1996 No. 157
LAND REGISTRATION
Land Registry (Fees) Order (Northern Ireland) 1996
Made 4th April 1996
To be laid before Parliament under paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974
Coming into operation 31st May 1996

The Department of the Environment, in exercise of the powers conferred by section 84 of the Land Registration Act (Northern Ireland) 1970 and now vested in it and of every other power enabling it in that behalf, with the approval of the Department of Finance and Personnel and after consultation with the Land Registry Rules Committee established by section 85 of that Act, hereby makes the following Order:
1970 c. 18 (N.I.); section 84 was amended by Art. 34 of the Registration (Land and Deeds) (Northern Ireland) Order 1992 S.I.1992/811 (N.I. 7); see sections 25 and 94 for the definition of “the Ministry”
By the Departments (Northern Ireland) Order 1982 S.I.1982/338 (N.I. 6)Art. 5 and Part II of Sch. 1
Approval function conferred by S.I.1982/338 (N.I. 6)Art. 9 and Sch. 2

1 Citation, commencement and interpretation
1 This Order may be cited as the Land Registry (Fees) Order (Northern Ireland) 1996 and shall come into operation on 31st May 1996.
2 Words and expressions used in this Order and defined in the Rules have the same meaning as in the Rules.
3 In this Order—
“the Act” means the Land Registration Act (Northern Ireland) 1970;
“charge” (except in Part III of Schedule 1) means a charge on land to secure money and includes a sub-charge but not a statutory charge;
“fees” means the fees to be taken in the Registry for the purposes of the Act;
“the Rules” means the Land Registration Rules (Northern Ireland) 1994 and a reference by number to a rule or Form is a reference to the rule or Form bearing that number in the Rules.
S.R. 1994 No. 424

2 Revocation
The Land Registry (Fees) Order (Northern Ireland) 1988 is hereby revoked.
S.R. 1988 No. 410

3 Fees
Subject to the following provisions of this Order, the fees set out in Schedule 1 shall be payable in respect of the matters there mentioned.

4 Value
1 For the purposes of this Order, the value of any estate in land, charge or notice shall be determined in accordance with paragraphs (2) to (6) and Articles 5 and 6.
2 Subject to paragraphs (5) and (6), the value of an estate in land (other than a charge) is its market value, that is to say, such sum as the estate would fetch if sold on the open market at the date on which the application with respect to which the value is required to be ascertained is made to the Registry, free from any mortgage or charge for payment of money other than a land purchase annuity.
For the purposes of this paragraph, the Registrar may accept as the market value of an estate, an amount stated to be that value in a statement in writing, signed by the applicant or his solicitor.
3 Subject to Articles 5 and 6 where an application is made to the Registry to register a charge or to register a transfer, transmission or cancellation of a charge, the value of the charge shall be—
(a) where the charge is to secure a sum of money which is expressed as a fixed amount and whether or not the charge also secures further advances, that amount;
(b) where the charge is exclusively to secure an unascertained sum of money and the total amount to be owing at any one time is subject to an upper limit, that limit;
(c) where the charge is exclusively to secure an unascertained sum of money and the total amount to be owing at any one time is not subject to an upper limit, £25,000;
(d) where the charge is to secure an annuity, 10 times the greatest amount payable under the annuity in any one year.
4 Where an application is made to the Registry—
(a) to register, pursuant to Article 48 of the Judgments Enforcement (Northern Ireland) Order 1981 or paragraph 4 of Part IV of Schedule 2 to the Act, notice of an order charging land made under Article 46 of that Order; or
S.I.1981/226 (N.I. 6): Art. 48 was amended by Art. 51 of and para. 6(1) of Sch. 1 to the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7) and Art. 46 was amended by Art. 10(3) of that Order
Part IV of Schedule 2 was inserted into the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.) by Art. 10(2) of the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7)
(b) to cancel such a notice,
the value of the notice shall be the same as in the case of an application to register a charge pursuant to such an order.
5 Where an application is made to the Registry to register an exchange, the value of the estate in land to which the application relates shall be the combined value of the registered land exchanged, determined in accordance with paragraph (2).
6 Where an application relates solely to the estate of a person entitled as a tenant in common, joint tenant or coparcener, the value of the estate in land to which the application relates shall be the value of that person’s estate; and where a registered owner transfers his estate to himself and another as co-owners, the value of the estate in land to which the application relates shall be the value of the estate passing to the other person.

