Guidance

Local Land Charges: preparing data for the new digital register

Updated 31 August 2023

Applies to England and Wales

This guide helps local authorities prepare their data for the new single digital Local Land Charges Register.

1. Overview

Local authorities may need to complete a number of tasks to ensure the data in their local land charges (LLC) register is ready for migration and an efficient transfer with referrals and queries that need to be made to the local authority kept to a minimum. This document describes the tasks and the ideal position of a local authority’s data before the transfer starts.

HM Land Registry has developed a number of free tools to help local authorities with these tasks and to prepare their local land charges data for migration;

Data analysis dashboard

The data analysis dashboard is available to local authorities who are not currently in the migration process but want to start preparing their data for migration. It can analyse as much or as little digital data as local authorities want to provide and allows an estimation of the number and type of amendments needed.

HM Land Registry will discuss the findings with the local authority and identify which charges can be fixed automatically and which charges require manual fixing. These findings will be documented and prioritised so the local authority knows which amendments to concentrate on.

Migration helper

The migration helper is a web-based set of tools which have been developed to help local authorities migrate their local land charges data more quickly and efficiently. The tools are aimed at local authorities who have already begun the migration process and can be used to fix charges which do not have a spatial extent. The helper can suggest several ‘candidate’ polygons for charges without spatial extents and speed up the process by allowing local authorities to choose from a selection rather than having to create a polygon from scratch.

HM Land Registry will work with local authorities to define business rules and so increase automatically assigning spatial extents wherever possible. This further eases the polygon selection process.

2. Purpose

HM Land Registry recognises that for some authorities transferring the existing local land charges registers, held in a range of formats, into a digital register is a complex task. We will work with the local authority to define the processes. This may be a combination of automatic methods and manual processing.

Any processes or changes agreed between HM Land Registry and the local authority will be documented within the local business rules, a document created for each local authority by HM Land Registry after analysis of the Local Land Charges data.

3. Contact

For queries about this guide, please contact [email protected].

4. Requirements for migration

This section details the requirements to be met to enable migration of an authority’s LLC register to HM Land Registry’s LLC register and are divided into those that:

• apply irrespective of how the LLC records are held (common requirements)
• are specific to how the LLC records or components are held (paper, electronic, digital)
• are specific to certain charge types

4.1 Common requirements

4.1.1 Register sources

The local authority must assist HM Land Registry to prepare an inventory which identifies all the components of the register.

Where the register is not a single entity then all sources that comprise the register or are used to produce a search result must be identified.

4.1.2 Spatial extent

Each charge should be accompanied by sufficient information to enable the digitisation and transformation incumbent supplier to create an accurate spatial extent for the charge. Where spatial extents currently exist, either within a Geographic Information System (GIS) or from some other reliable source within your authority, then those extents may fulfil this requirement.

Where no spatial extents exist, HM Land Registry’s Migration Helper tool may be used to suggest ‘candidate’ extents from other sources which allows you to amend or accept the extent more easily.

The methods for providing spatial information include the following.

Addressable property

Provided the charge affects the whole of an addressable property fully defined on the Ordnance Survey map as described in Data Entry Conventions and also in Best Practice for Basic Land and Property Unit (BLPU) Polygons then no further action is required. However, if the digitisation and transformation incumbent supplier is unable to reconcile the description with the current Ordnance Survey map these will be referred to the local authority for the extent to be defined.

If the charge is currently described in relation to a property that no longer exists or affects only part of an addressable property then a plan must be provided that identifies the land affected by the charge.

Land

Where the charge affects land and/or property that is not addressable, the local authority must provide a plan (geographical representation) that identifies either:

• the extent of the land affected where the charge affects an area
• the position of the land affected where no area exists (for example, a Tree Preservation Order affecting a single tree) – the plan must be reconcilable with the current large scale Ordnance Survey map (produced at 1/1250 or 1/2500 scale)

Any plan provided must:

• show its orientation (for example, a north point)
• show sufficient detail to be identified on the Ordnance Survey map
• clarify its general location by showing roads, road junctions or other landmarks

If the source documentation contains a suitable plan then it is acceptable to provide a copy of this plan.

