From 1 October 2024 we will no longer accept conveyancer applications for first registration based entirely on certified copies of title deeds and documents. There will be no change to how citizens lodge their applications.
Background
When a first registration application is lodged at HM Land Registry, we ask the applicant to send us all the deeds and documents relating to the title that are in their control. However, in 2016 we introduced a new process which allowed conveyancers to lodge first registration applications made up entirely of certified copies of these deeds and documents, provided certain criteria were met. This allowed customers to hold onto the original documents.
From January 2021, we started to scan first registration applications containing original deeds and documents, which has allowed us to improve the quality of copies within our records while allowing us to return the (often precious) deeds and documents to our customers immediately following scanning.
The change
Starting on 1 October 2024, conveyancers will be no longer be able to lodge first registration applications made up entirely of certified copy deeds and documents. From talking to customers, we know this change will both simplify things and reduce the number of requests for information (requisitions) we need to send.
Any applications lodged in accordance with our current direction before 1 October 2024 will be dealt with on that basis. However, after that date all applications for first registration will need to be accompanied by the relevant deeds and documents that the property owner has in their possession. Paragraph 4.4.4 of practice guide 1 explains in more detail what deeds and documents should be sent with an application for first registration.
When a first registration application supported by original deeds is lodged by a conveyancer, the original deeds will normally be scanned, and the scanned applications will go through our casework systems to await processing. While the original documents are returned to the conveyancer immediately after scanning, each application will continue to be processed according to the date received – unless a request to expedite the application is submitted. If it is not possible to scan the original deeds, they will be retained by HM Land Registry until the application is completed – see paragraph 4.4.4 of practice guide 1 for more information.
When the application is completed, subject to any requisition which might arise, the official copy of the title plan and register will normally be issued electronically for those customers who use Business e-services. For those customers who don’t use Business e-services, the official copy of the title plan and register will be issued by post.
While processing applications there may be occasional circumstances when we need to see the original deeds again, for quality assurance purposes, and we may also need to send a requisition. We would therefore request you ensure the original deeds are easily accessible until we confirm that the application has been completed.
This change doesn’t affect applications lodged by citizens or applications lodged by conveyancers where the original title deeds and documents have been lost or destroyed, or applications for first registration based on adverse possession – see practice guide 2 and practice guide 5 for more information.
Why are we making the change?
We are streamlining and simplifying the way in which customers lodge applications. We know this change will not only reduce the number of requisitions customers need to resolve but will also help us deal with these applications more efficiently. Following feedback, most customers were engaged with the change and understood our reasons for implementing it.
As customers cannot send first registration applications via our digital services, sending us the original deeds means we can scan the highest quality copies for our records. We ask conveyancers to continue to check our guidance and the information available about all our business services.
You can find further guidance about first registration applications in our practice guide 1.
22 comments
Comment by Adrian Broomfield posted on
I personally anticipate this potentially making achieving first registration more difficult to achieve, especially where the original deeds are so old and fragile archival material that the relevant archives will not release them. Personally, I am of the view that it may have been better, if the Land Registry had allowed the relevant conveyancer to upload an electronic copy of the relevant document as part of an application and give a certificate that it is a true and accurate copy of the same (eg as a jpeg or photograph or pdf file) in a similar way to other applications where the documents can be submitted via the business portal, thereby also protecting the original against potential loss in the post or destruction or damage of fragile and irreplaceable documents
Comment by Gavin Curry posted on
Thank you for the feedback Adrian. We are regularly exploring options for digitising more of our processes and we’ll make sure your comments are considered as part of that work.
Comment by Steven Duncuft posted on
I've just paid for my first house and the bank (Halifax) have disposed of my ORIGINAL DEEDS. So now all we have to show for buying this old house is a printed copy from the Land Registry office online. They decided to destroy the original deeds without informing us. Is there a possibility that somebody has got a photocopy of these deeds rather than the typed one we had to purchase ?
Comment by Gavin Curry posted on
Tracking down deeds, or copies of deeds, is often challenging. You may find our 'Where are my title deeds, and do I need them?' blog useful: https://hmlandregistry.blog.gov.uk/2018/02/19/title-deeds/
Comment by Roy Perrott posted on
Will this include dispositionary first leases (DFLs)?
Comment by Gavin Curry posted on
No, this only applies when registering land or property for the first time, not when land or property already registered is being 'split up' or leased.
Comment by Warwick posted on
Are ‘precious’ documents returned safely and securely by Royal Mail special delivery?
How many ‘precious’ documents have been lost in transit?
Comment by Gavin Curry posted on
Thank you for your comment, Warwick. We return all documents either by Royal Mail standard post or to a UK DX box number specified by the lodging conveyancer. We do make an exception and return any original passport or driving licence using Royal Mail tracked delivery (or equivalent), because of the risks and concerns around potential identity theft.
