Guidance

Practice guide 82: electronic signatures accepted by HM Land Registry

Updated 27 August 2024

Applies to England and Wales

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Introduction

The guide sets out the different forms of electronic signatures which HM Land Registry can accept and the documents in respect of which they can be used.

It also explains a form of electronic signature (a Qualified Electronic Signature) that has been used by firms taking part in a pilot.

This guide is NOT concerned with electronic signatures that are used in documents creating interests which are only going to be the subject of a unilateral or agreed notice: we can proceed with the application for the entry of the notice regardless of the form of electronic signature used.

Where an electronic signature is used for a deed, see practice guide 8: execution of deeds for details of the attestation clauses required, which will be the same whether ‘wet ink’ or electronic signatures are used.

In this guide, ‘conveyancer’ has the meaning given by rule 217A of the Land Registration Rules 2003 and ‘individually regulated conveyancer’ means an individual described in paragraph (2)(a) or (b) of that rule, and so includes solicitors, barristers, licensed conveyancers and CILEx Conveyancing Practitioners. Broadly speaking, therefore, an individually regulated conveyancer’s firm or employer will be a conveyancer, and anything required in this guide to be done by a conveyancer, as opposed to an individually regulated conveyancer, can be done by any member of the conveyancer’s staff.

2. Mercury signatures

2.1 Background

The Law Commission report ‘Electronic execution of documents’ (Law Com No 386), published in September 2019, endorsed an approach put forward by the Law Society in a practice note “Execution of documents by virtual means” that was originally produced in 2009. The Law Society had advocated this approach as a “prudent” one to be taken in the execution of deeds (whether by an individual or on behalf of a company) where the parties were not all present on completion of a transaction. The form of signature involved was a scanned manuscript signature being added to the final version of the deed. The approach was set out in the practice note and referred to by the Law Society, and subsequently by the Law Commission, as “option 1”.

The Law Commission agreed with the view in the practice note that “the PDF (or Word) final version of the document and the PDF of the signed signature page (both attached to the same email) will constitute an original signed document and will equate to the ‘same physical document’ referred to in Mercury.” This is a reference to R (Mercury Tax Group Ltd) v HMRC [2008] EWHC 2721 (Admin) where Underhill J (as he then was) set out section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 and expressed his agreement with Counsel “that that language necessarily involves that the signature and attestation must form part of the same physical document” being signed. This is why the form of signature used in option 1 is usually referred to as a “Mercury PDF signature” or just a “Mercury signature”: it is a form of signing settled on as a response to comments in Mercury.

Mercury signing requires a traditional “wet ink” signature. However, it can be regarded as a form of electronic signature because the process involved means that it falls within the definition of an electronic signature in article 3(10) of Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions (‘the eIDAS Regulation’): “data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign”.

2.2 Mercury signatures: dispositions and other dealings being registered

Appendix 1 contains details of the dispositions and other dealings that can be Mercury signed. The equivalent in respect of unregistered land can also be signed in this way.

The following requirements must be met.

The first requirement is that all the parties to the disposition or other dealing, including any parties who are not signing, are represented by a conveyancer. This requirement is subject to three exceptions: only (i) the lender in the case of a mortgage, discharge or release, (ii) the personal representatives in the case of an assent, and (iii) the donor in the case of a power of attorney, need have conveyancers acting for them.

Where a document is to be signed by a party’s attorney, a conveyancer must be acting in respect of the execution, but it does not matter for the purposes of these requirements whether the conveyancer was instructed by the party or by the attorney.

The second requirement is that the steps listed below are followed:

• STEP 1 – Final agreed copies of the deed (including any plans) are emailed to each signing party by their conveyancer. To make clear what is expected (although this is not a requirement), conveyancers drafting the deed may wish to add a statement to the following effect, next to or beneath where the witness is to sign: “I confirm that I was physically present when [name of the party signing] signed this deed.”

• STEP 2 – Each party prints the signature page only.

• STEP 3 – Each party signs the signature page in the physical presence of a witness.

• STEP 4 – The witness signs the signature page.

• STEP 5 – Each party sends a single email to their conveyancer to which are attached the final agreed copy of the deed (see STEP 1) and a PDF/JPEG or other suitable copy of the signed signature page.

