Practice Guide 44 – Fax facilities

Updated: May 2013

Update

This edition of the guide replaces the April 2013 edition. Section 7 has been amended as a result of a change to Weymouth Office’s fax number.

Scope of this guide

You can lodge some forms of preliminary service application and other communications with Land Registry by fax. This guide contains information regarding precisely what we can accept in this manner and is intended for the use of anyone who has dealings with us. Land Registry staff will also refer to it.

1 Abbreviations and terms used

In this guide:

‘conveyancer’ means an authorised person within the meaning of s.18, Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (r.217A, LRR 2003)

‘LRR 2003’ means the Land Registration Rules 2003.

2 Introduction

Land Registry accepts a variety of types of communication by fax. You should note, however, that this does not apply to all types of application, and you should consider the contents of this guide before sending any form of fax communication to us.

3 What can I lodge by fax?

3.1 Official copy and historical edition applications

You may lodge applications for the following items using the following forms.

• Official copies of the register, title plan or certificate of inspection of the title in form CI using form OC1.

We will only issue a certificate of inspection in form CI where Land Registry has already approved an estate plan for the development. Do not send any plan with such an application.

• Official copies of documents using form OC2.

• Historical editions of the register or title plan using form HC1.

Bear the following points in mind before making your application by fax.

• You must have a credit account to make these applications by fax.

• Your faxed application will attract the same fee as a paper application.

3.2 Official search applications

You may lodge applications for official searches as set out below, using the following forms.

• Official search of whole with priority using form OS1.

• Official search of part with priority against a registered title using form OS2, where you can either:

If you are sending a plan to accompany a search in form OS2 or OS3, please remember that Land Registry has discretion as to whether or not to accept the plan. In particular, the plan must:

• clearly and unambiguously show the extent of the land to be searched (eg by thick black edging, hatching or stippling)

• be drawn to a stated scale of not less than 1/1250

• be sufficiently detailed to allow accurate plotting to be undertaken on the title plan

• include a north point, and

• not be endorsed with a statement of disclaimer intending to comply with the Property Misdescriptions Act 1991 or state ‘For Identification Only’.

• Official search without priority using form OS3.

Bear the following points in mind before making your application by fax.

• You must have a credit account to make these applications by fax.

• Your faxed application will attract the same fee as a paper application.

3.3 Search of the index map

You may lodge applications for a search of the index map using form SIM.

Bear the following points in mind before making your application by fax.

• You must have a credit account to make these applications by fax. For more information regarding fees that may be charged, see Practice Guide 10 – Applications for official searches of the index map.

• Your faxed application will attract the same fee as a paper application.

If the form SIM refers to a plan then:

• the plan must be a copy or an extract from the Ordnance Survey Map at the largest scale published

• the plan must be no greater than A4 paper size (297mm x 210mm), and

• the land searched must be clearly identified on the plan by suitable edging or hatching.

3.4 Search of the index of relating franchises and manors

You may lodge applications for a search of the index of relating franchises and manors using form SIF.

Bear the following points in mind before making your application by fax.

• You must have a credit account to make these applications by fax.

• Your faxed application will attract the same fee as a paper application.

3.5 Correspondence and replies to requisitions

You may submit general correspondence and replies to requisitions as long as no accompanying documentation is required.

3.6 Objections

You may lodge an objection to an application by fax. This must be in writing and signed by the objector or their conveyancer, and must:

• state that the objector objects to the application

• state the grounds for the objection, and

• give the full name of the objector and an address to which communications may be sent. The address must be a postal address, whether or not in the United Kingdom (rr.19 and 198, LRR 2003).

4 When fax submissions are not acceptable

We cannot accept any submissions by fax other than those set out in section 3 What can I lodge by fax? In particular, we do not accept any form of substantive or outline application by fax.

5 Sending items to Land Registry by fax

5.1 Opening hours

You can send any of the items listed in section 3 What can I lodge by fax?, except objections, to Land Registry by fax at any time between 8am Monday and 4pm Friday, except:

• after 4pm on the day before a public holiday

• on public holidays, and

• before 8am on the day after a public holiday.

No service will be available at these times.

Objections may be sent at any time, but if the objection is in response to a notice given by the registrar, it must be received at the appropriate office before the time fixed for objecting has expired.

5.2 Using the correct fax number

You must only use the fax number for the appropriate Land Registry office listed in section 7 List of Land Registry office fax numbers.

5.3 Completing your fax

Please complete your fax submission in black print or black type and black ink. Where available, you must use the ‘fine’ mode for transmission.

5.4 Priority of official search applications

Any applications for an official search with priority submitted by fax will obtain priority from the date and time that we enter its details on our database of pending applications called the day list.

As with paper applications, we cannot guarantee that we will enter your official search application on the day list immediately, or even on the date of its receipt.

To ensure that an official search application is entered on the day list immediately after its delivery, you must make your application via:

• our online services, or

• the customer information centre of any Land Registry office.

6 Issue of fax items by Land Registry

6.1 Results of official search applications (including applications made in form SIM or form SIF)

Customers not using Business e-services or Business Gateway may ask in writing for the result to be despatched by fax. In that case, no postal copy will be sent as well.

6.2 Results of official copy applications (including historical copies)

Customers not using business e-services or Business Gateway may ask in writing for the results to be despatched by fax (if they are not more than six pages long and do not involve large plans).

We will issue official copies longer than six pages by fax if they are required for urgent court proceedings.

6.3 Correspondence

If you request us to do so, we can issue replies to general items of correspondence by fax. If so, we will not issue a further copy of the reply in paper form.

6.4 Notices

We can issue notices by fax as long as the recipient has informed Land Registry in writing:

• that they are willing to accept a particular notice by fax, and

• of the fax number to which it should be sent (r.199(3), LRR 2003).

Notices sent by fax are deemed to be received on the next working day following transmission (r.199(4), LRR 2003).

7 List of Land Registry office fax numbers

8 Enquiries and comments

8.1 General enquiries

If you have a particular concern that is not covered by this guide, please contact Land Registry in advance of the transaction – see Contact details. If the transaction is particularly complex, it may be better if you make your enquiry in writing at the Land Registry office that will process your application.

If you have any comments or suggestions about our guides, please send them to:

Central Operations Group
Land Registry
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ

(DX 8888 Croydon 3)

You can obtain further copies of this and of all our guides free of charge from Customer Support (see Contact details) or you can download them from our website.

8.2 Credit account enquiries and applications

To obtain an application form for a credit account please contact:

The Account Section
Land Registry, Plymouth Office
Seaton Court
2 William Prance Road
Plymouth
PL6 6WS

(DX 8249 Plymouth 3)

Telephone 0300 006 6690
Fax 0300 006 6699

Please note that we will not accept a completed application form for a credit account by fax.

Remember

• Is the application you are making acceptable by fax?

• Have you completed your fax as set out in section 5.3 Completing your fax?

• Have you included an acceptable plan where required?

• Are you sending your fax to the correct Land Registry office?

• Are you using the correct fax number?

Remember

• Is the application you are making acceptable by fax?

• Have you completed your fax as set out in section 5.3 Completing your fax?

• Have you included an acceptable plan where required?

• Are you sending your fax to the correct Land Registry office?

• Are you using the correct fax number?