Guidance

Notice 3: Land Charges applications by email (effective 1 April 2020)

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 (SI1974/1286), 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)“application” or “applications” means a type of application permitted by the Act or the Rules,

(e) “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,

(f) “business day” means a day when the land registry is open to the public under rule 216of the Land Registration Rules 2003,

(g) “direct debit reference number” means the unique reference number issued by HM Land Registry to a person who has entered into an agreement of the type referred to in paragraph 5.

Currency of notice

2.This Notice shall be current for the purposes of Schedule 3 to the Rules on and after 1 April 2020.

Land Charges services available by email.

3.Arrangements have been made for making applications under the Act and the Rules by email, subject to paragraphs 4 to 11 inclusive, and the registrar is satisfied that adequate arrangements have been made or will be in place for dealing with such applications when made by email.

Land Charges services that are not available by email

4.The applications listed in Schedule 1 to this notice, which are already available electronically to customers by HM Land Registry’s portal and Business Gateway, may not be made by email pursuant to this notice.

Who may deliver Land Charges applications by email

5.Applications by email may be made only 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.

When the service is available

6.Applications may be made at any time on a business day except that—

(a) when the business day in question follows a day that is not a business day, then applications cannot be made before 0800 hours on that business day, and

(b) when the business day in question is followed by a day that is not a business day, applications may not be made after 1500 hours on that business day.

General particulars and limitations for Land Charges applications by email

7.Applications by email must be made to the appropriate email address specified in Schedule 2 to this Notice.

8.Applications must be made by attaching to the email as PDF files:

(a) the appropriate form prescribed by the Rules for applications by post, document exchange or personal delivery, completed only in black print or black ink: and

(b) evidence in support of the application as required by the Rules.

(c) the registrar may request the production of original documentary evidence to support the application or for copy documents to be certified as true copies of the originals as the registrar shall deem appropriate.

9.Applications must include a return email address.

General limitations for issue of certificates or results

10.The certificate or other result maybe issued by email and where that is the case—

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

(b) it will be issued in the form of a PDF file attached to an email.

11.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.

…………………………………..

Robin Malpas

Deputy Director

1 April 2020

SCHEDULE 1

Applications that may not be made by email pursuant to this notice

A.Application under rule 16 for an official search in the index to the registers kept pursuant to the Act.

B.Application under rule 16 for an official search (Bankruptcy only) in the index to the registers kept pursuant to the Act.

C.Application under rule 19 for an office copy of an entry in a register kept pursuant to the Act.

SCHEDULE 2

All applications made in accordance with this notice must be made to the Land Charges Department of HM Land Registry at the appropriate email address given below.

Application type	Email address
Applications made in connection with bankruptcy pursuant to rules 10.13 or 10.45 of the Insolvency (England and Wales) Rules 2016 or any rules that supersede them.	[email protected]
Any other application	[email protected]