Citation, commencement and interpretation

1.–(1) This Order may be cited as the Land Registry (Fees) Order (Northern Ireland) 2010 and shall come into operation on 1st June 2010.

(2) Words and expressions used in this Order and defined in the Rules have the same meaning as in the Rules.

(3) In this Order–

"the 1970 Act" means the Land Registration Act (Northern Ireland) 1970;

"the 2001 Act" means the Ground Rents Act (Northern Ireland) 2001;

"certificate of redemption" has the meaning assigned to it by section 7(2) of the 2001 Act;

"charge" (except in Part III of Schedule 1) means a charge on land to secure money and includes a sub-charge but not a statutory charge;

"electronic communication" has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001(4);

"electronic lodgement" means lodgement of an application for electronic communication via the LandWeb operating system;

"equity - sharing lease" means a lease of land, the general effect of which is to provide–

"fees" means the fees to be taken in the Land Registry (the Registry) for the purposes of the 1970 Act and the 2001 Act;

"the Rules" means the Land Registration Rules (Northern Ireland) 1994(5) and a reference by number to a rules or Form is a reference to the rule or Form bearing that number in the Rules.

Revocation

2. The Land Registry (Fees) Order (Northern Ireland) 2007(6) is hereby revoked.

Fees

3. Subject to the following provisions of this Order, the fees set out in Schedule 1 shall be payable in respect of the matter there mentioned.

Value

4.–(1) For the purposes of this Order, the value of any estate in land, shall be determined in accordance with paragraphs (2) to (6).

(2) Subject to paragraphs (3) to (6) the value of an estate in land is its market value, that is to say, such sum as the estate would fetch if sold on the open market at the date on which the application with respect to which the value is required to be ascertained is made to the Registry, free from any mortgage or charge for payment of money other than a land purchase annuity. For the purposes of this paragraph, the Registrar may accept as the market value of an estate, the consideration expressed in a deed or an amount stated to be that value in as statement in writing signed by the applicant or his solicitor.

(3) Where an application is made to the Registry to register an exchange, the value of the estate in land to which the application relates shall be the combined value of the registered land exchanged, determined in accordance with paragraph (2).

(4) Where an application is made to the Registry to register a Lease which is not equity-sharing the value of the estate in land determined in accordance with paragraph (2) to which the application relates shall be the market value of the estate or 10 times the current annual rent whichever is greater.

(5) Where an application is made to the Registry to register a Lease which is equity-sharing the value of the estate in land determined in accordance with paragraph (2) to which the application relates shall be the market value of the equitable share or 10 time the current annual rent whichever is greater.

(6) Where an application relates solely to the estate of a person entitled as a tenant in common, joint tenant or coparcener, the value of the estate in land to which the application relates shall be the value of that person´s estate; and where a registered owner transfers his estate to himself and another as co-owners, the value of the state in alnd to which the application relates shall be the value of the state passing to the other person.

Reduction of fees

5. Where an application or dealing, for which a fee in excess of £50.00 is prescribed by this Order, is refused, abandoned or withdrawn, there shall only be payable in respect of the application or dealing the sum of £50.00 or one quarter of the fee prescribed by this Order in respect of the application or dealing, whichever is the greater.

Exemption from fees

6. No fee shall be payable in respect of any matter mentioned in Schedule 2.

Payment of fees

7.–(1) Fees shall be payable at the time when an application, dealing or other matter in relation to which a fee is to be taken, is presented to the Registry.

(2) Where in determining the fee payable in respect of any matter a calculation is involved, the amount payable shall be calculated to the nearest £0.05.

(3) Every fee shall be paid in cash or by means of a banker´s draft, money order, postal order, cheque or electronic monetary transfer.

Application to the Crown

8. Subject to the provisions of the 1970 Act, this Order shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

Article 3

SCHEDULE 1

PART I SCALE FEES

Scales

1. Subject to paragraphs 2 and 3, on any application to register a transfer, lease, or an exchange or a change of ownership under section 36 of the 1970 Act(7) (excluding such an application as is referred to in paragraph 5(f)) the fee shall be payable according to the value of the estate in land to which the application relates and calculated by reference to the Scale below–

2. The minimum fee (£60 or £40 in the case of electronic lodgement) shall be payable on any application to register trustees as owners or to register documents whereby registered co-owners transfer their estates in the land to themselves.

3. On an application to register documents effecting a transfer of the ownership of one or more charges the minimum fee (£60 or £40 in the case of electronic lodgement) shall be payable in respect of each charge.

