The Land Registration Fee Order 2012

Applications for first registration and applications for registration of a lease

2.—(1) The fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7, unless the application is —

(a) for the registration of title to a lease by the original lessee or the original lessee’s personal representative, where paragraph (2) applies,

(b) a voluntary application, where either paragraph (6) or article 6(3) applies, or

(c) a large scale application, where article 6 applies.

(2) The fee for an application by the original lessee or the original lessee’s personal representative for the registration of title to a lease, or for an application for the registration of the grant of a lease, is payable under Scale 1—

(a) where

(i) there is no premium, and

(ii) either there is no rent or the rent cannot be quantified in money at the time the application is made,

on the value of the lease assessed under article 7 subject to a minimum fee of £40,

(b) where

(i) there is a premium, and

(ii) either there is no rent or the rent cannot be quantified in money at the time the application is made,

on the premium, or

(c) in all other cases, on an amount equal to the sum of the premium (if any) and the rent,

unless either of the circumstances in paragraph (3) applies.

(3) Paragraph (2) shall not apply if the application is —

(a) a voluntary application, where paragraph (6) applies, or

(b) a large scale application, where article 6 applies.

(4) The fee for an application for the first registration of a rentcharge is £40.

(5) The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.

(6) The fee for a voluntary application (other than a large scale application, where article 6(3) applies) is the fee which would otherwise be payable under paragraph (1) or (2) reduced by 25 per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.

(7) For the purposes of paragraph (2)—

(a) a peppercorn rent or other rent having no money value is to be treated as if it were an annual rent of one penny, and

(b) where the rent reserved by the lease varies or can be varied, it is to be treated as being the largest amount of annual rent the lease may reserve in the first five years of its term, or in any year where the term is less than five years.

(8) In paragraph (2)

(a) “lease” means—

(i) a lease which grants an estate in land whether or not the grant is a registrable disposition, or

(ii) a lease of a franchise, profit or manor the grant of which is a registrable disposition,

(b) “premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,

(c) “rent” means the amount or value of the annual rent, or the amount or value of the rent for the term if the lease is for a term of less than one year.