The Land Registration Fee Order 2012

PART 2 Scale fees

Applications for first registration and applications for registration of a lease

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 the original lessee’s personal representative, where paragraph (2) applies,

(b) a voluntary application, where either paragraph (6) or article 6(3) applies, or

(c) a large scale application, where article 6 applies.

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

(a) where

(i) there is no premium, and

(ii) either there is no rent or the rent cannot be quantified in money at the time the application is made,

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

(b) where

(i) there is a premium, and

(ii) either there is no rent or the rent cannot be quantified in money at the time the application is made,

on the premium, or

(c) in all other cases, on an amount equal to the sum of the premium (if any) and the rent,

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 (other than a large scale application, where article 6(3) applies) is the fee which would otherwise be payable under paragraph (1) or (2) reduced by 25 per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.

(7) For the purposes of paragraph (2)—

(a) a peppercorn rent or other rent having no money value is to be treated as if it were an annual rent of one penny, and

(b) where the rent reserved by the lease varies or can be varied, it is to be treated as being the largest amount of annual rent the lease may reserve in the first five years of its term, or in any year where the term is less than five years.

(8) In paragraph (2)

(a) “lease” means—

(i) a lease which grants an estate in land whether or not the grant is a registrable disposition, or

(ii) a lease of a franchise, profit or manor the grant of which is a registrable disposition,

(b) “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,

(c) “rent” means the amount or value of the annual rent, or the amount or value of the rent for the term if the lease is for a term of less than one year.

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 registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, where article 4(1)(g) 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) a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004,

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 paragraph (2), (3) or (4) applies.

(2) No fee is payable for an application to register a charge lodged 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 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) 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 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 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) This article takes effect subject to article 6 (large scale applications).

Large scale applications, etc.

6.—(1) In this article —

(a) “land unit” means —

(i) the land registered under a single title number other than, in the case of an application to register a charge, any estate under any title number which is included in a primary application within the meaning of article 5(2), or

(ii) on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application.

(b) “large scale application” means a scale fee application which relates to 20 or more land units, other than an application to register a disposition by the developer affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land, or a low value application,

(c) “low value application” means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000.

(2) Subject to paragraphs (3) and (4), the fee for a large scale application is the greater of —

(a) the scale fee, and

(b) a fee calculated on the following basis —

(i) where the application relates to not more than 500 land units, £10 for each land unit, or

(ii) where the application relates to more than 500 land units, £5,000 plus £5 for each land unit in excess of 500.

(3) If a large scale application is a voluntary application, the fee payable under paragraph (2) is reduced by 25 per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.

(4) The maximum fee payable for a large scale application for first registration is £40,000 unless the application is a voluntary application in which case the maximum fee is £30,000.