Skip to main content
Posted Sat, 23 Sep 2023 15:13:53 GMT by Kay Neville
I'm getting very confused about fees we will need to pay to HM Land Registry. 

My sister & I have Grant of Probate in both our names & we are both executors & equal beneficiaries of our late mother's will. We are not looking to sell our mother's house (where I am living) & neither of us is buying out the other's half share of the property. We just need to change the ownership of the house to both our names equally. I know we have to submit AP1 and AS1 forms plus either ID1 or ID3 for each of us.

After looking at the HM Land Registry guidance notes and online fee calculator, do we need to pay:
  • Alteration on the Register fee £40, AND
  • Assent - Registered Land £100 according to Scale 2, AND
  • Death or Bankruptcy- Transfer by Operation of Law £100, AND
  • Transfer of Registered Land - Not For Value, for which the online fee calculator VERY UNHELPFULLY says "fee levels for this application type can vary" and I couldn't find details on what the amount would be for a property value £200k-£500k, which is the relevant value range for Scale 2 fees.
Or will the only fee we need to pay be £100 as per Scale 2 for Assent?

I'd really appreciate your precise clarification on this, particularly as I also need to be sure we put the right "application type" on the forms. Is it "change the register" and "whole of registered title: assent" or something else?

By the way, current guidance notes on ID3 forms still say 

"We also do not require confirmation of identity for certain parties who already have to send us evidence of their appointment. This includes personal representatives (executors or administrators of a deceased person’s estate), trustees in bankruptcy, liquidators and Mental Capacity Act deputies (a full list is in practice guide 67: evidence of identity). This exemption applies both when they are parties to a deed, and when they are also sending the affected application to us themselves.

Please note though that confirmation of identity is still required for the beneficiary under an assent (except in the case where someone is assenting the property to themselves) or the transferee under a transfer, and also for any person lodging the application (unless they are the executor, trustee in bankruptcy etc as referred to in the above paragraph)." Which seems to say we don't need to confirm our ID, but updated Practice Guide 67 says we do....

Thanks in advance for your help,

Kay


 
Posted Mon, 25 Sep 2023 06:57:58 GMT by Adam Hookway
Kay - it's an Assent of registered land so Assent - Registered Land £100 according to Scale 2
On the form AP1 simply refer to it as an Assent and add the 'Full market value is £X'
The guidance notes are being amended in line with PG67 so we do need you both to have your identities verified - thank you for spotting and sharing the conflicted guidance
Posted Thu, 05 Oct 2023 12:59:39 GMT by Derek Worrallo
Hello, I wish to gift of deed in full, my house in the uk to my 2 nephews and niece. I live in Tenerife, there is no mortgage on the property, approx £210,000 it is registered at land registry already in my name and my late wifes. What fee do i need to pay so i can fill in form AP1.
Thanks
Derek.
 
Posted Thu, 05 Oct 2023 13:10:48 GMT by Adam Hookway
Derek - if you are gifting the whole legal ownership to others then it's Scale 2 on the current market value. So £100 as it's a postal application 
Posted Thu, 22 Feb 2024 12:55:23 GMT by Michele Dawson
I’m getting confused too as to what fees apply for submitting AS1 and AP1 forms.

I have probate and I am the sole beneficiary and executor of my late father and need to change ownership of the property to myself. There is no mortgage and I’m not selling in the near future. I assume I’m submitting the correct forms above? The property is approximately £165k and I think I need to send a postal order (I don’t have a cheque book) for £110. Any advice would be appreciated. With many thanks.
Posted Thu, 22 Feb 2024 14:29:41 GMT by Adam Hookway
Michelle - the fee is £70 as it's a postal application and a scale 2 fee on the full market value in your case. 
It can be confusing at times although I'm not aware of a £110 fee being charged 
Posted Thu, 22 Feb 2024 16:38:06 GMT by Michele Dawson

Thanks you for confirming Adam, much appreciated, Michele 

You must be signed in to post in this forum.

Sign in