The Fees in the Registers of Scotland Amendment Order 2010

Article 2

SCHEDULE REPLACEMENT SCHEDULE TO THE FEES IN THE REGISTERS OF SCOTLAND ORDER 1995

Article 3

“SCHEDULE TABLE OF FEES IN THE REGISTERS OF SCOTLAND

PART I LAND REGISTER OF SCOTLAND

1.  REGISTRATION FEES

A.  Interests in land other than heritable securities

(1) Where an application is made to which paragraph (3) applies the fee will, subject to paragraphs (4) to (7), be calculated on the amount of the consideration or the value, whichever is the greater, of the interest in land created, granted or transferred to which the application relates.

(2) Subject to paragraphs (8) to (10) and Part III of this Schedule, the fee for an application to which paragraph (3) applies will be at the rates shown in Table A or, where the application is made using the ARTL System, Table B in Part IV of this Schedule.

(3) This paragraph applies to an application for registration of—

(a) an unregistered interest in land in pursuance of section 2(1) of the Act(1);

(b) the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or

(c) any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act.

(4) Where the application is to register an interest or interests in land excambed the fee will be calculated on the value of the interest in land created, granted or transferred to which the application relates.

(5) Where the consideration consists of a yearly or periodical payment, the consideration will be calculated at 10 years’ purchase.

(6) Where the application is to register the grant of an interest in land in long lease, the fee will be calculated on the consideration (if any) provided for that grant plus ten times the relevant rent.

(7) Where the application is made to register the assignation of an interest in long lease, the fee will be calculated on the consideration (if any) provided for the assignation plus ten times the annual rent payable at the date the application is made.

(8) Where a single application affects a number of title sheets (for the avoidance of doubt, in the case of an application to register a transfer of part of a registered interest in land, this does not include any title sheet created as a result of the application or amended to include the part transferred), the fee will be at the rates shown in Table A in Part IV of this Schedule plus an additional fee of £60 for every title sheet affected other than the first.

(9) Where the application is made to give effect to a survivorship destination only, £60.

(10) Where an application is made by a fire and rescue authority, joint fire and rescue board, local authority, police authority, valuation authority, Health Board, Special Health Board or the Scottish Children’s Reporter Administration as unregistered holder of a registered interest in land to complete its title to that interest in land in terms of section 3(6) of the Act(2), £60 for each title sheet affected.

B.  Heritable securities

Where an application is made for—

(a) registration of the creation over a registered interest in land of a heritable security in pursuance of section 2(3) of the Act; or

(b) registration of any other dealing with a heritable security in pursuance of section 2(4) of the Act,

£60 or, where an application is made using the ARTL System, £50 for each title sheet affected.

2.  REPORTS

When an application is made—

(a)	on Form 10 for a report prior to first registration	£32.00
(b)	on Form 11 for continuation of a report prior to first registration	£19.00
(c)	on Form 12 for a report over registered subjects	£32.00
(d)	on Form 13 for continuation of a report over registered subjects	£19.00
(e)	on Form 14 for a report to ascertain whether or not subjects have been registered	£32.00
(f)	on Form P16 for comparison of a bounding description with the Ordnance Map separately from item (a) above	£29.50
(g)	on Form P17 for comparison of the boundaries of the title plan with the Ordnance Map separately from item (c) above	£32.00
(h)	on Form P16 for comparison of a bounding description with the Ordnance Map in conjunction with item (a) above, a combined fee of	£45.00
(i)	on Form P17 for comparison of the boundaries on the title plan with the Ordnance Map in conjunction with item (c) above, a combined fee of	£45.00

3.  MISCELLANEOUS SERVICES

A.  Applications made

Where an application is made—

(a)	on Form 5 for noting of an overriding interest etc.	£60.00 for each title sheet affected
(b)	on Form 9 for rectification of the register	£60.00
(c)	for checking the boundaries of adjoining properties	£60.00
(d)	and subsequently withdrawn under rule 11 of the Land Registration (Scotland) Rules 2006(3)	Equivalent to applicable registration fee, up to a maximum of £400.00
(e)	for the provision of information from a deed or document in the Land Register of Scotland archive, for each such deed or document	£16.00
(f)	to register a tree preservation order	£60.00 for each title sheet affected
(g)	to register a compulsory purchase order	£60.00 for each title sheet affected

Note: The applicable registration fee referred to in item (d) above is calculated in accordance with section 1 of Part I of this Schedule.