• STEP 6 – The conveyancing transaction is completed.

• STEP 7 – The conveyancer applying for registration uploads with the application the final agreed copy of the deed and the signed signature page or pages in the form of a single document.

In STEP 1 and STEP 5, the conveyancer concerned can be a conveyancer other than the party’s conveyancer provided that the arrangement has been agreed by all the parties’ conveyancers.

In STEP 7, the combining of the deed and signature pages to include with the application to HM Land Registry may be done either by their being (i) electronically combined or (ii) printed out and then physically combined. The conveyancer must certify the resulting deed as a true copy of the original in the usual way. For this purpose, the ‘original’ is the final version of the deed and the signed signature page attached to the email to the conveyancer.

The application for registration can be made by electronic means. If there has been electronic combination, the combined deed such as a transfer and signature pages can be directly uploaded as a single document; if there has been physical combination, the combined pages can be scanned as a single document.

Alternatively, the application can be made in paper form. A copy of the single combined document constituting the executed deed will need to be lodged: if electronically combined, the resulting document can be printed out.

A plan included in a transfer of part or other deed dealing with part of the land in a registered title must be signed by the transferor or other disponor: rule 213(2) of the Land Registration Rules 2003. The disponor’s conveyancer might, therefore, sign the plan (perhaps by a typed signature) as agent for the disponor before emailing them in STEP 1, so that the final execution copy of the deed sent to the disponor includes the signed plan. Conveyancers would need to satisfy themselves that they were duly authorised to sign as agent. Alternatively, the disponor might type their name on the plan by way of signature at STEP 3.

Where the document concerned is an assent of unregistered land, the requirements set out above apply but without the need for the presence of a witness in STEP 3 and ignoring STEP 4.

See Mercury signing and conveyancer-certified electronic signatures: companies where the dealing is by a company.

2.3 Mercury signatures: application forms and other documents

Appendix 1 contains details of the other documents that can be signed by way of Mercury signatures, including prescribed application forms, statements of truth (but not statutory declarations) and various certificates. The following requirements must be met.

The first requirement is that each signatory is represented by a conveyancer (unless the signatory is a conveyancer).

The second requirement is that the steps listed below are followed:

• STEP 1 – A conveyancer emails the document to the signatory.

• STEP 2 – The signatory prints the signature page only.

• STEP 3 – The signatory signs the signature page and adds the date; they also add their full name beneath their signature if it has not already been added.

• STEP 4 – The signatory sends an email to the conveyancer to which are attached the document (Step 1) and a PDF/JPEG or other suitable copy of the signed signature page.

• STEP 5 – The conveyancer prepares a single document made up of the document and the signed signature page.

• STEP 6 – The conveyancer, or another conveyancer who has satisfied themselves that these steps have been followed, uploads the document to HM Land Registry.

In STEP 5, the combining of the document and signature page to include with the application to HM Land Registry may be done either by their being (i) electronically combined or (ii) printed out and then physically combined. The conveyancer must certify the resulting document as a true copy of the original in the usual way. For this purpose, the ‘original’ is the final version of the document and the signed signature page attached to the email to the conveyancer.

3. Conveyancer-certified electronic signatures

3.1 Background

In Law Com No 386, referred to above, the Law Commission concluded that an electronic signature was capable in law of being used to execute a document, including a deed. The Law Commission also concluded that an electronic signature could be witnessed in essentially the same way as a wet ink signature, except that the witness who is physically present at the time of the signing would see the signatory adding their signature electronically to a document.

At the same time, the Law Commission recognised that if a public registry only accepted wet ink signatures, then the parties would not be able to execute documents electronically, regardless of the legal position. It did not take issue with HM Land Registry’s stance in its response to the Law Commission’s earlier consultation paper that a registration authority ‘needs to have control of the means of execution used for documents that must be registered, particularly where title guarantee is offered’.

HM Land Registry will accept most documents being electronically signed where the steps listed below are followed. As will be seen, one of these steps is that a conveyancer provides HM Land Registry with a certificate concerning the signature. As a result, these electronic signatures are referred to by us as ‘conveyancer-certified electronic signatures’. (In the past, the term ‘witnessed electronic signatures’ was sometimes used, but this can be misleading as the signatures may be ones that do not need to be witnessed).