5 Charge secured on registered and unregistered land
1 Where money is secured by a charge relating partly to registered land and partly to unregistered land or other property, the fee in respect of an application to register the charge, or to register the transfer or transmission of the charge shall be payable on an amount calculated in accordance with the formula—
RLWS×C

a
RL equals the value of registered land;

b
WS equals the value of whole security; and

c
C equals the value of the charge determined in accordance with Article 4(3).
2 For the purposes of this regulation, the Registrar may accept as the value of registered land and the value of whole security, amounts stated to be those values in a statement in writing signed by the applicant for registration or his solicitor.

6 Additional or substituted security or guarantee
Where a charge is—
(a) by way of additional or substituted security, or
(b) by way of guarantee,
the amount on which a fee in respect of an application to register the charge, or to register a transfer or transmission of the charge shall be payable shall not exceed the value of the land to which the charge relates after deducting therefrom the amount secured on it by any prior registered charge.

7 Instruments relating to several folios
1 Where an application is made to register an instrument relating to several folios in some or one only of those folios, the fee shall be that which would be payable if the application were to register the instrument in all the folios to which it relates.
2 Where an instrument relating to several folios has been registered in some or one only of those folios, a fee of £20 shall be payable in respect of any application to register the instrument in any of the other folios to which it relates.

8 Reduction of fees
Where an application or dealing for which a fee in excess of £25 is prescribed by this Order is refused, abandoned or withdrawn, there shall only be payable in respect of the application or dealing the sum of £25 or one quarter of the fee prescribed by this Order in respect of the application or dealing, whichever is the greater.

9 Exemption from fees
No fee shall be payable in respect of any matter mentioned in Schedule 2.

10 Payment of fees
1 Fees shall be payable at the time when an application, dealing or other matter in relation to which a fee is to be taken, is presented to the Registry.
2 Where in determining the fee payable in respect of any matter a calculation is involved, the amount payable shall be calculated to the nearest 5 pence.
3 Every fee shall be paid in cash or by means of a banker’s draft, money order, postal order or cheque.

11 Application to the Crown
Subject to the provisions of the Act, this Order shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
Sealed with the Official Seal of the Department of the Environment on
J. MacQuarrie Assistant Secretary 4th April 1996.
The Department of Finance and Personnel hereby approves the foregoing Order.
Sealed with the Official Seal of the Department of Finance and Personnel on
D. Thomson Assistant Secretary 4th April 1996.
SCHEDULE 1
Article 3

Part I Scale Fees

Scales
1 Subject to paragraph 4, on any application to register a transfer, or an exchange or a change of ownership under section 36 of the Act (excluding such an application as is referred to in paragraph 7(k)) or under section 53 of the Act the fee shall be payable according to the value of the estate in land to which the application relates and calculated by reference to the Scale below—

Scale
	Value	Fee
Where the value does not exceed £5,000	…	£25 (minimum fee)
Where the value exceeds £5,000	…	£25 for the first £5,000 and £25 for every £5,000 or part thereof exceeding £5,000 with a maximum fee of £350
Section 36 of the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.), has been amended by Art. 17 of the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7)
Section 53 of the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.), has been amended by Art. 76(2) of and para. 4 of Sch. 3 to the Limitation (Northern Ireland) Order 1989, S.I.1989/1339 (N.I. 11)
2 On any application to register a charge or a notice under Article 48 of the Judgments Enforcement (Northern Ireland) Order 1981 or paragraph 4 of Part IV of Schedule 2 to the Act, the fee shall be payable according to the value of the charge or notice and calculated by reference to the Scale below—