Appendix 2 provides some examples of how to apply the above rules.

To provide a plan, the local authority can do 1 of the following. They can:

• digitise the extent of the land affected by the charge into their existing system, providing the extent is linked to the appropriate charge (this assumes a digital system is already in place) – this is HM Land Registry’s recommended solution
• use HM Land Registry’s migration helper to create the extent
• clearly show the extent of the charge on a paper plan
• provide the plan (or copy) from the source documentation that clearly shows the extent of land affected by the charge

In addition, a description of the land and/or property affected must be provided that meets one of the following rules (in order of preference).

(a) Postal description

For example:

• 3 Smith Street, Mansfield, NG1 1XN
• First floor flat 3a, St Mary’s Flats, High Street, Peterborough, PE1 1XN
• Unit 15b Queensgate Centre, Peterborough, PE1 1XN

Note: While the examples above contain postcodes, if the local authority’s current register does not contain any there is no expectation on the local authority to provide them.

(b) By reference to an established geographic feature, including a description of the affected property/land.

For example:

Land on the north side of Smith Street, Mansfield or Pumping Station on the north side of Smith Street, Mansfield

(c) By reference to an area, including a description of the charge

For example:

Smoke Control Zone 4, Mansfield or Conservation Area No 1, Mansfield. It is expected that this type of geographic description will be used where a charge affects a large area within the local authority.

4.1.3 Missing data items

The LLC register must be complete and each LLC record must include the data items for each charge as described in Appendix 1: minimum data items.

This also includes adding those mandatory data items that are currently missing. For the data items that are not currently recorded, HM Land Registry will work with the local authority to identify and agree on a value for the missing items or means to populate them.

Appendix 1 lists the most common charge types.

Where a charge type does not appear in Appendix 1, the records must include those data items marked in ‘Other charge type’.

The incumbent supplier will need to know the location of the data items to be captured. Therefore, HM Land Registry will work with the local authority to identify the location of the data items within the existing LLC register and provide this to the incumbent supplier.

4.1.4 Expired charges

The local authority needs to make sure the following charges are removed from the records supplied to HM Land Registry.

HM Land Registry may be able to apply business rules to automatically remove these charges in some instances, with a local authority’s agreement.

Obsolete charges

The following charges are considered obsolete, they must be removed from the records:

• Fenland Way charges
• Part 3a planning charges
• Conditional planning charges prior to 01/08/1977

General financial charges

Where a general financial charge and a specific financial charge currently exists for the same interest, the General Financial charge must be removed from the records.

Time-expired charges

Where existing charges have a recorded expiry date, those where the expiry date has already passed will be identified during a data analysis phase and will be referred to the local authority for action.

4.1.5 Planning

Where LLC arising from planning are intermixed with other planning records, HM Land Registry will assist in identifying methods and processes to make sure only those that create an LLC are provided to the incumbent supplier. For example, it’s usual that only planning applications approved with conditions would normally be part of the local land charges register and any other unapproved planning applications or those approved without conditions should be removed from the records supplied to HM Land Registry.

4.1.6 Duplicate charges

Duplicate charges will be identified during a data analysis phase and will be referred to the local authority for action.

Where a charge has been registered as a single charge against a street and also separately as a charge against each property within the street, then it must be treated as a multi-polygon charge. For example, an Article 4 notice where a registration has been created for Smith Street and also as separate registrations for every property in that street.

4.1.7 Errors

Where errors in the LLC records are known to exist, which result in search results being amended before issue or come to light during normal operational processes, these should be corrected prior to the handover of records to the incumbent supplier.

Where the error is known to affect many records and the affected records can be identified, the local authority may arrange for a bulk update to be applied at the time of transfer by supplying the correct data to the digitisation and transformation incumbent supplier through the local business rules.

