Registering property with the Land Registry
If you've bought a shared ownership home, the solicitor who represented you during the purchase is responsible for ensuring that the lease has been registered with the Land Registry. However, this may take time - in some instances, the Land Registry has taken well over a year to complete property registrations.
Find out why this matters below.
What could happen if registration is delayed?
When property registrations have not been followed up promptly, this can cause problems if you want to staircase or resell your property. This is why we strongly advise that you check with your original solicitor to confirm that your property has been registered.
Frequently asked questions
Who is responsible for registering my shared ownership lease with the Land Registry?
The buyer’s solicitor is responsible for registering the lease with the Land Registry after completion. This is a crucial legal step, as failure to register the lease can cause significant issues later, such as delays in staircasing or selling the property.
Why does the buyer’s solicitor have to register the lease?
Under Land Registration Act 2002, Section 27.2 (b)(i), a lease granted for a term of more than seven years must be registered with the Land Registry. Shared ownership leases are typically granted for 99 or 125 years, making registration a legal requirement.
What happens if my solicitor doesn’t register the lease?
If the lease isn’t registered:
- The buyer won’t have legal ownership of the leasehold interest.
- The mortgage lender (if applicable) may not release funds for staircasing or resale.
- The buyer could face legal complications when trying to sell or increase their ownership share.
It’s essential for buyers to check with their solicitor after completion to confirm the lease has been successfully registered.
What documents does my solicitor need to register the lease?
Your solicitor must submit an application to the Land Registry with the following:
- A completed AP1 form (application for registration).
- A certified copy of the lease.
- A stamp duty land tax (SDLT) return or exemption confirmation.
- A mortgage deed (if applicable).
- The correct registration fee based on the property value.
How long does registration take?
Due to significant delays at the Land Registry, lease registrations can now take over 12 months to complete. These delays are due to a backlog caused by high transaction volumes and staffing shortages. Buyers are advised to follow up with their solicitor regularly.
How can I ensure my lease registration is progressing?
Buyers should contact their solicitor within six weeks of completion to check that the lease registration process is underway. This proactive step helps avoid unexpected delays and ensures the application has been submitted to the Land Registry. If there are issues, the solicitor can provide updates or take necessary action.
Can my solicitor expedite the registration process?
Yes. In cases where delays could cause significant issues, a solicitor can request expedited processing from HM Land Registry. If approved, the application is typically completed within 10 working days. Source: www.gov.uk/government/publications/expedited-applications
Is the landlord responsible for lease registration?
No. The landlord’s role is to grant the lease, but it is the buyer’s solicitor’s duty to ensure registration. The landlord does not control the registration process.
What should I do if my lease hasn’t been registered?
You should:
- Contact your solicitor immediately and ask for proof of submission to the Land Registry.
- If your solicitor has not yet submitted it, they must do so as soon as possible.
- If the application is delayed at the Land Registry, your solicitor can request an expedited process in urgent cases.