Transfer of property fees: Land Registry explains

Separate fees may be payable for property transfer even if a single transfer form is used.

Land Registry have recently published an explanation of the fees due when properties are being transferred by multiple proprietors.

Where separate properties are being transferred to different transferees but by a single owner, a separate fee will be due on each transfer. Similarly, individual fees will be required to effect the transfer of different properties owned by different proprietors. This is regardless of whether a single transfer form has been used.

In terms of assessing the payable fee, ‘transfer’ is the disposition – act of transferring. It is not the form or deed used to effect the disposition. This is why, when multiple dispositions are occurring, separate fees are payable.

The forms were initially intended to effect a transfer of properties in common ownership. Where a single form is used for the transfer of properties from multiple proprietors, identifying which element applies to which transferor can be complicated. This might be making sure that stamp duty land tax and other necessary fees have been paid correctly.

To avoid this confusion, it is important that separate transfer forms are used.

Land Registry Practice Guide 21 was recently updated to provide examples of when separate fees would be payable.

The Practice Guide can be accessed here.

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