For the avoidance of doubt, the local authority does not need to update charges where they still refer to an originating authority that has either been superseded or changed its name. These are not considered to be errors and will not be amended to refer to the new name.

4.1.8 Place of inspection

The local authority will be asked to confirm or provide the appropriate place where further information can be found in respect of a charge. This can be either a physical or a virtual address; for example, an internet presence or email address or a combination of these.

Where changes to the place of inspection currently recorded is required then these changes must be agreed using the local business rules.

4.1.9 Authority file reference

The authority file reference must be a reference within the local authority, that allows the local authority, or someone seeking further information on a charge revealed on a search, to locate the source documentation (or a copy). A good example of this is a planning reference. Multiple references will be allowed but it must be clear to which place of inspection they relate if appropriate.

4.1.10 Dates

HM Land Registry can usually apply business rules to address most of the problems associated with dates, with a local authority’s agreement.

The local authority must confirm in the local business rules the format in which the date is held.

Where this differs between different register sources the format applying to each source must be clearly identified to the digitisation and transformation incumbent supplier.

Note: for digital systems it is the way the date is held in the database that is required not the way it is displayed.

Format means the structure in which the date is held or written. Examples include:

• dd/mm/ccyy
• mm/dd/ccyy

4.1.11 Personal data

Instances of Personal data identified during the data analysis phase will be referred to the local authority for further consideration to ensure that any unnecessary personal data is removed prior to migration of the LLC register.

4.2 Physical records

4.2.1 Legibility

Physical records will need to be legible. Where the incumbent supplier is unable to determine the text, the record will be referred to the local authority for advice.

4.2.2 Physical quality

Make sure the records are robust enough to enable scanning to happen.

4.2.3 Retention of physical records

There should be no need to retain any paper records after digitisation unless they contain additional information not held in the LLC register.

4.3 Electronic records

4.3.1 Legibility

Electronic records that consist of scanned images will need to be legible. Where the incumbent supplier is unable to determine the text, the record will be referred to the local authority for advice.

4.3.2 Extract

The local authority must provide copies of the electronic charges to HM Land Registry. The copy must be in an open and non-supplier specific format. The copy must include both the textual information and (where available) spatial information.

4.4 Digital records

4.4.1 Structure

HM Land Registry is working with LLC software incumbent suppliers to understand how their systems hold data. We will work with the local authority to understand how their systems are used within the local authority to register charges or vary and cancel registrations alongside providing search results. We will also work with the local authority to identify any changes to existing practice post migration of the local authority register.

4.4.2 Extract

HM Land Registry will use (with local authority and incumbent supplier agreements) LLC software incumbent suppliers’ resource to extract the LLC data and separate requirements will be provided to the software incumbent suppliers to undertake this.

Where the local authority extracts the data, this must be in an open and non-supplier proprietary format. The copy must include both the textual information and (where available) spatial information.

4.4.3 Expiry dates

There are examples where systems automatically enter an expiry date (for example 31/12/2099) that is not relevant for the charge in question. This seems to be a feature of the system.

Where a local authority uses a system with such a feature then this must be identified in the local business rules as one not to be transferred by the incumbent supplier(s).

4.4.4 Unique property reference numbers

Where the charge is linked to a GeoPlace allocated/managed unique property reference number (UPRN), the current UPRN must be provided.

Linking a UPRN to a spatial extent

Every local land charge in HM Land Registry’s register must have a spatial extent.

• Where a local authority has linked a UPRN to a spatial extent, that spatial extent must be provided.

• Where a local authority has not linked a UPRN to a spatial extent, the local authority must provide either a spatial extent or a business rule whether the property can be mapped either to Ordnance Survey MasterMap details or INSPIRE Index polygon(s).

