PART 15GENERAL PROVISIONS
Retention and return of documents
C1Retention of documents on completion of an application203C2
1
Subject to paragraphs (2) to (5), on completion of any application the registrar may retain all or any of the documents that accompanied the application and must return all other such documents to the applicant or as otherwise specified in the application.
2
When making an application, an applicant or his conveyancer may request the return of all or any of the documents accompanying the application.
3
Except on an application for first registration, a person making a request under paragraph (2) must deliver with the application certified copies of the documents which are the subject of the request.
4
On an application for first registration, a person making a request under paragraph (2) for the return of any statutory declaration, F1statement of truth, subsisting lease, subsisting chargeF1, a certificate relating to stamp duty land tax as required by section 79 of the Finance Act 2003, or the latest document of title must deliver with the application certified copies of any such documents as are the subject of the request, but shall not be required to deliver copies of any other documents.
5
Subject to the delivery of any certified copies required under paragraphs (3) or (4), the registrar must comply with any request made under paragraph (2).
6
The registrar may destroy any document retained under paragraph (1) if he is satisfied that either—
a
he has made and retained a sufficient copy of the document, or
b
further retention of the document is unnecessary.
7
If the registrar considers that he no longer requires delivery of certified copies of documents, or classes of documents, under this rule he may, in such manner as he thinks appropriate for informing persons who wish to make applications, give notice to that effect and on and after the date specified in such notice—
a
the requirement under this rule to deliver certified copies of the documents covered by the notice no longer applies, and
b
the registrar may amend any Schedule 1 form to reflect that fact.
8
In paragraph (4) the “latest document of title” means the document vesting the estate sought to be registered in the applicant or where the estate vested in the applicant by operation of law the most recent document that vested the estate in a predecessor of the applicant.
Request for the return of certain documents204C3
1
This rule applies to all documents on which any entry in the register of title is or was founded and which are kept by the registrar on the relevant date.
2
During the period of 5 years beginning with the relevant date any person who delivered a document to the registrar may request the return of that document.
3
Where at the time of the delivery of the document the person delivering the document was the registered proprietor, or was applying to become the registered proprietor, of any registered estate or registered charge in respect of which the entry referred to in paragraph (1) was made, a person who is at the date of the request the registered proprietor of any part of the same registered estate or registered charge may make a request under paragraph (2) for the document to be returned to him.
4
Subject to paragraph (5), if, at the date of the request under paragraph (2), the document is kept by the registrar he must return it to the person making the request.
5
If the registrar receives more than one request under paragraph (2) in respect of the same document, he may either retain the document or, in his discretion, return it to one of the persons making a request.
6
At the end of the period mentioned in paragraph (2) if there is no outstanding request in relation to the document the registrar may destroy any document if he is satisfied that—
a
he has retained a copy of the document, or
b
further retention of the document is unnecessary.
7
Where a request is made for the return of a document after the end of the period mentioned in paragraph (2), the registrar may treat the request as a request under paragraph (2).
8
The “relevant date” for the purpose of this rule is the date on which these rules come into force.
Release of documents kept by the registrar205
The registrar may release any document retained under rule 203(1) or to which rule 204 applies upon such terms, if any, for its return as he considers appropriate.