The signing will require the use of an operating system or a platform that manages the electronic signing process, including the creation of the electronic signature. There are several providers of such platforms that allow for our requirements to be met. We do not prescribe that particular providers be used, nor do we have an approved list of providers.

The parties’ conveyancers are advised to retain with their conveyancing file a copy of the completion certificate or audit report produced by the platform at the end of the signing process. Such a certificate or report should give an audit trail of the signing, including the time and date of the signatures, email addresses the document was sent to, the one-time password (OTP) method used, the fields that were completed and the IP addresses of the devices that were used.

3.2 Conveyancer-certified electronic signatures: dispositions and other dealings being registered

Appendix 1 contains details of the dispositions and other dealings that can be signed using a conveyancer-certified electronic signature. The equivalent in respect of unregistered land and a power of attorney other than a lasting power of attorney can also be signed using such a signature.

The following requirements must be met.

The first requirement is that all the parties to the disposition or other dealing, including any parties who are not signing, are represented by a conveyancer. This requirement is subject to three exceptions: only (i) the lender in the case of a mortgage, discharge or release, (ii) the personal representatives in the case of an assent, and (iii) the donor in the case of a power of attorney, need have conveyancers acting for them.

Where a document is to be signed electronically by a party’s attorney, a conveyancer must be acting in respect of the execution, but it does not matter for the purposes of these requirements whether the conveyancer was instructed by the party or by the attorney.

The second requirement is that a conveyancer is responsible for setting up and controlling the signing process through the platform.

The third requirement is that the steps listed below are followed:

• STEP 1 – The conveyancer controlling the signing process ensures that:

  • the final agreed copy of the document (including any plans) is uploaded to the platform. To make clear what is expected (although this is not a requirement), conveyancers drafting the deed may wish to add a statement to the following effect next to or beneath where the witness is to sign: “I confirm that I was physically present when [name of the party signing] signed this deed.”

  • the platform is populated with the name, email address and mobile phone number of the signatories and the witnesses. Where the platform allows, the details for a witness can be populated later, either by the signatory entering the details for their witness or the conveyancer doing so, provided this is done before STEP 5

  • the fields must be completed within the document (including signature fields on any plans that must be signed) are highlighted and indicate who is to complete them as well as in what order, so that the signatory is followed by their witness. In order to comply with STEP 6, a conveyancer must date the document whilst it is still uploaded to the platform. The controlling conveyancer may wish, therefore, to highlight the date field as one that requires completing in the signing flow and assign it to the conveyancer dating the document

• STEP 2 – The platform emails the signatories to give them access to the document.

• STEP 3 – The platform texts the signatories an OTP, with a minimum of six numbers.

• STEP 4 – The signatories enter the OTP and then sign the document in the physical presence of the witness, with the date and time being automatically recorded within the platform’s audit trail.

• STEP 5 – Once the signatory has signed the document, the witness will receive an email from the platform inviting them to sign and add their details in the space provided in the attestation clause. The witness inputs an OTP sent to them by text message by the platform, signs and adds their address in the space provided, with the date and time being automatically recorded again.

• STEP 6 – Once the signing process has been concluded, the conveyancer controlling the signing process or another conveyancer acting for one of the parties dates the document within the platform with the date it took effect. (There will be a gap between this step and the previous one if, as will often be the case, the deed is signed by all the signatories and witnesses some time in advance of completion.)

• STEP 7 – The conveyancer who lodges the application does so by electronic means and includes with the application:

  • a PDF of the completed document. Where the application is for first registration, a print-out of the PDF, certified to be a true copy of the original deed, can be lodged

  • a certificate (not necessarily signed by them: see below) in the following form: “I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.” The certificate needs to be dated and signed by an individually regulated conveyancer, their full name and firm or employer must be added and the deed or deeds for which the certificate is given must be specified. Appendix 2 contains an example of an acceptable certificate

This certificate will be read by HM Land Registry as referring to the requirements as they were on the relevant date. This means that if, for example, the requirements in respect of the signing process change but the signing process has been completed before the date on which the requirements changed, the certificate will be read as referring to those particular requirements as they were before the change.

