Tystiolaeth hunaniaeth (CY67)
Mae'r cyfarwyddyd hwn yn egluro pryd bydd angen tystiolaeth hunaniaeth a sut y dylid ei darparu. Mae wedi ei anelu at drawsgludwyr (cyfarwyddyd ymarfer 67).
Yn berthnasol i Gymru a Loegr
Dogfennau
Manylion
Mae’r cyfarwyddyd hwn yn egluro pryd bydd angen tystiolaeth hunaniaeth a sut y dylid ei darparu. Mae wedi ei anelu at drawsgludwyr a dylech ddehongli cyfeiriadau atoch ‘chi’ felly. Bydd staff Cofrestrfa Tir EF yn cyfeirio ato hefyd.
Dim ond gwybodaeth ffeithiol a chyngor diduedd ynghylch ein gweithdrefnau rydym yn eu darparu. Darllenwch ragor am y cyngor rydym yn ei roi.
Gweminarau
Gallwch ymuno â’n gweminarau di-dâl i gael cyngor ar ystod o bynciau cofrestru tir a sut i baratoi ceisiadau o safon.
Updates to this page
Cyhoeddwyd ar 10 Tachwedd 2008Diweddarwyd ddiwethaf ar 12 Awst 2024 + show all updates
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Section 4.1 has been amended to explain how to obtain an identity facility letter.
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Section 11 has been amended to clarify that, if you submit one set of identity evidence to cover multiple applications, you must state in each application that the confirmation of identity evidence has been lodged as part of an application against another title and state the number.
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The guide has been amended as a result of amendments made to form ID3 and the withdrawal of form ID4.
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Section 3.1 has been amended and section 8.4 added as CLC-regulated licensed probate practitioners can now verify identity on forms ID1 and ID2.
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Following a review of our practice regarding the exceptions referred to in sections 4.1.B and 4.1.C, a personal representative who assents or transfers the land has been removed from the exception status. This has immediate effect as a safeguard against fraud. Previously this practice guide did advise you to note “that although we do not routinely require evidence of identity for a personal representative, we may ask for this, in addition to evidence of their appointment, in some instances. We will let you know if this required.” Section 4.1.B has been updated accordingly.
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Section 8 has been amended to clarify you should always use the current versions of our ID forms.
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Section 8.1 has been amended to clarify our requirements regarding the photograph to be attached to the identity form.
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The guide has been amended because of the merging of practice guide 67a (temporary changes to HM Land Registry’s evidence of identity requirements) into this guide.
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The example panel 6 of Form AP1 in section 11.2 has been amended to reflect changes made by the Land Registration (Amendment) Rules 2022 which came into force on 1 August 2022.
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Sections 3.2 and 4.1 have been amended to make clear where a transaction is caught by the identity requirements, panel 13(1) of form AP1 must be completed in all cases, even when a party is exempt from confirmation of identity in section 4.1.
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Section 3.1 has been amended to remove reference to Chartered Legal Executive Conveyancing Practitioners as this title is not in use.
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Section 3.4 has been amended to provide additional explanation about rule 17 of the Land Registration Rules 2003 and to confirm that we may ask you to provide additional evidence in some instances. Section 4.1 has been amended to explain that although we do not normally require evidence of identity for a personal representative, we might ask for this in any particular instance.
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Section 6.1 has been amended to confirm that where there is a chain of attorneys, identity evidence is needed for them all.
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Following correspondence received, section 4.1.C has been amended to require medical evidence of incapacity whichever option has been selected in panel 5 of the lasting power of attorney form.
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The amendments we made to the guide on 4 May 2020 as a result of the coronavirus (COVID-19) outbreak have been further amended as a result of customer feedback. Some changes have also been made to the evidence of identity forms referred to in the guide, in particular to forms ID1, ID2 and ID5, in relation to verification by way of a video call.
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Sections 1, 4.1, 8, 8.1, 8.5 and 10 have been amended because of the coronavirus (COVID-19) outbreak. Please see also our new temporary supplement: practice guide 67A: temporary changes to HM Land Registry’s evidence of identity requirements.
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Section 4.1.D has been amended to remove obsolete information about facility letters.
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Section 3.1 has been amended to make it clearer that while all Chartered Legal Executives may verify identity, only CILEx Conveyancing Practitioners or Chartered Legal Executive Conveyancing Practitioners can provide certificates to comply with Form LL restrictions.
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Section 8.6 has been amended to clarify that a notary public needs to send us evidence of their authority to practise in the relevant jurisdiction.
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The insolvency official, etc, exception and The not practicable exception in section 4.1 have been amended, respectively, to confirm that form ID1 is not required for a guardian appointed pursuant to the Guardianship (Missing Persons) Act 2017 or for the missing person. Evidence of the guardian’s appointment, however, must be lodged with any application involving a guardian.
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Section 6.1 has been amended to make clearer our requirements and to mirror guidance in section 5.1.
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Section 8 has been amended to remove information not relevant to evidence of identity. Section 9 has been amended to reflect changes in the way applications are submitted to HM Land Registry.
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Section 3 has been amended to clarify that to come within the definition of conveyancer in rule 217A of the Land Registration Rules 2003, an individual must have a current practising certificate. Section 4 has been amended to confirm our existing practice that evidence of identity is not required for borrowers or guarantors who are not, or are not becoming, the registered proprietor. Section 4.1 has been expanded to include guidance for when a lasting or enduring power of attorney has been used.
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Sections 5.1, 6.1 and 11 have been amended to clarify our requirements in relation to rule 17 identity evidence for attorneys.
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Section 4 has been amended to clarify that evidence of identity is required for a lender but not for their attorney or agent for a paper discharge or a deed of substituted security.
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Section 8.2 has been amended to clarify that HM Land Registry will contact conveyancers and other verifiers to check that an identity form completed in their name is genuine.
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Section 4.1 has been amended to clarify when a ‘facility letter’ issued in relation to a person’s identity can be used.
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A new section 7 has been inserted dealing with situations where an application to HM Land Registry is re-lodged or renewed by a different conveyancer to the one who lodged it originally. Section 8 has been amended to clarify that both sides of a photograph in form ID1 and form ID2 are required when copies are sent electronically.
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Video about How to avoid Land Registry requisitions: Confirmation of identity added.
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Section 6.3 has been amended to clarify that, where evidence of identity is supplied in respect of a change of name application, we also need to see evidence in the person’s former name.
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Section 7.1 has been amended to clarify that the photograph being attached to an identity form must be in colour.
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Link to the advice we offer added.
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Sections 3.1 and 7 have been amended. CILEx Conveyancing Practitioners, Chartered Legal Executive Conveyancing Practitioners, Chartered Legal Executives and an officer of the UK armed forces serving overseas can now verify identity. Changes have also been made to forms ID1 and ID2.
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Welsh translation added.
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First published.