Scale
	Value	Fee
Where the value does not exceed £5,000	…	£25 (minimum fee)
Where the value exceeds £5,000	…	£12·50 for the first £5,000 and £12·50 for every £5,000 or part thereof exceeding £5,000 with a maximum fee of £175
3 On any application to make any entry or cancellation on the register where such entry or cancellation involves the investigation of title to an estate in unregistered land and for which a fee is not otherwise prescribed by this Order, the fee shall be payable according to the value of the estate in the unregistered land and calculated by reference to the Scale set out in paragraph 1.
4 The minimum fee (£25) shall be payable on an application to register documents effecting a change of trustees and documents whereby registered co-owners transfer their estates in the land to themselves.

Part II Fixed Fees

5 First registration
The fees set out in this paragraph shall be payable in respect of an application for the first registration of any title, under Part II of the Rules—
(a) where an application has been made in Form 1 with such modifications as the case may require	…	£50·00
(b) where an application is not in such form	…	£150·00

6 Reclassification of title
The fees set out in this paragraph shall be payable in respect of the following applications—
(a) application to reclassify a title— (i) where the application is made under rule 53 and no alteration, other than the class of title registered, is required to be made on the register, or
(ii) where the application is made under rule 54	…	£10·00
(b) application to reclassify as an absolute title— (i) a title registered in the register as a good leasehold title where the lessor or his successor in title is, at the date of the application, registered as owner with an absolute title; or
(ii) a title registered in the register as a good fee farm grant title where the grantor of the interest or his successor in title is, at the date of the application, registered as owner with an absolute title	…	£25·00
(c) application to reclassify a title not otherwise provided for— (i) where the value of the estate in land to which the application relates does not exceed £10,000	…	£25·00
(ii) where such value exceeds £10,000	…	£50·00

7 Registration
The fees set out in this paragraph shall be payable in respect of the following applications—
(a) application to enter a caution against first registration	…	£25·00
(b) application to register a lease as a burden or notice of a lease as a burden (excluding a lease solely of an easement or profit-a-prendre)	…	£60·00
(c) application to enter or cancel a notice of deposit of a certificate of title	…	£25·00
(d) application to have the title to part or all of the land in a folio or folios entered in a new folio — per folio from which the title is to be transferred	…	£10·00
(e) Application to have a folio or folios included in a Folio Book or to have all or any of the folios comprised in a Folio Book withdrawn from the Book — per folio	…	£10·00
(f) application to make boundaries conclusive in accordance rule 144 or 145	…	£25·00
(g) application to register the transmission on the death of one or several joint tenants in accordance with rule 47 or of a registered limited owner	…	£25·00
(h) application to register the transmission on the death of a registered full owner other than a joint tenant— (i) where the value of the estate in land to which the application relates does not exceed £10,000	…	£25·00
(ii) where such value exceeds £10.000	…	£50·00
(i) application to cancel on a folio a charge or a notice under Article 48 of the Judgments Enforcement (Northern Ireland) Order 1981 or paragraph 4 of Part IV of Schedule 2 to the Act, (i) where the value does not exceed £500	…	NIL
(ii) where the value exceeds £500 but does not exceed £5,000	…	£10·00
v (iii) where the value exceeds £5,000	…	£25·00
(j) application to cancel on a folio one or more rights of residence user or maintenance and any alternative payments in lieu thereof	…	£25·00
(k) application to register the ownership of registered land acquired by vesting order by a government department or by other body having powers of compulsory acquisition — per folio affected by the vesting order	…	£50·00
(l) application to register the official receiver or a trustee in bankruptcy as owner of any land	…	£25·00
(m) application to cancel a burden on the title register where the title to unregistered land which had the benefit of such burden requires to be investigated	…	£25·00
(n) application to make any entry or cancellation on the title register for which a fee is not otherwise prescribed by this Order and where the investigation of title to unregistered land is not involved	…	£25·00

