The Land Registration Fees Order 1991

Scale fees

2.—(1) Subject to article 6, the fee for an application for first registration (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land comprised in the application determined in accordance with article 3.

(2) Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:

• Provided that—

  (a)

  where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £35 in accordance with Scale B in Schedule 2;

  (b)

  where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £35 shall be payable.

(3) Subject to paragraph (5)(i) and to article 6, the fee for an application for the registration of:

(a) a transfer of registered land or of a registered charge for monetary consideration;

(b) a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land or in a registered charge;

(c) a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;

shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:

• Provided that—

  (a)

  where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable under this paragraph in respect of each transfer;

  (b)

  where a sale and sub-sale are effected by one instrument of transfer, the fee shall be assessed upon the monetary consideration given by the sub-purchaser in respect of that land.

(4) The fee for an application in relation to registered land for the registration of:

(a) an exchange (whether or not money is paid for equality);

(b) a vesting order or declaration made under section 47 of the Act;

shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.

(5) Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:

(a) a transfer of registered land otherwise than for monetary consideration;

(b) a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land;

(c) a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;

(d) a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);

(e) a transmission of registered land on death or bankruptcy;

(f) an assent of registered land (including a vesting assent);

(g) an appropriation of registered land;

(h) a rectification of the register;

(i) a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;

shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:

• Provided that—

  (a)

  in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge;

  (b)

  where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.

(6) Subject to article 6 and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:

(a) a charge;

(b) the transfer of a charge otherwise than for monetary consideration;

(c) a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge;

shall be paid in accordance with Scale A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:

• Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.

(7) The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination.