The Assets of Community Value (England) Regulations 2012

Regulation 20

SCHEDULE 4 Amendments to Land Registration Rules

1.  The Land Registration Rules 2003(1) are amended as follows.

2.  After rule 27, insert—

“First registration – where land is or was listed as land of community value

27A.— (1) An owner of listed land who applies for first registration of that land, or where rule 21 applies a mortgagee who makes such an application in the name of the owner, must at the same time apply for entry of a restriction in Form QQ in respect of that land.

(2) Where a person applies for first registration of land and any of the deeds and documents accompanying the application (in accordance with rule 24(1)(c)) includes a conveyance or lease to the applicant or to a predecessor in title made at any time when the land was listed land, the applicant must in respect of each such conveyance or lease provide a certificate by a conveyancer that the conveyance or lease did not contravene section 95(1) of the Localism Act 2011.

(3) In this rule—

(a) “listed land” means land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and

(b) “owner” has the same meaning as in section 107 of the Localism Act 2011, except that it includes a person who would be such an owner but for the effect of section 7(1) and (2) of the Act.”.

3.  In rule 93(2)—

(a) in paragraph (w), omit the final “and”, and

(b) after paragraph (x) add—

“(y) a local authority where it has entered land, the title to which is registered, in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, and is applying for a restriction in form QQ to be entered in the register for that land, and

(z) a mortgagee under a mortgage falling within section 4(1)(g) of the Act who makes an application for first registration under rule 21, where the estate charged relates to land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and is applying for a restriction in Form QQ to be entered in the register of that estate.”.

4.  In rule 94(3), after the end of paragraph (10) add—

“(11) Where a local authority has entered land in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, an application for a restriction in Form QQ must be made—

(a) if that land includes a registered estate the proprietor of which is an owner as defined in section 107 of that Act, as soon as practicable by the local authority in respect of that registered estate unless there is an existing restriction in Form QQ in respect of that estate, or

(b) if the title to the land is unregistered, where required by rule 27A(1).”.

5.  In rule 217(3)(4), for “PP” substitute “QQ”.

6.  In Schedule 4(5), at the end (after the end of the provision regarding Form PP) add—

“Form QQ (Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011)

No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) of the Localism Act 2011.”

(1)

S.I. 2003/1417. Rule 27 was amended by S.I. 2008/1919.

(2)

Rule 93 was amended by S.I. 2005/1766 and S.I. 2008/1919.

(3)

Rule 94 was amended by S.I. 2008/1919.

(4)

Rule 217(3) was amended by S.I. 2008/1919.

(5)

New text of Schedule 4 was substituted by S.I. 2008/1919, and has subsequently been amended by S.I. 2010/671.