4.4.5 Multi polygon charges

Where a single charge affecting multiple properties has had separate spatial extents created for each property affected then the authority will be asked to decide among 3 options on the action to be taken. They are to provide one of the following:

• the spatial extents from the existing system and ask the incumbent supplier to take no further action
• the spatial extents from the existing system and ask the incumbent supplier to merge adjoining extents into 1
• the source documentation and ask the incumbent supplier to ignore the existing spatial extents and digitise from the source documentation

The decision taken must be recorded in the local business rules.

An example of this is where a smoke control zone has a polygon created for each affected property, resulting in many thousands of polygons rather than a single polygon for the whole extent affected by the smoke control zone.

4.5 Specific charge types

4.5.1 Listed building charge

The reference number for listed building charges should refer to the list entry number on the National Heritage List for England (known as ‘the List’) provided by Historic England.

Where possible the current List Entry Number provided by Historic England should be used as the reference number in the charge entry. If this is not available, then the existing recorded list number is acceptable.

For listed buildings in Wales, the reference number from Cadw should be used.

Each listed building entry requires a spatial representation of the real-world object as listed (including any object or structure fixed to the building and any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before 1st July 1948 (section 1(5) Planning (Listed Buildings and Conservation Areas) Act 1990).

Examples include:

1. Where the listing is of an actual building or buildings, then a polygon showing the extent of the land or property affected by the charge must be provided, including any object or structure fixed to the building that is included in the listing.
2. Where the listing is of an object such as a milestone, boundary marker or gravestone, then point data is expected.
3. Where the listing is of a linear feature such as a harbour wall then a line is expected
4. Where the listing includes any curtilage structure (that is not included within the extent provided for the principal listed building), that structure should be shown using the most appropriate of the three means set out.
5. Since 2011 Historic England listings include in most instances the spatial representation according to the above specification. (However, before 2011, Historic England often provided the listing only as point data).

To meet the requirements of HM Land Registry, the local authority must provide a spatial extent where available, or a plan showing the listing, as described above. The spatial extent or plan must include not only the extent of the principal listed building, but also any object or structure fixed to the building, or any curtilage object or structure included in the listing.

Where it cannot be clearly identified whether objects or structures within the curtilage of the principal listed building are included within the listing, the authority should provide a spatial extent that includes each curtilage object or structure as it is reasonably considered may be included in the listing, or:

1. Is sufficiently large to minimise the risk of not identifying land that may be affected by the charge, which could lead to liability issues.
2. Is not so large as to include land that is clearly not subject to the charge, which may lead to additional and unnecessary enquiries to the local authority.

In these cases, there is no need to add a note (as referenced below).

In exceptional circumstances where it is not possible to identify the curtilage structures or objects that may be included in the listing, the local authority should provide an extent to include what is reasonably considered to be the maximum possible curtilage of the principal listed building and add the following note to the register entry:

“Refer to [name of relevant local authority] for details of the particular buildings, objects or structures constituting the listed building for the purposes of this charge.”

Where this note is added because an exact spatial extent cannot be provided, additional enquiries are very likely to be made to the local authority.

The use of this note will strictly be in exceptional circumstances and if absolutely necessary.

4.5.2 Tree Preservation Orders (TPO)

Point data or polygons are acceptable for TPO charges depending on the area affected and the current processes at the local authority.

4.5.3 Light obstruction notice

The instrument for a light obstruction notice will be either:

• a temporary land tribunal certificate
• a definitive land tribunal certificate

Where a definitive land tribunal certificate has been issued for the light obstruction notice, then the dates of the temporary certificate are not required.

The extent required is that of the dominant building. See section about spatial extent for details on providing extents.

The date charge created is not required for light obstruction notices because for this type of charge, the charge is not created until it is registered.

4.5.4 General financial charges

While the Local Land Charges Rules 1977 do not require a ‘place of inspection’ for general financial charges the Local Land Charges Rules 2018 do require a “Where further information about charge can be obtained” location for all charges. As such this must be provided. See section on place of inspection for details of the type of location that can be accepted.