8 Land certificates and certificates of charge
The fees set out in this paragraph shall be payable in respect of the following applications—
(a) application for the first issue of a land certificate or certificate of charge except in the case of— (i) an endorsed instrument of charge issued in accordance with rule 122, or
(ii) a new land certificate or certificate of charge issued in substitution for an existing certificate or a certificate lost or destroyed	…	£10·00
(b) application for the issue of an endorsed instrument of charge in accordance with rule 122	…	£2·00
(c) application for the issue of a new land certificate or certificate of charge in substitution for a certificate lost or destroyed	…	£35·00
(d) application for the issue of a new land certificate or certificate of charge in substitution for an existing certificate except where such a new certificate is issued on revision of a folio in accordance with rule 5(3) or on making a new edition of the folio pursuant to rule 9	…	£10·00
(e) application for an order for production of a land certificate or certificate of charge	…	£10·00
(f) application to dispense with production of a land certificate or certificate or charge	…	£25·00

9 Inspection, copies and searches
The fees set out in this paragraph shall be payable in respect of the following matters—
(a) requisition entitling the holder to inspect, in one day only, up to six of the following matters in any combination— (i) the index of names in respect of one name
(ii) one folio
(iii) one instrument filed in connection with any entry of cancellation on the register
(iv) the registry map relating to one folio and
(v) the record maintained under rule 134 of outstanding certificates of title	…	£2·00
(b) uncertified copy of or extract from a folio or any other document, other than a map or plan, lodged in the Registry	…	£4·00
(c) certified copy of or extract from a folio or any other document, other than a map or plan, lodged in the Registry	…	£8·00
(d) uncertified copy of or extract from the registry map relating to one folio (excluding a Schedule Folio) or one entry number in a Schedule Folio	…	£5·00
(e) uncertified copy of or extract from the registry map relating to the lands in more than one folio or more than one entry number in a Schedule Folio or a map or plan lodged in the Registry— (i) where the copy or extract is of normal size, for each such copy	…	£5·00
(ii) where the copy or extract is not of normal size in length or breadth — for each sheet of paper of normal size necessary to provide such copy or extract	…	£5·00
(f) certified copy of or extract from the registry map relating to one folio (excluding a Schedule Folio) or one entry number in a Schedule Folio	…	£15·00
(g) certified copy of or extract from the registry map relating to the lands in more than one folio or more than one entry number in a Schedule Folio or a map or plan lodged in the Registry— (i) where the copy or extract is of normal size, for each copy or extract	…	£15·00
(ii) where the copy or extract is not of normal size in length or breadth, and for each such copy or extract— A for the first sheet of paper of normal size necessary to provide the copy of extract	…	£15·00
B for each additional sheet of normal size required to provide the copy or extract	…	£5·00
(h) official search in accordance with rule 185 in the index of names, including certificate of the result of such search — per name	…	£15·00
(i) official search in accordance with rule 185 as to entries in a specified folio, including certificate of the result of such search	…	£10·00
(j) official search in the registry map in accordance with rule 186 including certificate of the result of such search	…	£15·00
(k) priority search in accordance with rule 187 including certificate of the result of such search	…	£15·00
(l) search applied for by telephone or fax in accordance with rule 189	…	£5·00

10 Miscellaneous fees
The fees set out in this paragraph shall be payable in respect of the following matters—
(a) issue of a summons by the Registrar	… £20·00
(b) an affidavit or statutory declaration sworn or taken before the Registrar— (i) on each affidavit or statutory declaration	…	£4·00
(ii) on each exhibit thereto	… £1·00
(c) application for delivery of a document to a solicitor in accordance with rule 181	…	£5·00
(d) application for approval of a draft document without a map or plan	…	£15·00
(e) application for approval of a draft document including a map or plan	…	£25·00
(f) application for approval of a map or plan	…	£10·00
(g) application, in accordance with rule 146, to decide questions as to boundaries or extent of registered lands arising on transfer and including any entry or cancellation made on the register on any such application	…	£25·00

11 Meaning of normal size
In this Part and Part III “normal size” in relation to a document means 210 millimetres by 297 millimetres.