This has been our practice for many years with first registration applications that have not used the ‘copy deeds’ process and in our experience this has worked without incident in the vast majority of cases. However, if this changes we will of course review our approach.
Comment by John Copeland posted on
Could you please clarify what is to happen when part of an unregistered title is acquired so the Seller retains the title deeds.
Comment by Gavin Curry posted on
We want to see the documents in your client’s possession. In this event they should have been given an examined abstract or epitome of the title deeds which were retained by the seller, and the examined abstract or epitome should be sent with the application for first registration.
Comment by John Southan posted on
It may well be problematic if Land Registry receive a document they feel is not possible to scan and then choose to hold onto it for around 17 months (currently) whilst they process the application for first registration.
It would be simpler to allow the conveyancers to send in scanned copies of the deeds through the portal and certify them as true copies on there.
Can you ensure your guidance notes are updated to specifically confirm you shall not destroy the deeds upon receipt, as that is a change from what is sometimes mentioned in correspondence from Land Registry and perhaps in the guidance. It would be better to have certainty how they would come back.
Comment by Gavin Curry posted on
Thank you for your feedback John. We will review our practice guides in light of your suggestion. In most cases our scanning contractor will be able to scan original documents lodged with first registration applications and these will be despatched to the applicant within 48 hours of receipt.
There are exceptions when this may not be possible and this normally arises on applications where there are a significant number of old documents or some of the documents are extremely fragile and would risk being damaged by the scanning process. It is accepted that original deeds will be in our possession until the case is processed in these instances.
Comment by Mark Lynch posted on
Will the scanning of deeds on receipt enable the Land Registry to "add" the application to its digital service, so that the firm submitting it can then see it in "View Applications" in the portal and so that communications about it can take place through the portal?
Comment by Gavin Curry posted on
Thank you, Mark, this is currently not possible, but as mentioned in reply to Adrian, we are regularly exploring options for digitising more of our processes and we’ll make sure your comments are considered as part of that work.
Comment by Brian Dawson posted on
How does this work in the case of an unregistered property that is being sold off in separate parcels? Is the landowner required to part with the original title deeds to the various solicitors acting for the purchasers of each successive parcel? Surely if land is being retained it is inappropriate and inherently unsafe to part with the original deeds (even on loan) until the sale of the last parcel takes place?
Comment by Gavin Curry posted on
Hello Brian, thanks for asking this specific question – it comes to the heart of our policy change. We recognise that this is a situation where the applicant will not have the original deeds, and in this case the examined abstract or epitome which should have been provided to the purchaser on completion should be sent with the application. This is what we consider as being “the original documents in the possession of the applicant” and so okay for this purpose.
Comment by Peter Harrison posted on
In the past the quality of your scanning equipment was less than excellent. Has it improved?
What will happen if the original deeds are lost by HMLR and don’t say it doesn’t happen? Just look at the number of titles where a document is stated on the register to be held but on ordering a copy, it turns out to have been lost. The Registry is not perfect and documents do get lost with the problems created for the future. Referring to the LR indemnity is not helpful as many of the issues cannot simply be dealt with by buying an indemnity policy. The Registry needs to have committed well paid and conscientious staff : perhaps the lack of these is the root of its problems.
There needs to be a tariff for compensating victims of LR failures eg £100,000 for loss of title deeds for an unregistered title. This should reflect the distress and upset caused by lost buyers because of issues caused by LR failures.
Comment by Gavin Curry posted on
Hello Peter, thanks for your comment. Yes, the quality of the scanners has improved as we continue to invest in better hardware and continually review the quality of scans. This removes the need to retain the originals while we are processing the application.
We are pleased to be able to return the vast majority of original documents quickly to applicants for their safe keeping.
Comment by Charlotte Patterson-Ryan posted on
Could you please confirm the procedure where the applying solicitors only hold certified copies of deeds (for example where land was purchased from a larger Estate and the Estate has retained the original documents) or on occasions where there are a mixture of original and certified copy deeds.
Comment by Gavin Curry posted on
Thanks for the question Charlotte, a couple of people have asked this. Where the applicant has only ever held certified copies (or examined epitomes or abstracts as would usually be the case in the example you mention) you can send these in. These would be classed as “the original documents in the possession of the applicant". I hope this helps.
Comment by Andrew Wallis posted on
Just to clarify, will this change of practice apply to applications for first registration received at Land Registry on or after 1 October 2024? The article says "From October 2024" and "Starting in October 2024" but doesn't specify a particular date.
Comment by Gavin Curry posted on
Hello Andrew. Thanks for pointing out our omission of the actual date. The change and the update to practice guide 1 will happen on 1 October 2024. We've updated the blog to that effect.