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					                                                                                   30
                                                                                    Registers

                                                           UPDATE
The Fees in the Registers of Scotland Amendment
Order 2010
Background                        Summary of Changes                  for copies. There is no longer
                                  to Registration and                 a provision relating to the
The Fees in the Registers of      Recording Fees                      feeing of related applications
Scotland Amendment Order                                              submitted in a number of
2010 (SSI 2010/404) will come     The minimum fee for transfer        deeds. These applications will
into force on 10 January 2011.    applications     submitted     in   now be charged like any other
The Amendment Order reflects      paper will increase from £30 to     application with each deed
the outcome of a review of fees   £60, with the ARTL minimum          being charged on its own merit.
undertaken by the Keeper on       fee increasing from £20 to
behalf of Scottish Ministers.     £50. All other fee bands will       The      Consultation      Paper
                                  increase by 20%, except             proposed to charge an
RoS operates as a Trading         those applying to properties        additional fee of £400 for
Fund. This means that we          for which the consideration is      constitutive deeds containing
are entirely self-financing,      greater than £1 million, which      Real Burdens. This fee has
covering     our   expenditure    will remain unchanged. The          not been included within the
primarily through the fees that   fee for miscellaneous deeds or      Amendment Order but may be
we charge for our registration    for registering or recording any    revisited at a future date. In the
and information services. The     deed relating to a Standard         case of housing developments,
new fees are being introduced     Security will increase from £30     the Keeper believes that the
as part of a financial            to £60 for paper applications       use of a Deed of Conditions or
sustainability review and will    and from £20 to £50 for ARTL        a Deed of Real Burdens is more
restore fee levels to full cost   applications.                       appropriate and would improve
recovery for the services that                                        the registration process.
RoS provides. This Registers      A new fee of £30 is to be
Update sets out all of the        introduced for applications         Summary of Changes to
changes and other relevant        rejected   prior    to   being      Information Fees
information with the new fees     accepted    for    the   Land
being detailed in the table       Register application record.        The standard Registers Direct
overleaf. Further information     The cancellation fee will be        fee will increase from £1.80
on the consultation and the       set at the application fee but      plus VAT to £3 plus VAT. Nil
new fees can be found on the      with a cap of £400. Fees for        returns on Registers Direct
RoS website at www.ros.gov.       the Chancery and Judicial           will continue not to attract a
uk/feereview2010.                 Registers remain unchanged          charge and free access to
                                  except for the increase from        our online Scotland’s House
                                  £8 to £10 for handling second       Prices will also continue. The
                                  and subsequent extracts and         fees for Reports, copies and
                                                                                    30
                                                                                    Registers

                                                             UPDATE
extracts and the provision of         VAT Change                       Payment of Fees
information to customers such
as the Land Values report will        The national increase in         We can now process the
rise in line with costs.              VAT from 17.5% to 20% is         payment of registration fees
                                      scheduled to take place on 04    by variable direct debit. Some
To reflect the costs involved         January 2011. To minimise the    of the major reasons for
RoS are introducing some              impact on customers, RoS will    applications being rejected by
new charges for the provision         continue to charge customers     RoS prior to being accepted for
of information.         Additional    17.5% on those services          the Land Register application
charges will be introduced of         that attract VAT until the new   record relate to fees. This can
£8 for searches conducted             fees come into force on 10       be the fee being incorrect or
by RoS staff from letter, fax         January 2011. This will ensure   that the application has been
or email requests and £12 for         that customers only need to      submitted with incorrect or
those requested in person at          manage the changes required      missing cheques. From 10
our customer service centres. A       for one set of fee changes. To   January 2011 rejections will
fee of £50 will be introduced for     accommodate this there will be   incur a charge of £30 and the
our pre-registration enquiries        a change to when Registers       use of variable direct debit
service. All enquiries must be in     Direct invoices are generated    would greatly reduce the risk
writing (i.e. email, letter or fax)   in January. Invoices will be     of rejection. The use of ARTL
and must be clearly marked for        generated during the weekend     removes the risk of rejection
the attention of pre-registration     of 08 January 2011 and then      entirely as ARTL applications
enquiries. In respect of              at the end of the month. The     cannot be rejected. Solicitors
personal presentments of              dates will return to normal in   interested in taking advantage
applications at our Customer          February.                        of    variable    direct   debit
Service Centres an additional                                          should contact our Accounts
fee of £15 will be charged in                                          Department on 0131 479 3632
addition to the registration fee.                                      or by email at directdebit@ros.
                                                                       gov.uk.




Hugh Welsh
Registers of Scotland
Room 7.11
Hanover House
24 Douglas Street
Glasgow, G2 7NQ

Tel: 0141 306 1513
Email: Hugh.Welsh@ros.gov.uk

				
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