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The Land Registration Fee Order 2021
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The Land Registration Fee Order 2021, Section 5 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Order revoked by S.I. 2024/931 art. 14
Charges of registered estates or registered charges and transfers of chargesE+W
5.—(1) Subject to paragraphs (2), (3), (4) and (8) and article 6 (large scale applications), the fee for an application for the registration of a charge is payable under the second column of Scale 2 on the amount of the charge assessed under article 8.
(2) No fee is payable for an application to register a charge delivered with or before the completion of either a scale fee application or an application to which paragraph (18) in Part 1 of Schedule 3 applies (“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 payable for an application to register a charge where the charge was by a predecessor in title of the applicant and the application is delivered with, or before the 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) Subject to paragraph (8) and article 6 (large scale applications), the fee for an application for the registration of—
(a)a 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 the second column of Scale 2 on the amount or value of the consideration.
(6) Subject to paragraph (8) and article 6 (large scale applications), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under the second column of 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) Subject to paragraph (8) and article 6 (large scale applications), 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 the second column of Scale 2 on—
(a)the proportionate part of 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 proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
(8) Where an application under paragraphs (1), (5), (6) or (7) is—
(a)for the registration of a charge of the whole of a registered title or a transfer of a charge, and
(b)delivered by electronic means,
the fee for the application is payable under the third column of Scale 2 on the value of the charge or transfer assessed under paragraphs (1), (5), (6) or (7), as the case may be.
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