF of the updated title sheet and Q.13 for details of how long this PDF will be available for viewing.

Q4: How will I know if my application for registration has been accepted?

Section 40 places a duty on the Keeper to notify certain persons upon the acceptance of an application for registration. Both the applicant and the granter of the deed must be notified. In practice, the Keeper expects to notify the solicitors acting on behalf of the applicant and granter.

Q5: How will the Keeper notify me that my application has been accepted or rejected?

The Act provides that notification is to be "by such means as the Keeper considers appropriate". The Keeper proposes to notify by electronic means only therefore a valid email address or addresses must be provided on the application form. As part of the acceptance notification the Keeper will include an electronic link to a PDF version of the updated title sheet. This will allow the parties involved to check that the application for registration has been properly given effect to. See Q.18 for the reliance that can placed upon this PDF of the updated title sheet and Q.13 for details of how long this PDF will be available for viewing.

Q6: How will the Keeper notify the granter of the deed?

In relation to an application for registration the Keeper will issue a notification of acceptance by electronic means only. Therefore the Keeper will rely on the applicant to provide a valid email address for the granter on the application form. In most cases this will be the email address for the granter's agent. Stakeholders involved in the informal engagement process expressed the view that as agents for the applicant they would be willing to provide an email address on behalf of the granter's agent. Notifications of acceptance will be by way of a standardised email sent to both the applicants and granters or their agents for the application. Both will contain an electronic link to a PDF version of the updated title sheet.

Q7: Apart from the applicant and granter will the Keeper notify anyone else upon completion of the application for registration?

On acceptance of an application for registration the Keeper can notify "any other person the Keeper considers appropriate". The Keeper has not specified other persons to be notified in the new Land Register Rules, in order to allow for flexibility, however she will have discretion depending on the circumstances of a particular application. However in most cases the Keeper will only notify those persons noted on the application form.

Q8: Will the electronic notification consist of an email with the title sheet as a PDF attachment?

No. Our notifications system will automatically generate the notification and send it via email. The email will contain a link that will take the notified person, via a browser, to a web page, or "landing page" which will link to a PDF version of the title sheet and any other notifications, for example, the acknowledgement. Where the notification relates to an application that has been rejected the notifications system will send a PDF of the rejection letter, which will contain further details as to the reason for rejection. See Q.13 for details of how long this PDF will be available for viewing.

Q9: What happens if an email address is not provided for the applicant or the granter?

The failure to provide an email address for either the applicant or granter (or their respective agents) will not result in rejection of the application. However the 2012 Act sets out at section 40(6) that a failure to comply with the notification provisions does not affect the competence or validity of the acceptance, rejection or withdrawal in question, therefore if no email address is provided the Keeper will proceed to register but will not notify. A failure to provide an email address will also mean that no acknowledgement that the application has been taken on to the application record will be sent.

Q10: Will there be a limit to the number of email addresses I can include on the application form?

There will be a maximum limit of two email addresses per person to be notified. It is important to note that once an acceptance notification is received the PDF version of the title sheet can be saved locally and forwarded on by the notified person as appropriate.

Q11: Will the email addresses supplied on the new application forms be used for future notifications?

No. Current email addresses for parties to be notified should be provided on each application form. Where the Keeper must notify outwith the context of an application for registration, for example, where a person has been materially affect by a rectification, the Keeper intends to notify by post to the last known address. This is because the Keeper cannot be certain that the email address from a prior registration is still valid and up to date

Q12: Will I be able to save locally the updated title sheet contained in my notification?

Yes. The notifications system will email an electronic link (URL) to the persons to be notified upon acceptance of the application for registration. The link will take the notified person to a "landing page" relative to that application and from there they will be able to view a PDF version of the title sheet. The person can then save the PDF locally if they choose, and once saved locally the document could be sent on as appropriate, for example, to a client. Obviously the PDF will be a mere snap-shot of the title sheet as of the date it is issued.

Q13: Will the link I receive as part of my notification be available indefinitely?

The link contained in the notification will take the person notified to a "landing page" relative to that particular application for registration. The landing page will show the history of notifications for that application, which in most cases will either be the acknowledgement and acceptance notification, or the acknowledgement and rejection notification. Where the application is accepted the person notified will also be able to view a PDF version of the title sheet from the landing page. Where the application has been taken on and subsequently rejected the person will be able to view a PDF of the rejection letter.

