Digital Submissions - Plans

Intake to the Land Register was historically a paper process, with physical submission of deeds and plans, however this changed following the Coronavirus outbreak in March 2020. The Coronavirus (Scotland) Act 2020 amended Section 21 of the 2012 Act for the duration of the Act,  such that.  

submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration” 

This allowed applications to be submitted electronically, and this included digital copies of the deed plans. The Coronavirus (Scotland) Act 2020 came to an end on 30th September 2022, however these provisions are now permanent by way of The Registers of Scotland (Digital Registration, etc.) Regulations 2022. 

While electronic submission of a digital copy of the deed plan (PDF format) is now normal practice, RoS deed plan criteria still applies and therefore the extent of the subjects and other references must still be capable of being identified and accurately plotted onto the cadastral map, per Section 23 (1) (c) and (d) of the 2012 Act. If the plan does not meet the criteria it would still fall for rejection if application is within the SLA.

Where technical issues relating to the digital submission of plans that form part of an application are identified after the application has been taken on, registration staff will, as a first port of call, contact solicitors to attempt to resolve the issue as part of the current application. Rejection will only occur where the issue in question is legally fatal, or where solicitors fail to respond to requisitions. Any issues identified at Intake should follow normal intake procedures.


Digital Copy Plans Issues 

Due to the bespoke nature of conveyancing (size of the subjects being disponed, varied number and type of registerable rights), and the limitations that may exist to accurately copy, scan and upload these to the application, issues regarding some digital plans may arise which need consideration. 

While Scenarios 2 to 4 cover the most common issues identified with the digital submission of large plans, if a plan does not quite fit these scenarios or has another issue not documented in this guidance, discuss with referral officer. 


Scenario 1 - The application form and/or DIR refers to a plan for the extent of the subjects, but this is not with the digital submission. 

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Question: Should the application be referred for rejection? 

Answer: We will give the agent the benefit of the doubt that they have inadvertently forgotten to submit the signed and docquetted plan, and give them the opportunity to submit this to prevent the application being rejected. If this is the case it should be easy for them to supply this, and therefore we will allow a maximum of 5 working days for this to be submitted, and no more or the application will fall for rejection. We would suggest something along the lines of 

   "I note that the Application Form / Disposition in favour of the applicant(s) refers to a plan annexed for the extent of the subjects being registered, however this has not been submitted with the application. In this instance, the keeper will allow 5 working days from the date of this email for submission of said signed and docquetted plan to prevent the rejection of this application. If this is not submitted within 5 days the application will fall for rejection in terms of Section 23 (1) (c) of the Land Registration etc. Scotland Act 2012. 

Note: No extension of the timescale will be provided by the Keeper. Failure to produce the plan within 5 working days of the request will automatically result in the rejection of the application for registration."

Question: What if the agent asks for an extension?

Answer: the 5-day requisition is intended to be a ”one-off offer” to the agent to fix an obvious situation where they have just forgotten to submit the plan with the application and is on the basis that the missing item is readily available and can be submitted quickly to avoid the need to reject the application. If the plan is not available, rejection will proceed and a new application will be required.

  "Thank you for your email.  Please note my email of [insert date of original requisition email] provided an additional period of 5 working days from the date noted for you to fulfil the requisition set out therein to avoid the need to reject the application.  This period was granted on the basis that the requested items(s) had been omitted from the original application in error and would be available for submission.  If the requested item(s) are not submitted within the 5 working day period the application will fall to be rejected in terms of Section 23(1)(c) of the Land Registration etc. (Scotland) Act 2012.  No extension to the 5 day limit can be offered."


Scenario 2 - A copy of the whole of the signed plan is submitted with the application preserving a reasonable level of detail, but with a distortion to the scale.  

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Question 1: Will this plan be acceptable for registration, provided that there is a bar scale? 

Answer: Yes, provided that the plan contains sufficient surrounding detail to enable all plans references to be accurately identified and plotted. 


Question 2:  Will this plan be acceptable for registration provided that the application provides the original pdf file copy of the plan circulated for execution by the granters? 

Answer: Yes, this is a preferred approach. The agent should have satisfied themselves that the two plans are identical and should note on the form that a pdf copy of the plan has been submitted in support of the application. Again, the pdf plan would also need to show sufficient information (such as surrounding detail), to allow the plot to be accurately mapped. 


