Guidance

Notice 2: Land Charges services through Land Registry Portal and Business Gateway (effective 10 September 2014)

Updated 28 November 2023

Applies to England and Wales

Notice given under Schedule 3 to the Land Charges Rules 1974

Interpretation

1.In this Notice:

(a) “the Act” means the Land Charges Act 1972,

(b) “the Rules” means the Land Charges Rules 1974 (SI 1974/1286), as amended from time to time, and a reference to a rule by number is to the rule so numbered in the Rules,

(c) expressions used have, unless the contrary intention appears, the meaning which they bear in the Act and Rules,

(d) “bank holiday” means a day specified as or proclaimed to be a bank holiday in England and Wales in or under section 1 of the Banking and Financial Dealings Act 1971,

(e) “business day” means a day when the land registry is open to the public under rule 216,

(f) “Business Gateway” means the Land Registry’s XML machine to machine interface linking an applicant to Land Registry,

(g) “direct debit reference number” means the unique reference number issued by Land Registry to a person who has entered into an agreement of the type referred to in paragraph 8,

(h) “portal” means a secure website platform used to access Land Registry’s Business e-services.

Currency of notice

2.This Notice shall be current for the purposes of Schedule 3 to the Rules on and after 10 September 2014.

Land Charges services available through portal or Business Gateway

3.Column 1 of the Schedule lists the Land Charges services available through the portal and Business Gateway, and the registrar is satisfied that adequate arrangements have been made or will be in place for dealing with the applications and other matters specified in this notice.

4.Column 2 of the Schedule lists against the relevant service any limitations on use or requirements specific to that service.

5.All the services are subject to the provisions of paragraphs 6 to 15.

When the services are available

6.Applications may only be delivered, subject to clause 14, between:

(a) 0630 hours and 2300 hours every day.

(b) The service may not be available for up to 15 hours each month due to essential maintenance, improvement and testing work. The registrar will endeavour to undertake such work at times on a Sunday or when it will have minimal impact on applicants.

Who may deliver applications

7.Applications may only be delivered by a person who:

(a) has been approved by the Land Registry to use the portal, and

(b) has accepted the Land Registry’s Conditions of Use and complies with those conditions, and

(c) if delivering applications through the Business Gateway, has accepted the Land Registry’s Business Gateway Connection Terms and Conditions and complies with them.

8.Applications listed in column 1 of the Schedule may only be delivered by a person who has entered into an agreement allowing payment of fees by direct debit as authorised under rule 4(5) of the Land Charges Fees Rules 1990 (or under any rules that supersede them) and who provides, if requested, their direct debit reference number.

Particulars to be provided

9.Each applicant must provide on request:

(a) such of the particulars set out in paragraph 10 as are required for an application of the type applied for, and

(b) any particulars specified in relation to such application in the second column of the Schedule.

General particulars for applications

10.The particulars referred to in paragraph 9(a) are:

(a) where requested, the name and address (including postcode) of the applicant,

(b) if the applicant has a Land Registry key number, the key number of the applicant,

(c) the applicant’s reference,

(d) the name, address and reference of the person or firm to whom any:

(i) office copy in paper form,

(ii) result in paper form of official search of the index to the land charges registers kept pursuant to the Act,

(iii) result in paper form of official search (Bankruptcy only) of the index to the land charges registers kept pursuant to the Act,

is to be despatched.

General limitations for applications

11.No deed, document or plan may be attached to an application.

General limitations for issue of certificates or results

12.Subject to paragraphs 14 and 15, the certificate or other result will be issued in electronic form.

13.Where a certificate or other result of an application or search is issued by electronic means under rule 20(6):

(a) no paper copy of that certificate or result will be issued,

(b) it will be issued by being made available for download on the day of completion of the application and for a further twenty nine days thereafter, unless issued through Business Gateway, in which case it will be available indefinitely to the applicant,

(c) it will be issued in the form of a PDF file.

14.If the application is delivered:

(a) between 1800 hours on a Friday and 0700 hours on a Monday,

(b) at any time on Christmas Day, Good Friday or a bank holiday,

(c) after 1800 hours on a day before Christmas Day, Good Friday or a bank holiday, or

(d) before 0700 on a day after Christmas Day, Good Friday or a bank holiday,

the certificate or other result will not be issued until after 0700 on the first business day after the weekend (Saturday and Sunday) or bank holiday as the case may be, and will be issued in paper format.

15.(a) The certificate or other result will be issued in paper format if:

(i) it exceeds ten megabytes in size, or

(ii) it exceeds 200 pages,

(iii) it exceeds A3 size.

(b) Where an individual entry in a Land Charges register, or a document related to it, is not kept in electronic form, or for any other reason the registrar considers that an office copy cannot conveniently be issued in electronic form, he may issue an office copy in paper form.

Alasdair Lewis
Director of Legal Services
9 September 2014

Schedule

Land Charges services available through the portal and Business Gateway

Service	Specific limitations or requirements
A. Application under rule 16 for an official search in the index to the registers kept pursuant to the Act.	1. The forename and surname of each individual to be searched, or the company or other body’s name (limited to 254 characters) must be provided. 2. The inclusive period of years to be searched must be provided for each name to be searched. 3. The county or unitary authority area, and former county must be provided, in accordance with Land Registry Practice Guide 63 (December 2012) – Land Charges – Applications for registration, official search, office copy and cancellation. 4. Searches affecting land within the Greater London area should state “Greater London” as the county name. 5. A description of the land need not be given, but if one is given, any relevant former description of the land must also be given.
B.Application under rule 16 for an official search (Bankruptcy only) in the index to the registers kept pursuant to the Act.	The Forename and Surname of each name to be searched must be provided.
C.Application under rule 19 for an office copy of an entry in a register kept pursuant to the Act.	1. There must be provided confirmation as to whether a copy of any plan filed in the register is required. 2. Particulars of the type of entry in the register must be supplied. 3. The Land Charges registration number must be supplied. 4. The date of the registration must be supplied. 5. The particulars of the estate owner must be supplied, being only one individual or body (limited to 254 characters).
D.Inspection of the registers kept pursuant to the Act under rule 3(2).
E.Issuing the certificate of result of an official search in the index to the registers kept pursuant to the Act under rule 17.
F.Issuing the certificate of result of an official search (Bankruptcy only) in the index to the registers kept pursuant to the Act.
G.Issuing result of an application for an office copy of an entry in a register kept pursuant to the Act.