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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling House / Flat / Apartment

Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

. . . continued from page 10

Buying and Selling Property / Land

Lodging applications for first registration

Documents that should accompany form FR1

The appropriate stamp duty land tax (SDLT) certificate
If the application is based upon or includes a land transaction that is affected by SDLT, the appropriate stamp duty land tax certificate or self-certificate relating to that transaction must accompany the application. Where the application includes a transfer that is not considered by HM Revenue and Customs to constitute a land transaction for SDLT purposes, an explanation should be provided, as Land Registry may reject any application that fails to include a certificate where one appears to be necessary.

SDLT applies to most transactions dated on or after 1 December 2003.
Land transactions fall into three categories, namely:

- those requiring notification to HM Revenue and Customs and the completion of a Land Transaction Return. HMRC will issue a Land Transaction Return Certificate as evidence that SDLT has been accounted for on the transaction notified in the return. Conveyancing Solicitors and Property Lawyers should submit the original certificate or submission receipt to Land Registry when registering the transaction

- those transactions not requiring notification to HMRC where the transaction was completed on or after 12 March 2008 and comprises:
(a) an acquisition (other than the grant, assignment or surrender of a Lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40 000. This includes, for example, transfers of freehold Land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration.
(b) the grant of a Lease for seven years or more where:
(bi) the premium is less than £40 000 and
(bii) the annual rent is less than £1000
(c) the assignment or surrender of a Lease where:
(Ci) the Lease was originally granted for a term of seven years or more, and
(Cii) the consideration for the assignment or surrender, other than any rent, is less than £40 000, and
(Ciii) the rent is less than £1000
(d) the grant, assignment or surrender of a Lease for a term of less than seven years where the premium does not exceed the zero-rate threshold

- those transaction that are exempt from SDLT or outside the scope of SDLT and do not require notification

Under the stamp duty arrangements, where a transfer for value is below the stamp duty threshold, the transfer and form L(A) 451 are sent to Land Registry. This arrangement does not apply under SDLT. All land transactions liable to SDLT must be notified to HMRC unless they are one of the transactions described above and completed on or after 12 March 2008.

Advise on whether a particular transaction:
- requires to be notified to HMRC on a land transaction return certificate
- is exempt from SDLT (such as a legal charge)
- falls outside the scope of SDLT
can be obtained from the Stamp Taxes helpline and website: www.hmrc.gov.uk.

Form DI
Conveyancing Solicitors and Property Lawyers should use this form to reveal any disclosable overriding interests under rule 28 Land Registration Rules 2003 that are not apparent from the title deeds. This might include prescriptive rights and customary rights not recorded elsewhere.

Form EX1
In some situations, where a document will be referred to in the Property deeds Conveyancing Solicitors and Property Lawyers may wish to have prejudicial information removed from that document. Rule 136(1) Land Registration Rules 2003 provides for a request to be made by any person upon application.

If Conveyancing Solicitors and Property Lawyers wish to apply to the Registrar to designate a document as an exempt information document, they must use form EX1 (rule 136(2)(a) LRR 2003).

Form AP1
Separate applications are required in respect of registered and unregistered titles. Form AP1 is the application form for dealings with registered Property. Where the transfer or assent to the estate owner includes registered as well as unregistered titles, Conveyancing Solicitors and Property Lawyers should complete form AP1 and FR1 and pay a separate Land Registry fee in respect of each.

Form AP1 may also be needed where there has been a dealing with the Property prior to first registration.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 12 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 12)

Please telephone Paul on 0161 866 8999 if you require any further information.

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