The certificate can be given by an individually regulated conveyancer acting for any party provided the conveyancer has satisfied themself that the deed was duly executed. For the avoidance of doubt the certificate must be given by an individually regulated conveyancer and not a member of their staff. In most cases involving transfers, the conveyancer controlling the signing process will be the seller’s conveyancer and the conveyancer lodging the application will be the buyer’s conveyancer. The certificate might then be signed by an individually regulated conveyancer acting for the seller and passed on to the buyer’s conveyancer; alternatively, an individually regulated conveyancer acting for the buyer, having been satisfied on completion that the deed was duly executed, might sign the certificate, bearing in mind its qualified terms.

An individually regulated conveyancer is not precluded from giving the certificate because they have signed the deed themselves on behalf of a party, acting under a power of attorney.

The registrar will rely on the conveyancer’s certificate lodged with the application. Any audit report or certificate of completion issued by the platform must not be lodged with the application but should be retained. It may contain personal data and would be open to public inspection.

Where the document concerned is an assent of unregistered land, the requirements set out above apply but without the need for the presence of a witness in STEP 4 and ignoring STEP 5.

See Mercury signing and conveyancer-certified electronic signatures: companies where the dealing is by a company.

3.3 Amendments to dispositionary deeds signed with conveyancer-certified electronic signatures

It should rarely be necessary to amend a deed after it has been executed. The following is guidance on how this might be done where the deed has been signed with electronic signatures.

More general guidance can be found in practice guide 68: amending deeds that effect dispositions of registered land.

3.3.1 Mistake discovered before the application is lodged with HM Land Registry

When any document has been signed electronically, there is necessarily no paper document that can be amended to correct mistakes. In situations where a manuscript amendment might have been considered for a paper deed, there are two options.

The first option is for the executed deed to be printed out and amendments made to this print-out. The print-out should have an endorsement added at the start reading along these lines: “The electronic deed of which this is a print-out is amended this day [date] as follows.”

If a party has not consented to an amendment and the amendment is ‘material’, it is unenforceable as against that party. Hence, with material amendments, the amendments must be countersigned by the parties. An amendment is material if it is ‘potentially prejudicial to [a party’s] legal rights or obligations under the instrument’ (Raiffeisen Zentralbank v Crossseas Shipping [2000] 1 WLR 1135).

If an amendment is not material, the endorsed print-out need only be amended by an individually regulated conveyancer acting for one of the parties and adding their signature, full name and the name of their firm or employer. (Where there is more than one amendment, the conveyancer need only follow their signature with their full name and the name of their firm or employer once.) We will assume amendments have been done with the consent of all the parties to the deed and will place reliance on this. An amendment is not material if it has “rendered express, or had no effect upon, in the sense of adding nothing to, what the law would otherwise provide or imply” or it “merely corrects [an] error in description in accordance with the original intention” (Raiffeisen Zentralbank, above).

If it is unclear whether an amendment is material, the prudent approach would be to proceed on the basis that it is and have the amendment countersigned by the parties.

The electronic deed and the print-out (and confirmation from the conveyancer, if applicable) are then uploaded with the application. The lodging conveyancer should click on the certification ‘I/We certify this attachment is a true copy of the original’ if they hold the original signed and endorsed print-out; they should click on the certification ‘I/We certify this attachment is a true copy of a document which is certified by a conveyancer to be a true copy of the original’ if another conveyancer in the transaction holds the original signed and endorsed print-out and has sent them a copy which they have certified to be a true copy.

The second option, whether the amendment is material or immaterial, is for the parties to execute a deed of rectification or variation. However, this second option will not be effective if the amendment is intended to add additional land that was not transferred by a transfer or demised by a prescribed clauses lease. In this case, the first option must be used (or the parties must execute a second transfer in form TR1 or other prescribed form, or second prescribed clauses lease).

3.3.2 Mistake discovered while the deed is in the course of registration

The position is the same as in section 3.3.1 where the amendment is immaterial.

Where the amendment is material, the position will depend on the nature of the amendment and all the circumstances.

