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The Land Registry has made allowances for conveyancer’s to lodge certified copies of deeds and documents when lodging a first registration application (Form FR1). Until now conveyancers could only lodge original deeds and documents with the form FR1. The change was detailed in a recent Land Registry direction.
From 28 November conveyancers have a choice of sending original deeds and documents or sending certified copies (providing they meet certain conditions – (see updated Practice Guide 1 for more details). In some instances, conveyancers may still need to lodge applications for first registration with original deeds and documents.
Each copy must be certified by a conveyancer.
A certified copy is a copy of a document that has been certified by a conveyancer as a true copy of the source document (including all memoranda), and endorsed with the conveyancer’s name and address, and date of the certification.
Each copy of any deed or document that accompanies the application must bear the appropriate certification from the three listed below, signed by a conveyancer and dated no more than three months before the application is made for the purposes of rule 15 of the Rules:-
If the quality of a copy deed is not acceptable, the Land Registry will raise a requisition for the original deeds to be lodged.
The application must be made up entirely of certified copy deeds and documents, if not the Land Registry will deem the application to fall outside of the new direction and they will raise a requisition for the original deeds to be lodged.
Conditions for lodging certified copy deeds and documents instead of originals
In order to help conveyancers with the new direction we have added a new form to the existing library of conveyancing forms within FormEvo. This new form includes the prescribed wording of the new certificate that must accompany First Registration Applications that lodge certified copies of deeds and documents.
This new certificate must be signed by an individual conveyancer, with their name printed underneath and not in name of the organisation. It must also contain their individual conveyancer number from the relevant regulatory authority.
This new certificate is mandatory and if it is not lodged with the FR1 application, the Land Registry say that the application will be considered to be substantially defective and may result in the application being cancelled or rejected.