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Scale 1 fees

When assessing fees under Scale 1, fees must be paid on the VAT-inclusive consideration or rent.

Fee reductions when using Scale 1

There are reduced fees for:

• voluntary first registrations (applications for first registration based on adverse possession or lost deeds are regarded as voluntary applications, unless the application includes a deed that triggers compulsory registration) (minimum 25% reduction)
• transfers of whole and surrenders of whole for registered titles when using the portal or Business Gateway (reduced by 55% compared with the fee for postal applications).

There are no reduced fees for:

• applications for first registration of title to a rentcharge, a franchise or a profit, or mines and minerals held apart from the surface (as these are not treated as voluntary applications for fee purposes)
• transfers of part and other applications affecting part of registered titles even when using the portal or Business Gateway
• applications to register leases when using the portal or Business Gateway

Transactions under Scale 1

• first registrations
• first registration of a rentcharge
• transfers of registered land for monetary consideration
• leases and surrenders
• large scale applications
• fee reductions Scale 1

First registrations

If the application is made within one year of an open market sale, base the fee on the consideration (including the amount outstanding under any continuing charge). However, for the following first registrations the fee is payable on the full current open market value of the property that is being registered:

• assents
• exchanges
• equity release transfers
• first mortgages
• first registrations where the conveyance on sale is more than one year old
• franchises
• profits
• transfers by way of gift
• transfers of a share in property

In these cases we will accept a statement of value signed by the applicant, the applicants legal representative or some other person competent to make such a statement.

Sometimes the deed which induces registration (for example a transfer, assent or charge) will be of both registered and unregistered land. In these cases we need a separate AP1 application form for the registered land, and an FR1 application form for the unregistered land. Separate fees are required for both parts, based on apportioned value.

If HM Land Registry decide an inspection of the property is necessary, then an additional fee of 40 is required under article 11. This will be refunded if the inspection is not undertaken for any reason.

First registration of a rentcharge

Scale 1 fees do not apply to rentcharges. The fee is 40 fee, irrespective of the value of the rentcharge.

Transfers of registered land for monetary consideration

This includes transfers giving effect to dispositions of shares in registered estates. The fee payable is based on the consideration, which is usually the purchase price.

If the transfer has a purchase price, use this as the consideration to assess the fee. If the transfer contains a consideration, not in pounds (eg euros or shares in a company), you will need to supply us with the equivalent value in pounds and assess the fee accordingly.

Examples

1. Chris buys a property for 575,000. The fee is payable under Scale 1 on the price paid.
2. England and Wales Property Portfolio Limited buys a new office building for 900,000. VAT of 180,000 is chargeable on the transaction. The fee is payable under Scale 1, assessed on the VAT inclusive price of 1,080,000.
3. Europa Land Limited buys a property for 900,000. The fee is payable under Scale 1 on the sterling equivalent.
4. Development Plan Limited assembles a site for development by buying sites from 3 separate landowners for 1.2 million, 1.7 million and 850,000. Three Scale 1 fees are payable, assessed on the price paid in each separate sale, regardless of whether 1 transfer form or 3 transfer forms are used.
5. Yamada Taro buys a house for 350,000. The house is registered, but the garage is not. He apportions the value as to 325,000 for the registered land and 25,000 for the unregistered land. A separate Scale 1 fee is payable for both parts (If this were a transfer not for value the registered land part would pay under Scale 2 and the unregistered part under Scale 1).
6. Caroline voluntarily registers her house worth 400,000. As it is a voluntary first registration she pays the Scale 1 fee reduced by 25%.
7. Fitzwilliam Darcy transfers 2 properties, title numbers CS1 and CS2, for 250,000 to Elizabeth Bennett, using one transfer form. A scale 1 fee is payable on the total consideration. However different considerations will apply if the properties are in different ownership. See practice guide 21.
8. Belvedere LLP buys 2 properties, part of 1 title for 30,000 and the whole of another for 300,000. One Scale 1 fee is payable based on the total consideration of 330,000 if a single transfer is used because the transfer affects part of a registered title. Separate fees would be payable if separate transfers were used.
9. Court orders Mr Smith to transfer a property to Mrs Smith as a result of the breakdown of their marriage under the Matrimonial Causes Act 1973, and for Mrs Smith to pay 50,000. This is assessed under Scale 2: other applications affecting registered estates. Similar considerations apply to transfers by court orders under the Civil Partnerships Act 2004, but not court orders under any other act.

Leases and surrenders

Read the leases section.

Large scale applications

Where the deed affects 20 registered titles or more, or where a first registration comprises of 20 land units or more, refer to our guide Large Scale Applications (Calculation of Fees).

Scale 2 fees

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