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Posted about a month ago by Becky Gardiner
I am applying for planning permission to build a new house in my garden. If permission is granted, and the build goes ahead, I will need to split the deeds. How do I go about this, is it something I would need a solicitor for, and what are the fees involved? Finally, at what stage should I split the fees - once permission is granted, or after the property is built?
Posted about a month ago by Adam Hookway
Becky - It is possible to split or subdivide the registered title of your property, however, if it is not as a result of a sale/transfer, it would be at the Registrar's discretion, and you would have to disclose your reasons for the request.

Most 'splits' occur naturally when you transfer part of the title to a new owner so you actually splitting it is not necessary
 

If you wish to lodge an application:

  • You must apply on form AP1, notifying us that a transfer is not required.

  • You must explain in a covering letter the reason why sub-division is required. 

  • You will need to clearly identify the extent on a plan that complies with our registration requirements. You can find out information about plans in HM Land Registry plans: guide overview (PG40).

  • If the land is subject to a mortgage, consent to the subdivision of title must be obtained from the lender.

  • There is a fee of £40.00. Cheques/postal orders should be made payable to HM Land Registry. We do not currently accept card payments for applications.

Please be aware that we will only consider your request once a formal application is made, and we may refuse to proceed with the application if we consider that dividing the title would not be desirable.

If you choose to prepare the application yourself, send it to the following address:

HM Land Registry address for applications.

Posted about a month ago by Becky Gardiner

Thanks so much for your quick reply. Just to make sure I have understood correctly, the normal way to do this would be to wait until the sale of the house (my plan is to sell the existing house, and live in the new one) and split the deed as part of that conveyancing process?

Posted 29 days ago by Adam Hookway
Becky - correct. The purchaser would then apply to buy their part and that would be split away and a new title number allocated

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