Last November, The Land Registry made allowances for conveyancer’s to lodge certified copies of deeds and documents when lodging a first registration application (Form FR1). Until recently conveyancers could only lodge original deeds and documents with the form FR1.
From 28th November conveyancers now have a choice of sending original deeds and documents or sending certified copies (providing they meet certain conditions – (see updated Practice Guide 1 for more details). In some instances, conveyancers may still need to lodge applications for first registration with original deeds and documents. It is worth noting that each copied must be certified as follows:-
Each copy must be certified by a conveyancer
A certified copy is a copy of a document that has been certified by a conveyancer as a true copy of the source document (including all memoranda), and endorsed with the conveyancer’s name and address, and date of the certification.
Each copy of any deed or document that accompanies the application must bear the appropriate certification from the three listed below, signed by a conveyancer and dated no more than three months before the application is made for the purposes of rule 15 of the Rules:-
a. I/We certify this is a true copy of the original document.
b. I/We certify this is a true copy of a document which is certified by a conveyancer to be a true copy of the original (for example, in the case of an epitome or abstract).
c. This is a true copy of an uncertified copy deed or document that is in the control of the applicant.
If the quality of a copy deed is not acceptable, the Land Registry will raise a requisition for the original deeds to be lodged.
The application must be made up entirely of certified copy deeds and documents i.e. no originals), if not the Land Registry will deem the application to fall outside of the new direction and they will raise a requisition for the original deeds to be lodged.
Conditions for lodging certified copy deeds and documents instead of originals
- All certified copies must be dated within 3 months of the date of receipt of the application at Land Registry.
- Conveyancers must provide a separate certificate with their application
In order to help conveyancers with the new direction legal forms supplier, FormEvo, have added a new form to their existing library of conveyancing forms. This new form includes the prescribed wording of the new certificate that must accompany First Registration Applications that lodge certified copies of deeds and documents.
- FR1 Certificate – Certificate to accompany an application for first registration (Form FR1) where lodging certified copies of deeds and documents
This new certificate must be signed by an individual conveyancer, with their name printed underneath and not in name of the organisation. It must also contain their individual conveyancer number from the relevant regulatory authority.
This new certificate is mandatory and if it is not lodged with the FR1 application, the Land Registry say that the application will be considered to be substantially defective and may result in the application being cancelled or rejected.
This article was submitted to be published by SDLT.co.uk as part of their advertising agreement with Today’s Conveyancer. The views expressed in this article are those of the submitter and not those of Today’s Conveyancer.
