Guidance

Notice 28: Applications by email for a search in the index of proprietors’ names (effective 15 December 2022)

Updated 16 August 2024

Applies to England and Wales

Notice given by the registrar under Schedule 2 to the Land Registration Rules 2003

Interpretation

1.In this Notice:

(a) “the Rules” means the Land Registration Rules 2003 (SI 2003/1417), as amended from time to time, and a reference to a rule by number is to the rule so numbered in the Rules,

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

(c) where relevant, a “person” includes a body referred to in rule 217A(1)(b).

Currency of Notice

2.This Notice is made under rule 14 of, and Schedule 2 to the Rules and shall be current for the purposes of Schedule 2 to the Rules on and after 15 December 2022. On that date, this Notice replaces the Notice of 28 July 2022 in respect of applications by email for a search in the index of proprietors’ names.

Search in the Index of Proprietors’ Names available by email

3.(a) The registrar is satisfied that adequate arrangements have been made for applications for a search in the index of proprietors’ names to be received by email.

(b) A person specified in paragraph 4 may send an application under rule 11(3) for a search in the index of proprietors’ names to HM Land Registry in the manner specified in paragraphs 9 to 14 (inclusive).

Who may deliver applications

4.A person may send an application to HM Land Registry by email pursuant to this Notice only:

• if they are within the description in paragraph 5 and,

• where paragraph 6 or 7 applies, only if they are also within the description in the relevant paragraph.

5.Applications by email pursuant to this Notice may only be sent to HM Land Registry by a person who has entered into an agreement allowing payment of fees by direct debit as authorised under article 13(7) of the Land Registration Fee Order 2021 (or the equivalent provision under any Order which supersedes it).

6.Applications under rule 11(3)(a) (and not also falling within rule 11(3)(b)) made by email pursuant to this Notice may only be sent to HM Land Registry by a conveyancer.

7.Applications under rule 11(3)(c) (and not also falling within rule 11(3)(b)) made by email pursuant to this Notice may only be sent to HM Land Registry by:

(a) a conveyancer,

(b) the Official Receiver,

(c) a trustee in bankruptcy, appointed in England and Wales, of the person in respect of whose name the search is to be made, or

(d) a personal representative of the person in respect of whose name the search is to be made.

8.On an application by email pursuant to this Notice, the registrar will not supply any of the details required by rule 11(4) unless satisfied that the person who sent the application to HM Land Registry is a person entitled to apply as specified in paragraph 4.

Particulars to be provided

9.Applications by email pursuant to this Notice must be sent directly to the email address specified in the Schedule.

10.Applications must be made by attaching to a single email the appropriate application form prescribed in rule 11(3) (completed so as to permit the application fee to be taken by direct debit) and any additional evidence in support of the application as required by paragraphs 11 and 12 (as applicable).

11.Applications within paragraphs 6 or 7(a) must also include a certificate by an individually-regulated conveyancer (a conveyancer within the meaning of rule 217A(2)) in the following form:

“I, [state name of individual conveyancer], am a conveyancer within the meaning of rule 217A(2) of the Land Registration Rules 2003 and I am or, as the case may be, my firm or employer is the person named in panel 3 of the attached form PN1.

My relevant approved regulator or licensing authority is [state details].

In relation to the applicant named in panel 2 of the attached form PN1, I certify that I am satisfied that sufficient steps have been taken to verify:

• the identity of that person; and

• the accuracy of the statement selected in panel 7 of the attached form PN1.

Signature [individual conveyancer must sign in their own name and not that of their firm or employer]

……………………………………………………

Date………………………………………………”

12.Applications within paragraph 7 (except paragraph 7(a)) must also include:

(a) a copy of a current grant of representation showing the appointment of the applicant as personal representative of the person in respect of whose name the search is to be made, or

(b) copies of a current bankruptcy order, and current appointment of the applicant as trustee in bankruptcy in England and Wales, of the person in respect of whose name the search is to be made.

13.The registrar may require the production of original documentary evidence to support the application, or a certified copy of any document, as the registrar shall deem appropriate.

General limitations for applications

14.Where paragraph 10 requires a person to attach an item to an email:

(a) the attachment must be in Tagged Image File/Tagged Image File Format (TIFF), Portable Document Format (PDF) or Graphical Interchange File Format (GIF), or a file complying with Joint Photographic Expert Group standards (JPEG), and

(b) the email and all attachments must together not exceed 55 megabytes in size for each single application.

Issue of results by email

15.The registrar is satisfied that adequate arrangements have been made for the details required by rule 11(4) to be supplied by email, subject to paragraphs 16 to 19 (inclusive).

16.If an email address is provided in an application form sent to HM Land Registry pursuant to rule 11(3), the registrar will supply the details required by rule 11(4) by email to that address, unless paragraph 19 applies.

17.Unless the application is within rule 11(3)(b), any email which the registrar sends pursuant to paragraph 16 will be encrypted so as to require that the recipient authenticate themselves to access the details supplied.

18.Where the registrar supplies the details required by rule 11(4) by email, no paper copy of that certificate or result will be issued.

19.If the registrar considers that the details required by rule 11(4) cannot conveniently be supplied in the manner referred to in paragraph 16, they will be supplied by post or document exchange.

Emily d’Albuquerque

General Counsel

15 December 2022

SCHEDULE

Applications made in accordance with this Notice must be sent to HM Land Registry at the following email address:

[email protected]