For example, if it is to add land to a transfer, to create a restrictive covenant that is to be noted or to add the grant of an easement to be completed by registration, then a further application may well be required, as otherwise an interest might have a date of registration earlier than its creation. See also practice guide 68: amending deeds that effect dispositions of registered land.

3.4 Conveyancer-certified electronic signatures: statements of truth

HM Land Registry can accept a statement of truth which has been signed using a conveyancer-certified electronic signature. The following requirements must be met.

The first requirement is that the signatory is represented by a conveyancer (unless the signatory is a conveyancer).

The second requirement is that a conveyancer is responsible for setting up and controlling the signing process through the platform.

The third requirement is that the steps listed below are followed:

• STEP 1 – The conveyancer controlling the signing process ensures that:

  • the statement is uploaded to the platform

  • the platform is populated with the name, email address and mobile phone number of the signatory

  • the fields that need completing within the statement are highlighted.

• STEP 2 – The platform emails the signatory to give them access to the statement.

• STEP 3 – The platform texts the signatory an OTP, with a minimum of six numbers.

• STEP 4 – The signatory enters the OTP and then signs and dates the statement. They also add their full name beneath the signature if it has not already been added.

• STEP 5 – The statement must be uploaded to HM Land Registry by a conveyancer. It must be in the form of a PDF or a print-out of the PDF which is certified to be a true copy of the original statement. The conveyancer must also upload a certificate in the following form: “I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.” The certificate needs to be dated and signed by an individually regulated conveyancer, their full name and firm or employer must be added and the statement of truth for which the certificate is given must be specified. Appendix 2 contains an example of an acceptable certificate.

This certificate will be read by HM Land Registry as referring to the requirements as they were on the relevant date. This means that if, for example, the requirements in respect of the signing process change but the signing process has been completed before the date on which the requirements changed, the certificate will be read as referring to those particular requirements as they were before the change.

If the certificate is given by an individually regulated conveyancer who was not responsible for setting up and controlling the signing process through the platform, they will, of course, need to be satisfied that the statement was duly signed, but the qualified terms of the certificate should be borne in mind.

The registrar will rely on the conveyancer’s certificate uploaded with the application. Any audit report or certificate of completion issued by the platform must not be uploaded with the application but should be retained. It may contain personal data and would be open to public inspection.

4. ‘Mixed signing’

If:

• one person is to sign the deed in wet ink, either in the conventional way or as part of the Mercury signing process and another to sign with a conveyancer-certified electronic signature, or

• each person is to use a different electronic signature platform,

this can be done by each person signing a separate copy of the deed (see section 11 of practice guide 8: execution of deeds)

In both situations, all the requirements set out in this guide must be observed in respect of all persons signing other than in the conventional way. However, only the first requirement applies – that he or she is represented by a conveyancer – in respect of a person who has signed a counterpart that does not need to be lodged (for example, where the signatory is the tenant of the lease being granted or a transferee who is merely covenanting with the transferor).

Note that mixed signing in the sense of a signatory signing in wet ink and their witness signing with a conveyancer-certified electronic signature, and vice versa, is not acceptable. The requirements for conveyancer-certified electronic signatures involve a signatory and their witness both signing in the same way through the platform.

5. Mercury signing and conveyancer-certified electronic signatures: companies

This section explains the requirements where the deed or document is being signed on behalf of a company by two ‘authorised signatories’ under section 44(2)(a) of the Companies Act 2006 and the signatories wish to sign by way of Mercury signing or conveyancer-certified electronic signatures. It also applies, with the necessary amendments, where the signing is on behalf of other types of corporate entities which are entitled to sign in a similar fashion. One example would be a limited liability partnership that is signing by two members under the same statutory provision as companies, as modified by regulation 4 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009.

We think that there must be doubt as to whether a company can use some form of electronic common seal as section 45 of the Companies Act 2006 appears to envisage a physical seal. We will not, therefore, accept documents sealed electronically by a company. We also think there must be some uncertainty at the moment as to whether one authorised signatory can sign using one type of signature and the other using another.

See also section 5 of practice guide 78: overseas companies and limited liability partnerships.

5.1 Authorised signatories and Mercury signing

Note that the company, rather than the authorised signatories, will be a party to the disposition or other dealing.