Part III Statutory Charges Register
12 In relation to the Statutory Charges Register, the fees set out in this paragraph shall be payable in respect of the following matters—
(a) application to register a statutory charge	… £40·00
(b) application to register a priority notice	… £20·00
(c) application to modify any entry in the Statutory Charges Register (excluding cancellation of a charge or priority notice)	…	£20·00
(d) official search including certificate of the result of the search	…	£15·00
(e) personal search, entitling the person to search, in one day only, in— (i) the indices to the Statutory Charges Register and any one part of that Register, and
(ii) the indices to the statutory charges map and the maps relating to one part of the Statutory Charges Register	…	£2·00
(f) search applied for by telephone or fax in accordance with rule 216	…	£5·00
(g) copy of or extract from the Statutory Charges Register excluding the statutory charges map— (i) where the copy does not exceed four pages	…	£4·00
(ii) for each additional page or part thereof after the fourth	…	£1·00
(h) certifying any copy of or extract from the Statutory Charges Register (excluding the statutory charges map) issued from the Registry	…	£4·00
(i) copy of or extract from the statutory charges map— (i) where the copy or extract is of normal size, for each such copy or extract	…	£5·00
(ii) where the copy or extract is not of normal size in length or breadth — for each sheet of paper of normal size necessary to provide such copy or extract	…	£5·00
(j) certifying any copy of or extract from the statutory charges map issued from the Registry	…	£10·00

SCHEDULE 2 Matters which are exempt from fees by virtue of Article 9
Article 9
1 Registration as a burden, at the time of first registration of the title, of a matter which arose before first registration other than a charge for payment of money affecting a leasehold estate where the ownership of the leasehold estate will be registered in accordance with rule 82(2) or 83.
2 Registration on a folio of the ownership of a burden where such registration is made at the time of its registration as a burden.
3 Registration as a burden of an easement or profit-a-prendre or a right to which section 47 of the Act applies or a right of maintenance or support where such easement, profit-a-prendre or right is created or granted in a document of transfer or lease and such registration is made at the time of registration of the transfer or lease.
4 Registration of an appurtenance where the easement is created or granted in a document of transfer or lease and such registration is made at the time of registration of the transfer or lease.
5 Registration of a burden created by the will of a registered owner or in a deed of settlement or of a charge under section 7 of the Administration of Estates Act (Northern Ireland) 1955 when such burden is registered at the time of registration of a change in ownership of the land which is the subject of the burden.
1955 c. 24 (N.I.)
6 Registration of a charge created by an order charging land made under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 when notice of that order has been entered on the title register under Article 48 of that Order or paragraph 4 of Part IV of Schedule 2 to the Act or cancellation of such notice upon registration of such a charge.
S.I.1981/226 (N.I. 6); Art. 46 was amended by Art. 10(3) of the Registration (Lands and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7) and Art. 48 was amended by Art. 51 of and para. 6(1) of Sch. 1 to that Order
Part IV of Schedule 2 was inserted into the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.), by Art. 10(2) of the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7)
7 Entry of notice of the existence of a burden specified in entry 5 of Part I of Schedule 5 to the Act, or cancellation of any burden specified in entry 3, 4 or 5 of Part I of that Schedule.
8 Reclassification of a title on the initiative of the Registrar under paragraph 3 of Schedule 3 to the Act.
9 Rectification of the register or the Statutory Charges Register where the rectification is made in consequence of an error made in the Registry.
10 Entry of an inhibition by the Registrar under section 68 of the Act.
Section 68 was amended by Art. 51 of and paras. 1, 2(1), (3) and 4(5) of Sch. 1 to the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7)
11 Alteration of the description of land registered in a folio.
12 Alteration of the address or description of a person appearing in a folio or alteration of such person’s surname consequent on marriage.
13 Approval of an estate development or building plan intended for use in a series of dealings.
14 Registration of a charge or other burden on a superior estate consequent on the extinguishment of an inferior estate.
15 Entry of notice of the deposit of a certificate of title to secure the payment of money where that notice has been lodged in the Registry under rules 129(5) and 137(1) in response to an order made by the Registrar for the production of the certificate of title.
16 Registration of the devolution of the title of any person entitled to be registered as owner but not so registered, where application has been made for the registration of ownership on transmission on the death of a full owner or on cessation of a limited ownership.
17 The cancellation of a caution or inhibition.
18 The renewal or cancellation of an entry of notice of the presenting of a bankruptcy petition referred to in section 67A(1) of the Act.
Section 67A was inserted into the Land Registration Act (Northern Ireland) 1970, 1970 c. 18 (N.I.), by Art. 381(2) of and para. 72 of Part II of Sch. 9 to the Insolvency (Northern Ireland) Order 1989, S.I.1989/2405 (N.I. 19) and was amended by Art. 51 of and paras. 2(1) and 4(4) of Sch. 1 to the Registration (Land and Deeds) (Northern Ireland) Order 1992, S.I.1992/811 (N.I. 7)
19 Amendment of the title register pursuant to rule 164.

