Form RQ - Questions and answers
What is a restriction?
To understand what a restriction means please see Public Guide 17 – How to safeguard against property fraud.
What does form RQ do?
An owner who is not living and does not intend to live at their registered property can make a request to the registrar to enter a restriction set out below.
The wording of the restriction is:
"No disposition of [the registered estate or the registered charge dated (date) referred to above] by the proprietor [of the registered estate or of that registered charge] is to be registered without a certificate signed by a conveyancer that the conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor."
The restriction is designed to help prevent forgery. It does this by requiring that a conveyancer certify they are satisfied that the person transferring or mortgaging the property is the same person as the owner. It provides additional safeguard against forgery by operating as a deterrent.
You should note that we will not normally enter a restriction if the contact address supplied is that of the property because this suggests you are living at the property. Form RQ is aimed at those who are not living at the property.
Can anyone request a restriction in form RQ?
No. This service is only open to private individuals who do not live at the property concerned. The initial target group for this initiative is individuals where a property is empty or the owner absent. It is this category that has been identified as being most vulnerable to forgery and fraud. It does not include companies. Generally when the owner is a company there will be a tenant or officer of the company in occupation.
Over 4000 properties are now protected by the Form LL restriction requested via the RQ procedure, which was originally introduced as a pilot measure for six months. We have decided that the service should continue as part of our range of counter-fraud measures and are presently considering whether it can be extended to owners who are not private individuals.
What do I have to do?
Print off form RQ from our website and complete it.
Please note that if you are applying yourself (without the aid of a conveyancer) then you will need to:
- complete section 1, 2, 3 (if you know the title number) and 4
- sign and date the form in section 4
- send the completed form to Land Registry, Birkenhead Office. The address is given on the form. You will have to pay the postage.
If you are asking a conveyancer to complete the form, then your conveyancer will need to:
- complete sections 1, 2, 3 (if the title number is known) and 5
- sign and date section 5
- send as above.
If we have any questions or queries and need to contact you, we will use the contact details you have given.
What does this restriction do?
Once this restriction is registered, we will not register a sale or mortgage of the property concerned unless a conveyancer has certified that they are satisfied that the person who has signed the document is the same person as the registered proprietor. This can help prevent someone from forging a signature on the transfer or mortgage of the property. It means that if you sell or mortgage your property after this restriction has been registered, we will need a certificate from a conveyancer that the person who has signed the document is the same person as the proprietor before we register the sale or mortgage.
Is there a fee?
There is no fee. The restriction is being entered by the registrar of their own volition. Section 42(1)(a) of the Land Registration Act 2002 gives the registrar power to enter a restriction in the register “if it appears to him that it is necessary or desirable to do so for the purpose of.....preventing invalidity or unlawfulness in relation to dispositions of a registered estate or charge...”.
Will you enter the restriction every time?
We will normally only enter a restriction when we are satisfied that you meet the criteria – that you are not living and do not intend to live at the registered property.
What if I fall within the group but did not know about this new initiative and have already applied for a restriction using form RX1? Can I get my fees back?
You can get a refund if both of the following points apply.
- You made the RX1 application on or after the date of introduction of RQ service.
- You or at least one of the other owners do not live at the property.
How do I claim a refund?
In order to claim the refund you will have to contact the office which dealt with your application and make a request. You can make your request by letter or telephone.
Can joint proprietors make a request for a restriction using form RQ?
Yes, as long as at least one of them does not live at the property. The request needs to be made by or on behalf of only one of the joint proprietors.
What are the circumstances when I am not allowed to use this measure?
You cannot use this process if you are living, or intend to live, at the property. In such case you will need to make an application for entry of a restriction. Generally this will have to be done by way of a form RX1 accompanied by a fee of (currently) £40. For further information see Practice Guide 19 – Notices, restrictions and the protection of third party interests in the register.
The wording of the restriction refers to a 'disponor'. What does this mean?
In this context, the disponor is the person who is dealing with the property – in particular selling or mortgaging it.
Can a request be made on behalf of a proprietor?
Yes. A request can be made on behalf of a proprietor by an attorney, a deputy appointed under the Mental Capacity Act 2005 or a personal representative. You will need to lodge the appropriate evidence of appointment such as a copy of the power of attorney, court order, probate or letters of administration with the request.
What do I have to do to remove the restriction?
In order to remove this restriction, you will normally need to make an application in form RX3 to cancel the restriction if it is no longer required. If an application to register a dealing with the title to property is lodged, we will consider whether or not the restriction has been complied with, for example a transfer of the property on a sale. Where there is a change of ownership and the terms of the restriction have been complied with the restriction will be cancelled automatically.
Please see Practice Guide 19 – Notices, restrictions and the protection of third party interests in the register for further information.
What happens after six months?
Over 4000 properties are now protected by the Form LL restriction requested via the RQ procedure. We are presently considering whether it can be extended to owners who are not private individuals.
Land Registry takes the issue of fraud very seriously and we are constantly evaluating our security measures to minimise the risk of fraud.
A restriction registered using form RQ will remain in place unless an application to cancel the restriction using form RX3 is subsequently submitted – see point (13) above.