http://www.legislation.gov.uk/uksi/1995/1945/signature/made

The Fees in the Registers of Scotland Order 1995

Land registration

Tree preservation

King's Printer of Acts of Parliament

2016-08-02

REGISTERS AND RECORDS, SCOTLAND

This Order sets out new fees for services provided by the Registers of Scotland Executive Agency. The Order, which revokes the previous Fees Order of 1991, introduces certain new services and charges and increases some fees to take account of the overall financial position of the Agency, inflation and the actual costs of provision of services.The main changes are as follows:—extended bandings with appropriate fees have been introduced in relation to values exceeding £1,000,000 in both Table A and Table B fees. The bandings have been extended to reflect the general increase in property prices and the complexity of registering and recording most high value transactions with the top band now being £5,000,000 or over in place of the previous £1,000,000 or over. The maximum fees have been increased to £7,500 in place of the previous £1,000 for Table A and £3,750 in place of the previous £500 for Table B (Part IV);clarification that the fixed fee under the special concession for recording a Notice of Title along with a feu deed, lease, or deed of servitude in the General Register of Sasines will now apply when the feu deed, lease, or deed of servitude concerns only a part of the subjects in the Notice of Title (Part II,1);introduction of a formula basis of charging for recording in the General Register of Sasines/registration in the Land Register of an assignation of a leasehold property (Part I,1 and Part II,1);clarification of the fees to be charged for registration in the Land Register of a Tree Preservation Order or Compulsory Purchase Order (Part I,1);the fees for a search for Incumbrances in the General Register of Sasines have been omitted because such a search is rarely, if ever, requested; anda re-ordering of the Parts of the Schedule.Other changes and new services introduced are as follows:—the introduction of a service providing for:the completion of title in the Land Register where a local authority is an uninfeft proprietor in a registered interest in land (Part I,1); andthe recording in the General Register of Sasines of a Notice of Title on behalf of a local authority as statutory successor of a previous local authority (Part II,1);a concessionary fee of £30 has been introduced for combined applications made on Forms 10 and P16, and on Forms 12 and P17, in the Land Register (Part I,2); andthe fee for Form 5 in the Land Register remains unaltered, but the fee will apply for each title sheet affected (Part I,3).A number of fees are increased to take account of the overall financial position of the Agency, inflation and the full value of the work required and materials involved. These include:fees for Form 10, 12 and 14 Reports in the Land Register have been increased from £16.50 to £20 in each case (Part I,2);fees for Form 11 and 13 Reports in the Land Register have been increased from £10 to £12 in each case (Part I, 2);the fee for provision of a facsimile report or a verbal report or a duplicate hard copy report in the Land Register has been increased from £5 to £7 (Part I,2);fees for Form 8 and 9 Reports in the Land Register have been increased from £22 to £25 in each case (Part I,3);fees for Form P16 and P17 Reports in the Land Register, when requested separately from Forms 10 and 12 respectively, have been increased from £16.50 to £20 in each case (Part I,3);the fee for checking the boundaries of adjoining properties in the Land Register has been increased from £16.50 to £20 (Part I,3);the fixed fee for the provision of a substitute Certificate of Title in the Land Register has been replaced by a fee based on the full value of the work required under rule 19 of the Land Registration (Scotland) Rules 1980 and materials involved (Part I,3);the fixed fee for the withdrawal of an application in terms of rule 10 of the Land Registration (Scotland) Rules 1980 will continue to apply where withdrawal, in terms of rule 10, occurs within 14 days from the date of acceptance of an application. In all other cases of a withdrawal of an application in the Land Register or where the application is rejected under the provision of rule 12, the fee has been increased to £44 or half of the appropriate registration fee whichever is the greater (Part I,3);the fee for registration or recording of other miscellaneous transactions and events has been increased from £22 to £25 (Part III,2).the fees for certain inspection, copying and other services, applicable to all Registers (Part XII) have been increased as follows:—from £5 to £7 for searching of any search sheet affecting one property, the exhibition of a title sheet, inspection and searching of indexes and volumes, and for each group of 6 names or less searched for in the Register of Inhibitions and Adjudications;from £0.30 to £0.50 for copying each page of an official extract, certified copy, plain copy, duplicate or office copy;from £1 to £2 for a copy black and white plan;from £3.50 to £5 for a copy coloured plan;from £1 to £2 for a copy of an existing Sasine microfiche;from £2.50 to £4 for the authentication of each official extract, certified copy, duplicate or office copy;from £3 to £6 for the handling of second and subsequent extracts and for copies;from £7.50 to the full value of the work and materials involved for a record transmitted to a Court; andfrom £100 to the full cost (including travelling expenses) for attendance by one of the Keeper’s staff in Court.A number of fees for registrations and services in the Chancery and Judicial Registers have been altered to take account of the full value of the work and materials involved. These include:the flat rate fee for registration in the Register of Inhibitions and Adjudications has been increased from £7 to £15 for all documents received before 1st September 1996 and to £20 for all documents received for registration on or after this date (Part V);fees for registration in the Register of Deeds etc., Register of Protests and Register of Judgments have been increased from £5 to £10 for a document of one page. The fee of 75 pence for each additional page has been increased to £1 (Part VI);the fee for registration of Decree of Service of Heirs has been increased from £22 to £40 in respect of registrations received before 1 September 1996 and to £60 for registrations received on or after this date (Part VII);the fee for a Charter of Novodamus or other Crown Grant of land has been increased from £22 to £44 for an unsealed deed and from £22 to £170 for a sealed deed; the fee for a Commission under the Great Seal has been increased from £370 to £500 (Part VIII);the fee for each impression of the Cachet Seal has been increased from £6 to £15 (Part IX);the fee for each Gift of Ultimus Haeres registered in the Register of the Quarter Seal has been increased from £22 to £44 (Part X); andthe fees for certain other services have been increased as follows:from £4 to £21 for a Certificate issued under the Civil Jurisdiction and Judgments Act 1982; andfrom £4 to £10 for a Certificate of Custody (Part XI).