B.  Applications rejected

Where an application is rejected—

(a)	under rule 13 of the Land Registration (Scotland) Rules 2006	Equivalent to applicable registration fee, up to a maximum of £400.00
(b)	prior to being accepted for the Land Register of Scotland in terms of section 4 of the Act	£30.00

Note: The applicable registration fee referred to in item (a) above is calculated in accordance with section 1 of Part I of this Schedule.

PART II REGISTER OF SASINES RECORDING FEES

A.  Conveyances

(1) Where the recording of a deed or document to which paragraph (3) applies is made, the fee will, subject to paragraphs (4) to (6), be calculated on the amount of the consideration or value, whichever is the greater, of the heritable subjects transferred, passing or to which the recording relates.

(2) Subject to paragraph (7) and Part III of this Schedule, the fee will be at the rates shown in Table A in Part IV of this Schedule.

(3) This paragraph applies to the recording of—

(a) a conveyance, including absolute conveyance, voluntary or judicial, either for a consideration or as a gift or in implement of trust or other purpose;

(b) a long lease;

(c) completion of title by decree or by notice of title; and

(d) all other deeds transferring an absolute right to heritable subjects.

(4) Where the consideration consists of a yearly or periodical payment, the consideration will be calculated at 10 years’ purchase.

(5) Where the application is to record the grant of a long lease, the fee will be calculated on the consideration (if any) provided for the grant plus ten times the relevant rent.

(6) Where an assignation of a long lease is recorded, the fee will be calculated on the consideration (if any) provided for the assignation plus ten times the annual rent payable at the date an application for recording is made.

(7) Where application is made to record a notice of title—

(a) along with another deed granting a long lease or a servitude over the whole or any part of the same subjects,

(b) on behalf of a fire and rescue authority, joint fire and rescue board, local authority, police authority, valuation authority or the Scottish Children’s Reporter Administration, completing title as statutory successor of a previous authority,

(c) on behalf of a Health Board or Special Health Board, completing title as transferee in terms of an order made under section 2 of the National Health Service (Scotland) Act 1978(4),

£60.

B.  Heritable securities

In respect of the recording of a heritable security, including the constitution, transfer, postponement, corroboration or extinction of a security, £60.

C.  Recording by memorandum

Where any writ is presented in the Register of Sasines for recording by memorandum, £60 for each memorandum.

PART III FEES FOR REGISTRATIONS AND RECORDINGS IN THE LAND REGISTER OF SCOTLAND AND THE REGISTER OF SASINES

A.  Industrial and Provident Society receipts

Where an application is made for registration or recording of receipts under the Industrial and Provident Societies Act 1965(5), 25 pence.

B.  Other deeds and events

Where an application is made for registration or recording of other deeds and events not referred to elsewhere in Parts I to III of this Schedule, £60 for each title sheet affected or each deed recorded in the Register of Sasines, or £50 if the application is made using the ARTL System.

C.  Dual registration

Where an application for registration in the Land Register of Scotland or for recording a deed, notice or order in the Register of Sasines comprises an application for dual registration or an application for variation of a title condition and no fee is provided in respect of such application elsewhere in Parts I to III of this Schedule, £60 in respect of that application plus £60 for each other title sheet affected by that application and for each deed recorded.

D.  Personal presentments

For applications personally presented at a Registers of Scotland Customer Service Centre, £15 per title affected in addition to the recording or registration fee.

PART IV TABLES OF FEES

TABLE A

Consideration or value		Fee £
	£
Not exceeding	50,000	60
	100,000	120
	150,000	240
	200,000	360
	300,000	480
	500,000	600
	700,000	720
	1,000,000	840
	2,000,000	1,000
	3,000,000	3,000
	5,000,000	5,000
Exceeding	5,000,000	7,500

TABLE B (ARTL System applications)

Consideration or value			Fee £
		£
Not exceeding	50,000		50
	100,000		90
	150,000		180
	200,000		270
	300,000		360
	500,000		450
	700,000		540
	1,000,000		660
	2,000,000		800
	3,000,000		2,500
	5,000,000		4,500
Exceeding	5,000,000		7,000

PART V REGISTER OF INHIBITIONS AND ADJUDICATIONS

REGISTRATION FEES

For each document

£15.00

PART VI REGISTER OF DEEDS ETC., REGISTER OF PROTESTS AND REGISTER OF JUDGMENTS

REGISTRATION FEES

For each document

£10.00

Note: The extracting and authentication of the first or only extract is included in the fee.