The link (URL) will be available for 50 days after the notification email is sent and the link will be accessible as often as required during that period. However it is important to note that the PDF of the title sheet will only be correct as at the date it is issued, and any person wishing to view the current state of that title sheet would need to do so through the usual channels, either via Registers Direct or the Customer Service Centre.

Q14: Will I be able to forward the notification link to my client?

Yes. Once provided with the electronic link to the PDF version of the updated title sheet the person notified will be free to send on the link as they see fit. However the updated title sheet is merely a snap-shot of the title position as at that date. See Q.13 for details of how long this PDF will be available for viewing.

Q15: Will each acknowledgement or notification contain a file reference so that I can associate it with the appropriate application?

The Keeper will ensure that the application is easily identifiable from the acknowledgement or notification. For instance the acknowledgement will contain details of the parties, subjects, deed, title number, date of application and application number. However since the notifications will be standardised and sent to all relevant parties it will not be possible for a unique file reference to be included.

Q16: Will my notification containing a PDF version of the title sheet also include the relevant part of the cadastral map?

Yes. The Keeper understands that when checking the updated title sheet to see that the Keeper has given proper effect to the application for registration it will be important to view the relevant part of the cadastral map.

Q17: Will the PDF version of the title sheet contained within my notification email be the same as what will appear on Registers Direct?

Yes. The process of registering the deed in question and making up the title sheet will be carried out on the Keeper's existing land registration system. The PDF of the title sheet that will appear on the notifications landing page and the title sheet available through Registers Direct will both be taken directly from the same source system. Obviously the PDF contained on the landing page will essentially be a snap-shot of the title position as at that date, therefore in order to check the title position at a later date, a search on Registers Direct or through the Keeper's Customer Service Centres would be necessary.

Q18: Will the Keeper's warranty cover the notification and more particularly the provision of the PDF of the title sheet?

No. The Keeper will only warrant to the applicant upon accepting an application for registration only that the title sheet is accurate in so far as it shows the acquisition, variation or discharge in their favour, and not inaccurate in so far as there is any encumbrance omitted from it. However section 106(1)(b) provides that a person is entitled to be compensated by the Keeper in respect of loss suffered as a consequence of the provision of information as to the contents of the register that is incorrect.

Q19: What information will be included in a rejection notification?

The exact content of a rejection notification has not yet been confirmed however the Keeper intends to set out the reasons for rejection in each particular case. This may include reference to the particular condition under sections 21 to 28 that the application failed to meet. It is hoped this will help the applicant to address the issue and submit a successful subsequent application.

Where the application is rejected after it has been taken on to the application record the notification will include a link to a PDF of a rejection letter, detailing the rejection reason. This standardised rejection notification, as with all notifications, will be sent to all applicants and granters for that application. As with the link to the PDF version of the title sheet, this letter could be saved locally by the person notified if required.

The Keeper intends to notify electronically where an application is rejected prior to being taken on to the application record. This is currently being considered further and the Keeper will provide further information on this in early course.

Q20: How will the Keeper notify in circumstances where an electronic notification is not possible?

In terms of section 40(4) the Keeper proposes that notification of the acceptance, rejection or withdrawal of an application for registration is to be by electronic means only (see Q19, "What information will be included in a rejection notification?" regarding rejections taking place prior to an application being entered on to the application record). However the Keeper also has a duty under the 2012 Act to notify in other circumstances:

  • Section 41(1)(a) sets out that the Keeper must notify the proprietor of the plot of land where automatic plot registration has taken place under section 25. This is where an application to register a certain deed, for example, a long lease, sublease or assignation of unregistered lease, will trigger first registration of the ownership plot of land;
  • Section 41(1)(b) sets out that the Keeper must notify the proprietor where she registers a unregistered plot of land by virtue of the Keeper induced registration power under section 29;
  • Section 45(1) sets out that the Keeper must notify certain persons before accepting a prescriptive claimant application; and
  • Under section 80(4)(b) the Keeper must give notice to any person who appears to be materially affected by a rectification.

Since the Keeper will rely on historical information from the existing title sheets or from the Register of Sasines in many of the situations above, it will not necessarily be possible to notify electronically. Therefore in cases where no email address is available the Keeper will notify the person by post to their last known address.

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