PART II FIXED FEES

First registration

4. The fees set out in this paragraph shall be payable in respect of an application for the first registration of any title, under Part II of the Rules–

Registration

5. The fees set out in this paragraph shall be payable in respect of the following applications–

Land certificates and certificates of charge

6. The fees set out in this paragraph shall be payable in respect of the following applications–

Inspection, copies and searches

7. The fees set out in this paragraph shall be payable in respect of the following matters–

Miscellaneous fees

8. The fees set out in this paragraph shall be payable in respect of the following matters–

PART III STATUTORY CHARGES REGISTER

9. In relation to the Statutory Charges Register, the fees set out in this paragraph shall be payable in respect of the following matters–

PART IV REDEMPTION OF GROUND RENTS

10. The fees set out in this paragraph shall be payable in respect of the following matters–

Article 6

SCHEDULE 2 MATTERS WHICH ARE EXEMPT FROM FEES BY VIRTUE OF ARTICLE 6

1. Registration as a burden under Schedule 6 to the 1970 Act, at the time of first registration of the title, of a charge for payment of money which arose before first registration other than a charge for payment of money affecting a leasehold estate where the ownership of the leasehold estate will be registered in accordance with rule 82(2) or 83.

2. Registration on a folio of the ownership of a burden where such registration is made at the time of its registration as a burden.

3. Registration of a burden created or granted in a document of transfer or lease where such burden is registered at the time of registration of the transfer or lease.

4. Registration of an appurtenance where the easement is created or granted in a document of transfer or lease and such registration is made at the time of registration of the transfer or lease.

5. Registration of a burden created by the will of a registered owner or in a deed of settlement or or a charge under section 7 of the Administration of Estates Act (Northern Ireland) 1955(12) where such burden is registered at the time of registration of a change in ownership of the land which is subject of the burden.

6. Registration of a charge created by an order charging land made under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981(13) where notice of that Order has been entered on the title register under Article 48 of that Order or paragraph 4 or Part IV of Schedule 2 to the 1970 Act(14) or cancellation of such notice upon registration of such a charge.

7. Entry of notice of the existence of a burden specified in entry 5 of Part I of Schedule 5 to the 1970 Act, or cancellation of any burden specified in entry 3, 4 or 5 of Part I of that Schedule.

8. Reclassification of a title on the initiative of the Registrar under paragraph 3 of Schedule 3 to the Act.

9. Rectification of the register or the Statutory Charges Register where the rectification is made in consequence of an error made in the Registry.

10. Entry of an inhibition by the Registrar under section 68(15) of the 1970 Act.

11. Alteration by the Registrar of the description of land registered in a folio.

12. Approval of an estate development or building plan intended for use in a series of dealings.

13. Registration of an existing charge or other burden on a superior estate consequent on the extinguishment of an inferior estate.

14. Entry of notice of the deposit of a certificate of title to secure the payment of money where that notice has been lodged in the Registry under rules 129(5) and 137(1) in response to an order made by the Registrar for the production of certificate of title.

15. Registration of the devolution of the title of any person entitled to be registered as owner but not so registered, where application has been made for the registration of ownership on transmission on the death of a full owner or on cessation of a limited ownership. (eg Presentation of two Assents, one in the estate of deceased registered owner not previously presented for registration accompanied by Assent in estate of person who should have been registered attracts only one registration fee, the first dealing being exempt from fees)

16. The cancellation of a caution, inhibition, notice of pending action or any charge.

17. The renewal or cancellation of an entry of notice of the presenting of a bankruptcy petition referred to in section 67A(1)(16) of the 1970 Act.

18. Amendment of the title register pursuant to rule 164.

19. The release from a charge of part only of the land charged.

20. Application for the issue of an endorsed instrument of charge in accordance with rule 122.

21. Registration of bankruptcy petition or bankruptcy inhibition.

22. Alteration of the address of description of a person appearing in a folio or alteration of such person´s name consequent on marriage, where the application for such alteration is made at the same time as an application for the registration of a transfer or charge relating to the land in that folio.

23. Cancellation of the registration of a lease as a burden consequent upon the extinguishment of the lease by virtue of the sealing of a certificate of redemption, where the application for such cancellation is made at the same time as an application for the registration of the certificate of redemption.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes the fees to be taken in the Land Registry for the purposes of the Land Registration Act (Northern Ireland) 1970 ("the 1970 Act") and the manner in which those fees are to be paid.

The Order revokes and replaces the Land Registry (Fees) Order (Northern Ireland) 2007. The principal changes are as follows:

(a) leases now attract ad valorem scale fees;

(b) registration fees are increased where the application is submitted solely on paper. Reduced fees up to 20% can be obtained where the application is submitted electronically;

(c) the standard search fee of £3.00 is increase to £3.50;

(d) copy map and document charges are increased by £0.50; and

(e) a fee of £150 will be charged for any application which requests the Registrar rule on any matter.