The Land Registration Fee Order 1990

Explanatory Note

(This note is not part of the Order)

The Order, which, from the 2nd April 1990, supersedes the Land Registration Fee Order 1988, effects the following changes with respect to fees payable in connection with applications and services under the Land Registration Acts 1925 to 1986:

(1) abatement 2 (Scale A fee abated to one fifth with a £25 minimum) is applied to the fees payable for registration of a surrender which is consideration or part consideration for the grant of a new lease to the registered proprietor and registration of a surrender otherwise than for monetary consideration (article 2(3) and (5));

(2) provision is made for reduction or waiver by the Registrar of the fee for rectification of the register where he considers it to be unreasonable or excessive (article 2(5), proviso);

(3) for the purpose of valuation, land subject to an application to register a surrender is to be valued at a date immediately prior to the surrender (article 4(1));

(4) new provision is made for the fees payable for the registration of a charge which secures an obligation or liability contingent upon the happening of a future event and for the registration of an instrument containing two or more charges (article 5(4) and (5));

(5) the additional fees payable in respect of exceptional work in connection with the voluntary first registration of land or the conversion of title are abolished and the basis upon which an additional fee may become payable for an application for a search of the index map is amended (articles 7 and 9);

(6) provision is made with respect to the deduction of fees from the credit account of a credit account holder where an application for which credit facilities are available is made and no request for such deduction has been made nor any fee paid (article 14(3));

(7) the maximum fee for any one application for the registration or modification of a caution, restriction, notice or inhibition is raised from £250 to £500 (article 7(1) and proviso (b) to paragraph (1) of Schedule 3, Part I);

(8) fees are re-introduced in relation to office copies, searches of the index map, inspection of documents, telephone searches, telex searches and searches without priority (article 7(1) and Schedule 3, Part II).