Question 3: Will the Keeper accept this plan for registration, provided that a shape file, or other approved digital data format of the plan with equivalent details is provided? 

Answer: Yes, this is a preferred approach. The deed plan should still meet RoS published deed plan criteria, to allow plans staff to carry out an accurate comparison of the two spatial extents, and as per previous answer, we would expect the submitting agent to be satisfied that the deed plan and spatial data relate to the same extents.  


Question 4: Will this plan be acceptable for registration, provided that the area and plan are linked to a Plans Report which confirmed that the plan was suitable for registration, or a Plans Assistance Service prepared plan? 

 Answer: Yes, if the same plan had been used for a plans report or PAS prepared plan, and provided that any issues raised in the report have been resolved prior to the application being submitted. This should be indicated on the application form. 


Scenario 3 - A copy the whole of the signed plan is submitted with the application, but there is a distortion to the scale, and also a reasonable level of detail is not visible. 

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Question 1: Will this plan be acceptable for registration, provided that the application provides a copy of the original pdf file circulated for execution by the granters? 

Answer: Yes, as per previous answers, provided there is sufficient detail contained within the application to allow the plot to be identified and plotted. We would expect that the submitting agent is satisfied that the original pdf file represents the same extent shown on the digital copy deed plan. 


Question 2: Will this plan be acceptable for registration, provided that a shape file, or other approved digital data format of the plan with equivalent details is provided? 

Answer: Yes, this is a preferred approach. The deed plan should still meet RoS published deed plan criteria, to allow plans staff to carry out an accurate comparison of the two spatial extents, and as per previous answer, we would expect the submitting agent to be satisfied that the deed plan and spatial data relate to the same extents. 


Question 3: Will this plan be acceptable for registration, provided that the area and plan are linked to a Plans Report which confirmed that the plan was suitable for registration, or a Plans Assistance Prepared plan?  

Answer: Yes, if the same plan had been used for a Plans Report or PAS prepared plan, and provided that any issues raised in the report have been resolved prior to the application being submitted. This should be indicated on the application form. 


Scenario 4 - The digital copy of the plan submitted with the application is not a copy of the whole signed plan. 

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Question 1: Will this plan be acceptable for registration if the copy plan comprises the part of the plan signed by the granter(s) and the application includes the original pdf file circulated for execution by the granter(s)?  

Answer: Yes, provided that; 

(a) the submitting agent is satisfied that the part of the plan submitted relates to the deed plan, and that the pdf file replicates the deed plan, and 

(b) the pdf file contains sufficient information to enable the subjects to be identified and accurately plotted onto the cadastral map.


Question 2: Will this plan be acceptable for registration if a copy of the part of the plan signed by the granter(s) and a copy of a shape file or other approved digital data format of the plan with equivalent details is provided? 

Answer: Yes, this is a preferred approach. We would expect the submitting agent to be satisfied that the deed plan and spatial data relate to the same extents. In addition, it would also be useful to see a copy of the whole plan (at a reduced scale) to allow comparison between the whole deed plan and the spatial data. See Question 4. 


Question 3: Will this plan be acceptable for registration if the copy of the part of the plan signed by the granter(s) and the application referenced a Plans Report that confirmed that the plan was suitable for registration, or a Plan Assistance prepared plan? 

Answer:  Yes, if the same plan had been used for a Plans Report or prepared by Plan Assistance Service, and provided that any issues raised in the report have been resolved prior to the application being submitted. 


Question 4: Will the Keeper in any event require a copy of the whole plan, even if taken as a photograph from a height or an oblique angle?  

Answer:  Yes, in the situations where either (a) spatial data is being submitted, or (b) only part of the deed plan is submitted to evidence signing, we will require sight of either the whole deed plan (which can be at a reduced scale) or the original pdf plan circulated for signing to allow for comparison. 


Question 5: Will the Keeper require that the section(s) of the plan being copied includes both the signatures and the drawing number/reference? 

Answer: The section of the plan with the signatures is required, however drawing references are helpful but not necessary. 


Question 6: Will the Keeper accept sectional copies of the whole of the signed plan (for example, a series of pdfs, each of a section of the plan, together making up the whole of the plan (similar to the way some title plans are produced for large areas))? 

Answer: Yes. We would expect that the submitting agent is satisfied that the sectional plan submitted represents the whole deed plan. Where this approach is taken, it would be useful to note this on the application form (for example, "The deed plan comprises 10 pages").

Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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