Check for SDLT
Examples
Cases where SDLT certificate must be submitted
Unusual cases - where it may be unclear if SDLT evidence is required
- A disposition where the consideration is £40,000 or more
- A contract of excambion where there is consideration of £40,000 or more, or where the property for which the property in the application is exchanged is valued on the application form at £40,000 or more (a certificate is required per application)
- An assignation of lease where the premium is £40,000 or more
- A grant of lease where there the premium is £40,000 or more from tenant to landlord (not landlord to tenant)
- A grant of lease where the annual rent is £1000 or more or where the application form estimates rent of more than £1000 per annum
- A renunciation of lease where a premium is paid of £40,000 or more from landlord to tenant (not tenant to landlord)
- A deed relating to residential land, either creating a servitude right, a pre-emption or a liferent or a deed discharging,waiving or varying such a right or encumbrance where there is a consideration of £125,000 or more
- A deed relating to non-residential or mixed use land, either creating a servitude right, a pre-emption or a liferent or a deed discharging, waiving or varying such a right or encumbrance where there is a consideration of £150,000 or more
There are many registrable deeds which do not fall within the SDLT regime.
- Notice of title
- General vesting declaration
- Disposition where deed or application appears to disclose a sub-sale
Contents of the SDLT 5 Certificate or a Submission Receipt and Electronic SDLT5
The details in the certificate submitted should be compared with the details of the parties to the registrable deed and the description of the subjects affected. If they relate to each other, proceed with the application as normal. If the description of the subjects differs, this may be because the certificate (which will be a Submission Receipt or Electronic SDLT5) relates to a transaction with more than one property, but the certificate can only disclose one property. If it is an SDLT5 certificate it should have a schedule listing all the affected properties, proceed if your property is listed on that schedule.
Guidance
If the registrable deed is on the list of types of deed in Examples where SDLT certificate must be submitted, but no certificate is enclosed, but it is clear that the effective date of the land transaction is prior to 1 April 2015 the application must be rejected as the applicant has failed to meet the requirement of section 22(1)(c). |
If the registrable deed is one of the list where a certificate must be submitted, but the certificate differs in respect of the parties to the transaction, the application must be rejected as the certificate submitted does not relate to the registrable deed and the applicant has failed to meet the requirement of section 22(1)(c). |
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.
Using this website requires you to accept cookies. More information on cookies.
Feedback