PART VII REGISTER OF THE GREAT SEAL

REGISTRATION FEES

1.  For a charter of incorporation		£250.00
2.  For a Crown grant of land—
	(a)  unsealed deed	£60.00
	(b)  sealed deed	£250.00
3.  For a Commission		£630.00

PART VIII REGISTER OF THE CACHET SEAL

For each impression

£30.00

PART IX REGISTER OF THE QUARTER SEAL

REGISTRATION FEES

For each gift of ultimus haeres

£130.00

PART X OTHER FEES

1.  For each certificate issued under the Civil Jurisdiction and Judgments Act 1982(6)	£30.00
2.  For each certificate of custody when a deed is retained for permanent preservation	£20.00

PART XI FEES APPLICABLE TO ALL REGISTERS

1.  FEES FOR THE PROVISION OF INFORMATION

A.  Register of Sasines

1.   Presentment Book

(a)	Per search against a name	£3.00
(b)	Per search against an address	£3.00
(c)	Per search against a minute number	£3.00

2.   Minute Book

(a)	Per search against a name	£3.00
(b)	Per search against an address	£3.00
(c)	Per search against a minute number	£3.00

3.   Search Sheet

(a)	Per search against a name	Nil
(b)	Per search against an address	Nil
(c)	Per search against a search sheet number	£3.00
(d)	Per view of any individual search sheet	£3.00
(e)	The provision of information from any other index, volume, document or process	£3.00

Note: No fee will be charged for a search under number 1, 2 or 3 above which produces a nil return.

B.  Land Register of Scotland

1.   Application Record

(a)	Per search against a name	£3.00
(b)	Per search against an address	£3.00
(c)	Per search against an application number	£3.00
(d)	Per search against a title number	£3.00

2.   Title Sheet

(a)	Per search against a name	£3.00
(b)	Per search against an address	£3.00
(c)	Per search against a title number	£3.00
(d)	Per view of the title sheet affecting one interest in land	£3.00

Note: Where on the same occasion a view of the title sheet is made against an entry identified in the course of an initial search as per number 2(a) and (b) above, no fee is payable in respect of the initial search.

3.   Index Map

(a)	Per search by navigation	Nil
(b)	Per search by address	Nil
(c)	Per search by title number	Nil
(d)	Per search by grid reference	Nil
(e)	Per seed rectangle search	£3.00
(f)	Per seed point search	£3.00

Note: Where on the same occasion a view of the title sheet is made against an entry identified in the course of an initial search as per number 3(e) and (f) above, no fee is payable in respect of the initial search.

4.  The provision of information from any other index, volume, document or process	£3.00
5.  Per property price search	Nil

Note: No fee will be charged for a search under number 1, 2, 3 or 4 above which produces a nil return.

C.  Books of Council and Session

For each search in the Register of Deeds or Register of Judgments Index against:

1.  a name	£3.00
2.  a pursuer/petitioner	£3.00
3.  a defender/respondent	£3.00
4.  a judgment number	£3.00

D.  Register of Inhibitions and Adjudications

1.  For each group of 6 names or fewer searched against	£3.00
2.  For provision of a copy of the daily minutes (per day)	£21.00
3.  Per search of a specified minute number	£3.00

Note: A search includes a print disclosing relevant entries if requested within 7 working days of the date of the original search.

E.  Searches of Registers Direct service conducted by Registers of Scotland

1.  Search request submitted by electronic mail, letter or facsimile	£8.00 plus £3.00 Registers Direct service search fee per search
2.  Search request made in person at a Registers of Scotland Customer Service Centre	£12.00 plus £3.00 Registers Direct service search fee per search

Note: No Registers Direct service search fee of £3 will be charged under number 1 or 2 above for a search of the Register of Sasines or the Land Register of Scotland which produces a nil return.

