As a protection against title fraud, certain applications submitted to HM Land Registry must be accompanied by evidence of the identity of the parties affected by the application. The current rules were introduced on 10 November 2008 in reliance on the registrar’s right to require additional evidence under rule 17 of the Land Registration Rules 2003, hence the term “Rule 17 evidence of identity”.
When is Rule 17 identity evidence required?
HM Land Registry reserves the right to require identity evidence in respect of any application, but it is commonly required for the following types of application:
- Transfers of registered land, including transfers of equity and gifts;
- The grant of a lease;
- The surrender of a lease;
- The registration of a legal charge;
- The discharge of a legal charge;
- First registration, including voluntary applications;
- Applications to update a proprietor’s name on the register.
In these cases, the parties to the application, as well as any attorneys or deputies acting for them, may need to be identified, subject to certain exceptions.
Exceptions to the Rule 17 identity requirements
The low value exception
This applies to transfers where the market value of the land transferred is less than £6,000. It is the market value, not necessarily the price paid, that is relevant. Evidence of market value from someone suitably qualified to advise, such as a valuer or estate agent, may be required.
Insolvency officials and similar office holders
The following officials are exempt:
- Trustees in bankruptcy / official receivers;
- Law of Property Act receivers;
- Deputies appointed under the Mental Capacity Act 2005;
- Guardians.
The “not practicable” exception
This exception cannot be relied upon simply because satisfying Rule 17 is inconvenient, even if it is very inconvenient. Other than where contracts were exchanged before 10 March 2008, it most commonly applies where the donor of a power of attorney lacks mental capacity. In that situation, evidence of lack of capacity may be required, such as a letter from a medical doctor.
The bank or building society exception
Where the application is for the discharge of a charge and is made by a bank incorporated in the UK, or a building society formed in the UK, and the lender is making the application in its own name, Rule 17 does not apply. If the discharge is dealt with by paper DS1 or DS3, Rule 17 identity evidence may still be required.
How to satisfy Land Registration Rule 17
There are three main ways to satisfy Rule 17 identity requirements:
- If a party is represented by a conveyancer, the conveyancer’s details may be entered on the AP1 or other application form;
- A conveyancer may give a certificate confirming that sufficient steps have been taken to verify the party’s identity;
- For unrepresented parties, an ID1 form for individuals or an ID2 form for companies can be supplied.
ID1, ID2 and ID5 forms
For any party who is not represented by a conveyancer and who does not qualify for an exemption, an ID1 or ID2 form will usually be required. ID1 forms are used to identify individuals. ID2 forms are used for corporate bodies, such as companies.
A conveyancer must check the person’s identity and complete either Part B of the ID1 or ID2 form if seeing the person in person, or a separate ID5 form if the identity check is carried out remotely by video call.
The person being identified will need to show original identity documents, such as a passport or driving licence, or alternatively two items from the permitted supporting document list, such as bank statements or utility bills. For in-person appointments, a passport-style photograph is required. For remote appointments, a screenshot is taken by the conveyancer instead.
The conveyancer must retain records of the identity check and may be contacted by HM Land Registry to confirm that the check was carried out.
Remote ID verification by video call
ID Verification Online provides remote ID1, ID2 and ID5 verification appointments by video call. This can be useful where you are making an application to HM Land Registry without being represented by a conveyancer, or where identity evidence is otherwise required.
To book an appointment, click the button below.