Voluntary first registration is a process in which property owners can choose to register their unregistered land or property with the HM Land Registry.
Unlike compulsory registration, which happens automatically during certain transactions like sales or mortgages, voluntary registration is done at the property owner's discretion.
In this article, we will cover what voluntary first registration is, why it's important, and how you can register your property voluntarily.
We'll also look at the advantages of having your property registered, and the legal ramifications and requirements involved in voluntary first registration.
Table of Contents
- What is voluntary first registration?
- When is voluntary first registration applicable?
- The process of voluntary first registration
- What is the difference between voluntary and compulsory first registration?
- What are the benefits of voluntary first registration?
- What are the costs involved in voluntary first registration?
- How long does voluntary first registration take?
- Can I register my property myself, or do I need a solicitor?
What is voluntary first registration?
Voluntary first registration is when a property owner chooses to register their unregistered property with HM Land Registry. Unlike compulsory registration, which happens automatically during events like selling the property or getting a mortgage, voluntary registration is done by the owner’s choice.
This means the property details are officially recorded, including ownership, boundaries, and any rights or restrictions associated with the property.
When is voluntary first registration applicable?
A property might not be registered with HM Land Registry if it hasn't been sold or mortgaged since the compulsory registration rules were introduced.
However, voluntary first registration can be undertaken at any time by a property owner who wants to:
Secure proof of ownership;
Simplify future transactions like selling, mortgaging, or transferring the property;
Protect against fraud and claims of adverse possession.
The process of voluntary first registration
Confirm that your property is unregistered by searching the Land Registry;
Get your property deeds and any related documents (e.g. a scale plan if the boundaries aren't clearly outlined);
Complete the necessary application forms for first registration;
Pay the fee (voluntary registrations often get a reduction);
Submit your application to the Land Registry.
What is the difference between voluntary and compulsory first registration?
Voluntary first registration can happen at any time when the owner decides it would be beneficial. However, compulsory first registration is triggered by certain events such as:
The sale of a property
Granting of a long lease (over seven years)
Taking out a mortgage
Inheritance or gift of the property
Court orders or changes in trust affecting the land.
Simply put, compulsory first registration is a legal requirement when a triggering event occurs, while voluntary registration is initiated by the property owner's choice at any time.
What are the benefits of voluntary first registration?
Voluntary first registration offers several key benefits for property owners, making it a worthwhile process even when not legally required.
Proof of ownership
Voluntary first registration provides an official, central record of property ownership with the HM Land Registry.
This helps avoid disputes over ownership and makes it easier to prove ownership if the original paper deeds are lost or damaged.
Easier selling and mortgaging
Registered properties have their ownership details and boundaries documented, making future sales, mortgages, and transfers more straightforward and less time-consuming.
Protection against fraud
HM Land Registry’s records help prevent fraudulent activities, such as someone falsely claiming ownership or attempting to sell the property without the owner’s consent.
Protection against adverse possession
Registration reduces the risk of adverse possession, where someone might try to claim ownership of the property by occupying it without permission. Registered land is less vulnerable to such claims.
Reduced registration fees
Voluntary first registration often comes with a 25% discount on the registration fees compared to compulsory registration.
Clear boundaries
When a property is registered, the HM Land Registry creates a title plan that clearly outlines the property’s boundaries.
This helps resolve or prevent disputes with neighbors over property lines.
What are the costs involved in voluntary first registration?
The registration fee for voluntary first registration is based on the value of the property. There is typically a 25% discount for voluntary registrations compared to compulsory registrations. Here are the current fee ranges:
Property Value | Voluntary Registration Fee |
|---|---|
Up to £80,000 | £30 |
£80,001 to £100,000 | £45 |
£100,001 to £200,000 | £95 |
£200,001 to £500,000 | £250 |
£500,001 to £1,000,000 | £375 |
Over £1,000,000 | £680 |
While it is possible to complete the registration process yourself, many property owners opt to hire a property solicitor or conveyancer to handle the complexities.
Solicitor's fees
Solicitor's fees can vary widely depending on the solicitor’s experience and the complexity of your case. On average, expect to pay between £300 to £800 for straightforward cases.
At Lawhive, we provide fixed fee quotes for the legal work you require, so you always know where you stand.
Contact us today to get a free quote.
How long does voluntary first registration take?
Voluntary first registration can take anywhere from a few weeks to several months. On average, the process might take about 6 to 9 months. However, during busy periods at HM Land Registry, processing times may be longer.
In some cases, you may be able to request expedited processing if there is an urgent need, such as a pending property sale or mortgage application. However, this is at the discretion of HM Land Registry and not guaranteed.
Can I register my property myself, or do I need a solicitor?
You can choose to register your property yourself or hire a solicitor to handle the registration for you.
Solicitors have the knowledge and experience to handle the registration process efficiently. They ensure that all forms are completed correctly and all required documents are included.
Solicitors can also manage complex situations, such as missing deeds or boundary issues, more effectively.
Consider your comfort with legal procedures and the complexity of your property’s documentation when deciding whether to undertake the process yourself or seek professional help.
Get help from property law experts
Voluntary first registration offers significant benefits for property owners, including clear proof of ownership, simplified future transactions, and enhanced protection against fraud and adverse possession.
By proactively registering your property, you make sure that your ownership rights are securely recorded and make any future dealings with the property more straightforward and efficient.
At Lawhive, our network of expert property solicitors can assist you with the voluntary first registration process. They will guide you through each step, ensuring that all legal requirements are met and your property is registered smoothly and efficiently.
Contact us today for a free case evaluation and let Lawhive provide the expert assistance you need.