F. Miscellaneous

1.  For a copy deed recorded in the Register of Sasines obtained via the Registers Direct service	£3.00
2.  Pre-registration enquiries service	£50 per enquiry

2.  EXTRACTING AND COPYING FEES

1.  For a plain copy or duplicate	£16.00
2.  For an official extract or certified copy	£30.00
3.  For an office copy	£30.00
4.  For each additional extract of any deed or document requested at the same time as recording in the Register of Sasines or registration in the Books of Council and Session of that deed or document	£10.00

3.  DATA EXTRACTIONS

1.  For information on sales for consideration comprising reports in a spreadsheet format containing a data extraction of residential sales	A fee of £675 per month for the whole of Scotland*
2.  For information on land values comprising reports in a spreadsheet of sales from the Land Register of Scotland, per land values script	A fee of £933 per month for the whole of Scotland*
3.  For information on a particular creditor or legal agent comprising a spreadsheet list of deeds submitted to the Land Register of Scotland by creditor or legal agent	A fee of £150 per month or £150 per quarter
4.  For a data set of registration county boundaries	A fee of £150
5.  For information on Register of Sasines minutes.	A fee of £378 per month for the whole of Scotland

* Data extraction fee per county is based on the table below

Breakdown of data extraction costs by registration county(7)

County	Land Values	Sales for Consideration
Aberdeen	£63.00	£43.50
Angus	£34.50	£25.50
Argyll	£13.50	£10.50
Ayr	£57.00	£40.50
Banff	£15.00	£10.50
Berwick	£7.50	£6.00
Bute	£7.50	£6.00
Caithness	£12.00	£9.00
Clackmannan	£7.50	£6.00
Dumbarton	£34.50	£25.50
Dumfries	£15.00	£10.50
East Lothian	£13.50	£10.50
Fife	£58.50	£40.50
Glasgow	£102.00	£72.00
Inverness	£21.00	£15.00
Kincardine	£12.00	£9.00
Kinross	£7.50	£6.00
Kirkcudbright	£7.50	£6.00
Lanark	£84.00	£60.00
Midlothian	£120.00	£85.50
Moray	£24.00	£18.00
Nairn	£7.50	£6.00
Orkney and Zetland	£12.00	£9.00
Peebles	£7.50	£6.00
Perth	£22.50	£16.50
Renfrew	£52.50	£36.00
Ross and Cromarty	£27.00	£19.50
Roxburgh	£7.50	£6.00
Selkirk	£7.50	£6.00
Stirling	£34.50	£25.50
Sutherland	£7.50	£6.00
West Lothian	£22.50	£16.50
Wigtown	£7.50	£6.00
Scotland	£933.00	£675.00

REPORTS

For a report on post code sectors or district comprising the average price and volume of sales

A fee of £150 per month or £150 per quarter

Note:

The information for each stated time period aims to cover all sales of properties, where applications are received for registration with Registers of Scotland in that period.

The reports include both cash sales and properties bought with a mortgage, and right to buy sales of council houses to sitting tenants. The analysis aims to exclude single sales of blocks of properties.

Calculations in standard reports are based on transactions between £20,000 and £1,000,000. Bespoke reports can be prepared for sales from £5,000 upwards.

4.  OTHER SERVICES

For any service not listed above

A fee being the full value of the work and materials involved.”

(1)

“The Act” is defined in article 2(a) of the Fees in the Registers of Scotland Order 1995 as the Land Registration (Scotland) Act 1979 (c.33). Section 2(1) was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), schedule 12, paragraph 39.

(2)

Section 3(6) was amended by the Title Conditions (Scotland) Act 2003 (asp 9), schedule 14, paragraph 7(3).

(3)

S.S.I. 2006/485.

(4)

1978 c.29; section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1; the National Health Service and Community Care Act 1990 (c.19), section 28, paragraph 19(1) of Schedule 9 and paragraph 1 of Schedule 10; the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2); the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2); and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1).

(5)

1965 c.12.

(6)

1982 c.27.

(7)

A leaflet entitled “Land Register Counties” is available through Registers of Scotland Customer Service Centres or online at www.ros.gov.uk.