The Fees in the Registers of Scotland Order 1995

I. REGISTRATION FEES

Interests in land other than heritable securities

A.  When application is made for—

(a)registration of an unregistered interest in land in pursuance of section 2(1) of the Act;

(b)registration of the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or

(c)registration of any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act,

the fee to be charged shall be calculated as follows:—

(i)where the interest in land to which the registration relates has been created, granted or transferred for a consideration, on the amount of the consideration or the value of that interest, whichever is the greater; or

(ii)in any other case, on the value of the interest in land to which the registration relates except that, where an application is made to register an interest or interests in land excambed, a fee will be charged on the value of the interest to which the application relates,

and shall be at the rates shown in Table A in Part IV of this Schedule, subject to the provisions of Part III of this Schedule and to the following provisions:—

(aa)where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(bb)where a single application, not being an application to register a transfer of part of a registered interest in land, affects a number of title sheets, the fee to be charged shall be based on the amount of the consideration or the value of the interest in land created, granted or transferred, whichever is the greater, plus a fixed fee for every title sheet affected other than the first;

(cc)where an application is made to give effect to a survivorship destination only, a fixed fee will be charged;

(dd)where the application is to register the assignation of a leasehold property, a fee will be charged based on the price paid for the assignation plus ten times the annual rent;

(ee)where the application is made to register a Tree Preservation Order or a Compulsory Purchase Order, a fixed fee for each title sheet affected will be charged;

(ff)where a local authority as uninfeft proprietor of a registered interest in land applies to complete its title thereto in terms of section 3(6) of the Act, the fee charged will be £44 for the first title sheet affected and a fixed fee for every other title sheet affected.

Heritable securities

B.  When application is made for—

(a)registration of the creation over a registered interest in land of a heritable security in pursuance of section 2(3) of the Act; or

(b)registration of any other dealing with a heritable security in pursuance of section 2(4) of the Act,

the fee to be charged shall be calculated on the amount of the heritable security or securities created, or otherwise dealt with, and shall be at the rates shown in Table B in Part IV of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:—

(i)where a heritable security secures a yearly or periodical payment, the amount of the heritable security shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(ii)where an application for the registration of a heritable security over a registered interest in land accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of the security will be charged;

(iii)where a discharge, a discharge and deed of restriction or a deed of restriction of a heritable security however constituted accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of each such accompanying security deed will be charged;

(iv)where a discharge and deed of restriction is registered on its own, the fee will be charged on the amount of the discharge;

(v)where a deed of restriction is registered on its own, a fixed fee will be charged;

(vi)where a variation of a heritable security is registered, a fixed fee will be charged except where the amount secured by the security is increased, in which case the fee will be charged on the amount of the increase;

(vii)where a single application affects a number of title sheets, the fee to be charged will be based on the amount of the security or securities created, or otherwise dealt with, plus a fixed fee for each title sheet affected other than the first.