5. Appendix 1: minimum data items

The table in appendix 1 shows a list of data items by charge type. The ‘most common charge types’ are listed across the top of the table. The data items required for each charge are listed down the left column headed ‘existing particulars’. This column lists the data items that should be available and clearly identified for each charge type as shown.

The mandatory items are pieces of information that must be supplied for the charge type where indicated. The conditional items will be entered on each charge if the information is available. The boxes marked C1 are supported by text in the guide.

Where the charge type does not appear in the appendix then those data items marked in the column ‘other charge type’ are required.

Appendix 1: minimum data items (Word, 37KB)

6. Appendix 2: property descriptions and plans

Appendix 2 provides examples of where a plan would be required and where the property description would be sufficient to determine an extent.

For charges affecting properties within the areas edged in orange there is sufficient detail to confidently define an extent by (if necessary) projecting the side boundaries to meet the road.

For charges affecting properties within the areas edged in blue, there is insufficient detail to confidently define an extent either because of:

• a lack of detail defining any part of the property (marked A on the plan in Appendix 2)
• a difficulty in determining the frontage of property (marked B on the plan in Appendix 2)
• a lack of clarity about how the properties adjoin (marked C on the plan in Appendix 2)
• where the front of the property ends (marked D on the plan in Appendix 2)

Appendix 2: property descriptions and plans (image) (PNG, 1.71MB)

7. Glossary

Authority file reference

This is the reference within the authority that can be used to identify the supporting documentation for the charge (such as the planning reference or file reference).

Digital

Consists of structured data items that reside in fixed fields within a record. These items can be extracted by machine without human intervention or the need for software to recognise the items as they are always held in a pre-defined place.

Electronic

This category includes LLC data that is held in Word documents, scanned paper records, Excel spreadsheets and microfilm images (microfiche). Although held electronically, data items cannot be reliably extracted automatically by machine without either human intervention or the need for additional software to validate the nature of the item (optical character recognition for example).

Hybrid

Consists of a combination of both digital LLC data (see definition for Digital) and non-digital data which is either in electronic or paper format (and may include microfiche).

Instrument

The document such as order, notice, transfer that comprises the actual charge or in connection with which the charge came into existence.

Paper

The LLC data is held in a paper format, no electronic or digital means is used in the process. This category includes paper documents, index cards and any record that must be physically inspected.

Personal data

Personal data means any information relating to natural persons who either:

• can be identified or who are identifiable, directly from the information in question
• who can be indirectly identified from that information in combination with other information

Statutory provision

The act (local or national) or the secondary legislation under which the charge is created, including the appropriate section; for example: section 106 Town & Country Planning Act 1990.

Incumbent Supplier

HM Land Registry will engage with incumbent suppliers to provide Application Programme Interface integration solutions when the supplier currently provides its proprietary IT system (for the avoidance of doubt, this excludes, but is not limited to, software intermediaries or resellers) to a local authority that is to be migrated to HM Land Registry’s local land charges register and that IT system:

• is used by the local authority to maintain its local land charges register (by registering new charges and varying/cancelling existing charges)
• holds and stores local authority local land charges data (whether on-premise or hosted)
• will be the single source from which local authority local land charges data updates, maintained in that IT system, are automatically sent to the HM Land Registry local land charges register once the local authority has been migrated
• enables integration with HM Land Registry’s Application Programme Interface as defined in the Application Programme Interface Statement of Requirements

HM Land Registry will engage with incumbent suppliers to provide data extraction solutions when the supplier currently provides its proprietary IT system (for the avoidance of doubt, this excludes, but is not limited to, software intermediaries or resellers) to a local authority that is to be migrated to HM Land Registry’s local land charges register and that IT system:

• holds and stores local authority data (whether on-premise or hosted) that is required to compile a digital dataset in line with the HM Land Registry Local Land Charges Register data schema
• enables extraction in line with HM Land Registry’s data format as defined in the Data Extraction Statement of Requirements