The STEPs in the second requirement in Mercury signatures: dispositions and other dealings being registered are modified in so far as the company is concerned as follows.

• STEP 1 – The final agreed copy of the document (including any plans) is emailed to the authorised signatories by the company’s conveyancer.

• STEP 2 – Each authorised signatory prints the signature page only, or one of them prints it.

• STEP 3 – Each authorised signatory signs the signature page or signs the signature page they printed.

• STEP 4 – Not applicable.

• STEP 5 – One of the authorised signatories sends a single email to the company’s conveyancer to which are attached the final agreed copy of the document (see STEP 1) and a PDF/JPEG or other suitable copy of the signed signature page or pages.

If the authorised signatories are to sign the same signature page, it can be passed to the second after being signed (in wet ink) by the first either as a hard copy or as an email attachment: in the latter case, it will need to be printed out by the second authorised signatory so that it can be also signed by them (in wet ink). Similarly, if they each sign a separate signature page, the authorised signatory who is not going to send the email to the company’s conveyancer can pass their signed (in wet ink) signature page to the other authorised signatory as a hard copy or as an email attachment.

In STEP 1 and STEP 5, the conveyancer concerned can be a conveyancer other than the company’s conveyancer provided that the arrangement has been agreed by all the parties’ conveyancers.

5.2 Authorised signatories and conveyancer certified electronic signatures

Note that the company, rather than the authorised signatories, will be a party to the disposition or other dealing.

The STEPs in the third requirement in Conveyancer-certified electronic signatures: dispositions and other dealings being registered are modified in so far as the company is concerned as follows.

• STEP 1 – The conveyancer controlling the signing process ensures that:

  • the final agreed copy of the document (including any plans) is uploaded to the platform.

  • the platform is populated with the names, email addresses and mobile phone numbers of the authorised signatories.

  • the fields that need completing within the document (including signature fields on any plans that are required to be signed) are highlighted and indicate by whom they are to be completed. In order to comply with STEP 6 in Conveyancer-certified electronic signatures: dispositions and other dealings being registered, a conveyancer must date the document in the platform. The controlling conveyancer may wish, therefore, to highlight the date field as one that requires completing in the signing flow and assign it to the conveyancer dating the document.

• STEP 2 – The platform emails the authorised signatories to give them access to the document.

• STEP 3 – The platform texts the authorised signatories an OTP, with a minimum of six numbers.

• STEP 4 – The authorised signatories enter the OTP and then sign the document, with the date and time being automatically recorded within the platform’s audit trail.

• STEP 5 – Not applicable.

6. Details of our earlier practice

Our practice on electronic signatures that was current between 27 July 2020 and 6 September 2020

Our practice on electronic signatures that was current between 7 September 2020 and 14 February 2021

Our practice on electronic signatures that was current between 15 February 2021 and 8 August 2021

Our practice on electronic signatures that was current between 9 August 2021 and 31 October 2021

Our practice on electronic signatures that was current between 1 November 2021 and 27 March 2022

Our practice on electronic signatures that was current between 28 March 2022 and 14 August 2022

Our practice on electronic signatures that was current between 15 August 2022 and 14 April 2024

Our practice on electronic signatures that was current between 15 April 2024 and 14 July 2024

7. Simple electronic signatures

We use this term, ‘simple electronic signatures’, to mean electronic signatures that are not Mercury signatures, conveyancer-certified electronic signatures or Qualified Electronic Signatures.

Examples of simple electronic signatures are: a name typed at the end of an electronic document, a scanned manuscript signature added to an electronic document, and the typing of a name at the end of an email, provided in all cases that it demonstrates an intention to be bound by the document or statement concerned.

An electronic signature obtained through the use of an operating system or platform can constitute a simple electronic signature if it does not meet the requirements set out in section 3 to be a conveyancer-certified electronic signature.

For the purposes of this Practice Guide, an Advanced Electronic Signature as defined in the eIDAS Regulation as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (the UK eIDAS Regulations) is to be treated as a simple electronic signature.

