The Land Registration Fee Order 2004

Publication Date:January 01, 2004
 
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2004No. 595

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration Fee Order 2004

3rdMarch2004

9thMarch2004

1stApril2004

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 2002( 1), and with the consent of the Treasury, in exercise of the powers conferred on him by section 102 of that Act, hereby makes the following Order:

PART 1

General

Citation, commencement and interpretation

1. - (1) This Order may be cited as the Land Registration Fee Order 2004 and shall come into force on 1st April 2004.

(2) In this Order unless the context otherwise requires -

"account holder" means a person or firm holding a credit account,

"the Act" means the Land Registration Act 2002,

"charge" includes a sub-charge,

"credit account" means an account authorised by the registrar under article 14(1),

"large scale application" is as defined in article 6(1),

"monetary consideration" means a consideration in money or money's worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage),

"premium" means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,

"profit" means a profit a prendre in gross,

"rent" means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made,

"the rules" means the Land Registration Rules 2003( 2) and a rule referred to by number means the rule so numbered in the rules,

"Scale 1" means Scale 1 in Schedule 1,

"Scale 2" means Scale 2 in Schedule 2,

"scale fee" means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6),

"scale fee application" means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,

"share", in relation to land, means an interest in that land under a trust of land,

"surrender" includes a surrender not made by deed,

"voluntary application" means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).

(3) Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.

PART 2

Scale fees

Applications for first registration and applications for registration of a lease by an original lessee

2. - (1) The fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7 unless the application is -

(a) for the registration of title to a lease by the original lessee or his personal representative, where paragraph (2) applies,(b) a voluntary application, where paragraph (6) applies, or(c) a large scale application, where article 6 applies.

(2) The fee for an application for the registration of title to the grant of a lease by the original lessee or his personal representative is payable under Scale 1 -

(a) on an amount equal to the sum of the premium and the rent, or(b) where(i) there is no premium, and(ii) either there is no rent or the rent cannot be quantified at the time the application is made,

on the value of the lease assessed under article 7 subject to a minimum fee of £40,

unless either of the circumstances in paragraph (3) applies.

(3) Paragraph (2) shall not apply if the application is -

(a) a voluntary application, where paragraph (6) applies, or(b) a large scale application, where article 6 applies.

(4) The fee for an application for the first registration of a rentcharge is £40.

(5) The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.

(6) The fee for a voluntary application is the fee which would otherwise be payable under paragraphs (1) and (2) for applications to which those paragraphs apply reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.

(7) In paragraph (2) "lease" means -

(a) a lease which grants an estate in land whether or not the grant is a registrable disposition, or(b) a lease of a franchise, profit or manor the grant of which is a registrable disposition.

Transfers of registered estates for monetary consideration, etc.

3. - (1) Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of -

(a) a transfer of a registered estate for monetary consideration,(b) a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, or(c) a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,

is payable under Scale 1 on the amount or value of the consideration.

(2) Paragraph (1) shall not apply if the application is -

(a) a large scale application, where article 6 applies, or(b) for the registration of a transfer of a matrimonial home made pursuant to an order of the court, where article 4(1)(h) applies.

(3) Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.

(4) Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.

(5) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination assessed under article 7.

Transfers of registered estates otherwise than for monetary consideration, etc.

4. - (1) Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of -

(a) a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies),(b) a surrender of a registered leasehold estate otherwise than for monetary consideration,(c) a transfer of a registered estate by operation of law on death or bankruptcy, of an individual proprietor,(d) an assent of a registered estate (including a vesting assent),(e) an appropriation of a registered estate,(f) a vesting order or declaration to which section 27(5) of the Act applies,(g) an alteration of the register, or(h) a transfer of a matrimonial home (being a registered estate) made pursuant to an order of the Court,

is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.

(2) Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate, the fee for an application for its registration is payable under Scale 2 on the value of that share.

Charges of registered estates or registered charges

5. - (1) The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraphs (2), (3) or (4) apply.

(2) No fee is payable for an application to register a charge lodged with or before the completion of a scale fee application ("the primary application") that will result in the chargor being registered as proprietor of the registered estate included in the charge unless -

(a) the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies, or(b) the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.

(3) No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.

(4) Where a charge also includes a registered estate which is not included in the primary application ("the additional property") any fee payable under Scale 2 is to be assessed on an amount calculated as follows:

(5) The fee for an application for the registration of -

(a) the transfer of a registered charge for monetary consideration, or(b) a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered charge,

is payable under Scale 2 on the amount or value of the consideration.

(6) The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on -

(a) the amount secured by the registered charge at the time of the transfer or,(b) where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.

(7) The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on -

(a) the proportionate part of the amount secured...

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