The Land Registration Fee Order 2021

PART 2 Scale Fees

Applications for first registration and applications for registration of a lease

2.—(1) Subject to paragraphs (2) and (5) and article 6 (large scale applications), the fee for an application for first registration of an estate in land is payable under the second column of Scale 1 on the value of the estate in land comprised in the application assessed under article 7.

(2) Subject to paragraph (5) and article 6 (large scale applications), 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 the second column of Scale 1—

(a) where there is no premium and no rent, on the value of the lease assessed under article 7, subject to a minimum fee of £45,

(b) where there is a premium and no rent, on the premium, or

(c) where there is rent, on an amount equal to the sum of the premium (if any) and the rent.

(3) The fee for an application for the first registration of a rentcharge is £40.

(4) The fee for an application for the first registration of a franchise or a profit is payable under the second column of Scale 1 on the value of the franchise or the profit assessed under article 7.

(5) The fee for a voluntary application which is not a large scale application is payable under the third column of Scale 1 on the value of the estate in land comprised in the application assessed under article 7.

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

(a) a peppercorn rent or other rent having no money value, and rent that cannot be quantified in money at the date of the application, are to be treated as no rent, 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.

(7) In paragraph (2)—

(a) “lease” means—

(i) a term of years absolute, or

(ii) a lease of a franchise, profit or manor if the grant of the lease 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 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) to (6) and article 6 (large scale applications), 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 the second column of Scale 1 on the amount or value of the consideration.

(2) Paragraph (1) shall not apply if the application is for the registration of a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973(1) or the Civil Partnership Act 2004(2).

(3) Where an application under paragraph (1) is—

(a) for the registration of a transfer, or a surrender, of the whole of a registered title, and

(b) delivered by electronic means,

the fee for the application is payable under the fourth column of Scale 1 on the amount or value of the consideration.

(4) 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.

(5) Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate, a single fee is payable on the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.

(6) Other than where paragraph (5) applies, where a single deed of transfer contains transfers made by different transferors or to different transferees, a separate fee is payable for each of the transfers.

Transfers of registered estates otherwise than for monetary consideration, etc.

4.—(1) Subject to paragraphs (2), (3) and (4) and article 6 (large scale applications), the fee for an application for the registration of—

(a) a transfer of a registered estate otherwise than for monetary consideration,

(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, or

(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 the second column of Scale 2 on the value of the registered estate which is the subject of the application assessed under article 7.

(2) Subject to paragraphs (3) and (4), where a transfer referred to in paragraph (1) 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 the second column of Scale 2 on the value of that share assessed under article 7.

(3) Where an application under paragraphs (1) or (2) is—

(a) for the registration of a disposition of the whole of a registered title, 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 registered estate or share (as the case may be) assessed under article 7.

(4) Where a single deed of transfer contains transfers made by different transferors or to different transferees, a separate fee is payable for each of the transfers.

Charges of registered estates or registered charges and transfers of charges

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.

Large scale applications

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 applicable to the application, 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—

(a) where sub-paragraph (a) of paragraph (2) applies, the fee is payable under the third column of Scale 1 on the value of the estate in land comprised in the application assessed under article 7, and

(b) where sub-paragraph (b) of paragraph (2) applies, the fee is reduced by twenty five per cent and, if the resulting figure is not a multiple of £5, rounded down to the nearest multiple of £5.

(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.

(1)

1973 c. 18.

(2)

2004 c. 33.