It will be seen from Appendix 1 that simple electronic signatures can be used in various situations, including:

• a conveyancer signing prescribed HM Land Registry application forms, doing so by typing their name in the relevant panel at the end of the form

• a registered proprietor, or person entitled to be registered as proprietor, signing panel 11 of form RX1

• a conveyancer providing a certificate for the purposes of a conveyancer-certified electronic signature

• an objector signing a letter of objection

Note that the ‘Simple electronic signature’ column in Appendix 1 is necessarily only a general guide because of the range of signatures that the term covers. As a result, it may sometimes be necessary to provide further evidence.

8. Qualified Electronic Signatures

Section 91 of the Land Registration Act 2002 provides for a document in electronic form to be regarded for the purposes of legislation as a deed if certain conditions are met. Not being an actual deed, there is no need for the signatures to be witnessed. One of the conditions for the section applying is that any conditions required by the Land Registration Rules 2003 are met. Some of these conditions are set out in a Notice given by the registrar under rule 54C and one of these is that the document must be signed with qualified electronic signatures.

The eIDAS Regulation as amended by the UK eIDAS Regulations defines a qualified electronic signature. Key features are that the signature is:

• uniquely linked to the signatory and capable of identifying them

• linked to the signed data in such a way that any subsequent change in the data is detectable

• supported by a ‘qualified certificate’ issued by a ‘qualified trust service provider’

• created using a qualified signature creation device

The Information Commissioner’s Office has produced a Guide to eIDAS that explains the eIDAS Regulation and the UK eIDAS Regulations and their effect: https://ico.org.uk/for-organisations/guide-to-eidas/.

We have accepted electronic dispositions signed with qualified electronic signatures under a pilot scheme involving a small number of conveyancers and a limited number of kinds of registrable disposition: see Rule 54C Notice.

9. Execution of deeds by local authorities

See section 7 of practice guide 8: execution of deeds for information on how a local authority may execute a deed.

10. Appendix 1: Signature Table

Note 1: HM Land Registry will rely on a conveyancer uploading a form, consent or certificate which has purportedly been electronically signed by someone else having no reason to doubt its authenticity (which is equally the case where the document is wet-ink signed).

Note 2: Some HM Land Registry forms require that a photograph be affixed: these forms must be wet ink signed and a certified copy uploaded.

10.1 Application and similar forms

Form	Mercury signing process	Conveyancer-certified electronic signature	Simple electronic signature
HM Land Registry forms not specifically referred to in this Signature Table	Yes	Yes but unnecessary: see following column	Yes where the signature is that of (i) the conveyancer lodging the form or (ii) another conveyancer on whose behalf a conveyancer is lodging the form. Yes where the signature is that of the applicant and (i) the form is lodged with an application made by the applicant through the portal or Business Gateway or (ii) the form is lodged by a conveyancer.
Panel 11 of form RX1	Yes	Yes but unnecessary: see following column	Yes
Form UN1	Yes	Yes but unnecessary: see following column	Yes

10.2 Dispositions and dealings being registered or noted

Document	Mercury signing process	Conveyancer-certified electronic signature	Simple electronic signature
Assents (AS1, AS2, AS3)	Yes	Yes	No
Deed granting or reserving easements	Yes	Yes	No
Deed of release/variation of easements	Yes	Yes	Yes but the entry will be a qualified entry (such as stating that the rights were expressed to be released)
Deed of release/variation of covenants	Yes	Yes	Yes but the entry will be a qualified entry (such as stating that the covenants were expressed to be released)
Deed preventing acquisition of, or releasing, rights of light or air	Yes	Yes	Yes but the entry will be a qualified entry (such as stating that the deed is one purporting to be made between [the named parties])
Legal charge including where a CH1 is used (but excluding Digital Mortgages)	Yes	Yes	No
Digital Mortgages	No	No	Only by an advanced electronic signature provided through HM Land Registry’s digital mortgage service
Discharge of a charge (DS1, DS3)	Yes	Yes	No, unless approved by the registrar under rule 114(3) of the Land Registration Rules 2003
Deed of substituted security	Yes	Yes	No
Deed of postponement of a registered charge	Yes	Yes	No
Deed of variation of a registered charge	Yes	Yes	No
Deed of surrender of a registered/noted lease	Yes	Yes	No
Transfer by tenant to landlord by way of surrender	Yes	Yes	No
Deed of variation/rectification of a lease	Yes	Yes	No
Registrable lease (section 27(2)(b) of the Land Registration Act 2002)	Yes	Yes	No
Transfer (TR1, TR2, TR4, TR5, TP1, TP2)	Yes	Yes	No
Plan attached to a disposition of part of the land in a registered title	Yes	Yes	Yes
Deed effecting a disposition required to be completed by registration under section 27 of the Land Registration Act 2002 and not already mentioned in this part of the Signature Table	Yes	Yes	No
Deed under section 40 of the Trustee Act 1925 appointing a new trustee or discharging a retiring trustee when signed by individuals whether on their own behalf or on behalf of a corporation	Yes	Yes	No
Memorandum appointing or discharging trustees under section 334 of the Charities Act 2011	Yes	Yes	No