(This note is not part of the Order.)
This Order prescribes the fees to be taken in the Land Registry for the purposes of the Land Registration Act (Northern Ireland) 1970 and the manner in which those fees are to be paid.
The Order revokes and replaces the Land Registry (Fees) Order (Northern Ireland) 1988. In addition to minor and drafting amendments, it makes the following changes of substance—
(a) the general provision limiting the fee payable in respect of an application or dealing which is refused, withdrawn or abandoned has been extended to include the refusal, withdrawal or abandonment of an application to register a charge created by an order made under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 (Article 8);
(b) fees have been imposed on an application for the registration under paragraph 4 of Part IV of Schedule 2 to the Land Registration Act (Northern Ireland) 1970 of notice of an order charging land made under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 and in respect of an application for the cancellation of such registration (paragraphs 2 and 7(i) of Schedule 1);
(c) the abatement of the fee payable for the registration of a charge lodged at the same time as a transfer or lease of the same land has been extended and now applies to the registration of any charge and to the registration of a notice under Article 48 of the Judgments Enforcement (Northern Ireland) Order 1981 (paragraph 2 of Schedule 1);
(d) fixed fees are now payable on applications for the first registration under Part II of the Land Registration Rules (Northern Ireland) 1994 where formerly they were calculated by reference to a scale; where such an application is made by a solicitor in Form 1 prescribed by the Land Registration Rules (Northern Ireland) 1994 the fee payable will be £50 and where the application is not in that form the fee payable will be £150 (paragraph 5 of Schedule 1);
(e) a fee of £25 has been prescribed in respect of an application to register the official receiver or a trustee in bankruptcy as owner of land and provision has been made that no fee will be payable for the renewal or cancellation of an entry in the title register of notice of the presenting of a bankruptcy petition, or for the rectification of the title register effected at the request of the official receiver (paragraph 7(1) of Schedule 1 and Article 9 and paragraphs 18 and 19 of Schedule 2);
(f) the fee of £15 formerly payable in respect of an official search as to entries in a specified folio (including an official certificate of the result of such search) has been reduced to £10 (paragraph 9(i) of Schedule 1);
(g) the fee of £10 formerly payable in respect of an official priority search (including an official certificate of the result of such search) has been increased to £15 (paragraph 9(k) of Schedule 1).
(h) provision has been made that no fee will be payable for registration of a charge created by an order made under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981 when notice of that order has been entered on the title register under paragraph 4 of Part IV of Schedule 2 to the Land Registration Act (Northern Ireland) 1970 or for cancellation of such a notice or a notice under Article 48 of the Judgments Enforcement (Northern Ireland) Order 1981 upon registration of the charge (Article 9 and paragraph 6 of Schedule 2); and
(i) provision has been made that no fee will be payable for the registration of a notice of the deposit of a certificate of title to secure the payment of money where the notice has been lodged in the Land Registry consequent on an order made by the Registrar for the production of the certificate of title (Article 9 and paragraph 15 of Schedule 2).