The Land Registration Fees Order 1997

Transfers of registered land for monetary consideration, etc.

3.—(1) Subject to paragraphs (2) to (5), and to article 4(1)(i) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:

(a) a transfer of registered land for monetary consideration;

(b) a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;

(c) a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;

shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.

(2) Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.

(3) Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by that purchaser or the monetary consideration given by the sub-purchaser in respect of that land.

(4) Where a single instrument of transfer gives effect to a sale, and a sub-sale of part only of the land comprised in the sale, the fee payable shall be the aggregate of:

(a) a fee assessed upon the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale; and

(b) a fee assessed upon the amount (if any) by which the monetary consideration given by the purchaser in respect of the land comprised in the sale exceeds the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale.

(5) Where an instrument gives effect to an exchange of registered land (“the first land”) for other registered land (“the second land”), whether or not money is paid by way of equality, it shall be treated for the purpose of assessing the fee payable for its registration as two separate transfers, being a transfer of the first land for monetary consideration equal to the value of the first land and a transfer of the second land for monetary consideration equal to the value of the second land.

(6) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.