10.3 Miscellaneous

Document	Mercury signing process	Conveyancer-certified electronic signature	Simple electronic signature
Certificate required for a conveyancer-certified electronically signed document	Yes	No as it would mean a never-ending chain of certificates	Yes but must be given by an individually regulated conveyancer in their own name
Certificate by conveyancer under Schedule 3 to the Land Registration Rules 2003	Yes	Yes but unnecessary; see following column	Yes but must be lodged by a conveyancer
Certificate by qualified lawyer in Form 7 under Schedule 3 to the Land Registration Rules 2003	Yes	Yes but unnecessary; see following column	Yes but must be lodged by a conveyancer
Confirmation or certificate that a charge lodged for registration is a copy of (i) the original charge of which a copy filed at Companies House and (ii) the charge to which the certificate of registration relates (see section 4 of practice guide 29: registration of legal charges and deeds of variation of a charge)	Yes	Yes but unnecessary; see following column	Yes but must be given by a conveyancer
Consents and other certificates by conveyancers (for example, confirming correct name of a person or confirming they hold original or official copy of grant of probate/letters of administration)	Yes	Yes but unnecessary; see following column	Yes but must be lodged by a conveyancer. For the signing of the additional certificate required when a form PN1 is lodged by a conveyancer via email, see section 3.2 of practice guide 74: searches of the index of proprietors’ names
Consents and certificates other than by conveyancers. For example, a chargee’s consent to the chargor’s grant of a lease. Note: For consents and certificates required by restrictions, see section 3.1.5 of practice guide 19: notices, restrictions and the protection of third-party interests in the register	Yes	Yes but unnecessary; see following column	Yes but must be lodged by a conveyancer
Forms ID1, ID2, ID3 and ID5	No	No	No
Power of attorney other than lasting power of attorney	Yes	Yes	No
Lasting power of attorney	No	No	No
Letter of objection	Yes	Yes but unnecessary; see following column	Yes
Statement of truth	Yes	Yes	Yes but must be signed by an individually regulated conveyancer in their own name and lodged by a conveyancer
Statutory declaration	No	No	No
Plan attached to an application dealing with part of the land in a registered title	Yes	Yes but unnecessary; see following column	Yes
Staircasing memorandum in respect of a shared ownership lease	Yes	Yes but unnecessary; see following column	Yes

11. Appendix 2: Acceptable certificates for conveyancer-certified electronic signatures

To HM Land Registry

Title Number: AB1234

Property Description: The freehold/leasehold land shown edged with red on the plan of the above title and being [property address]

Proprietor/Applicant:

Deed/document for which this certificate is given (including date and parties):

I act for the Proprietor/Applicant/…

I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.

Signature of individually regulated conveyancer:

Full name of individually regulated conveyancer:

Name of individually regulated conveyancer’s firm or employer:

Address of firm or employer:

Date of this certificate

Where the certificate is being given in respect of a power of attorney, it needs to be slightly modified. The following is acceptable.

The wording in square brackets can be omitted if (i) the certificate follows the power of attorney in the same document, or (ii) a PDF of the signed power is merged with a PDF of the signed certificate.

To HM Land Registry

[Date of and parties to the power of attorney for which this certificate is given (include only first four donees if more than four):]

I act for the donor.

I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.

Signature of individually regulated conveyancer:

Full name of individually regulated conveyancer:

Name of individually regulated conveyancer’s firm or employer:

Address of firm or employer:

Date of this certificate:

12. Things to remember

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