Fees

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Last updated: Apr 01, 2021 by RPT Admin (Unlicensed)
7 min read

General

Under section 22(1)(e), it is a general application condition that the fee for an application for registration of a deed or an application for voluntary registration must be paid or that arrangements satisfactory to the Keeper must be made for payment of the fee. Where application is made for an advance notice, section 57(3) requires that the fee is paid or that arrangements satisfactory to the Keeper must be made for payment of the fee.

These conditions mean that in practice an application for registration of a deed, for voluntary registration or for an advance notice, must be accompanied by a cheque or cash payment of the fee or the applicant or their agent must have made arrangements to pay by direct debit.

Information about the calculation of the correct fees for the most common registrable deeds is contained in the examples below.

Useful Links

Rejection Policy and Procedures

Registers of Scotland (Fees) Order 2014

Registrable Deeds, Deed Codes, Amending Deed Types, Fees and eFin Categories

Example Fees

Disposition, notice of title and voluntary registration

Table of fees

Other registrable deeds and applications

Disposition for monetary consideration (eFin Cat A)
  • Fee charged is as specified in the table of fees for consideration specified in the deed or the value, if greater. Usually the value on which the fee is calculated is as certified on the application form, (but see below for further information on fees being charged on value)
  • Consideration includes any VAT - If consideration narrated as £X plus £Y VAT, fee is charged on the total including VAT
  • Additional £80 fee if sasine recording required or if affects another registered title (other than a shared plot title sheet). See also below at Dual Registration.
Disposition for no monetary consideration (eFin Cat A)

  • Applies to dispositions stated to be "for love, favour and affection" or "no consideration"'

  • Fee charged is as specified in table of fees for the value of the property conveyed as certified on the application form. Usually the value on which the fee is calculated is as the value certified on the application form, but see below for further information on fees being charged on value.

  • Additional £80 fee if sasine recording required or if affects another registered title (other than a shared plot title sheet).
Disposition evacuating a survivorship destination (over unregistered subjects only) (eFin Cat A)
  • Applies to dispositions for the sole purpose of evacuating a survivorship destination. 
  • Fee charged is as specified in table of fees for the value of the property as certified on the application form. Usually the value on which the fee is calculated is the value as certified on the application form, but see below for further information on fees being charged on value.
Disposition evacuating a survivorship destination (over registered subjects only) (eFin Cat B)
  • Applies to dispositions for the sole purpose of evacuating a survivorship destination, where the name and designation of the proprietor in the proprietorship section remains the same.
  • £80 per title sheet affected.
Application for voluntary registration (eFin Cat C)
  • There will be no new disposition or other conveyance inducing registration.
  • The appropriate fee is charged based on table of fees for voluntary registration (25% discount) using value of the property certified on the application form. Usually the value on which the fee is calculated is the value as certified on the application form, but see below for further information on fees being charged on value.
  • Where a voluntary registration application is submitted as a result of an application to register a standard security on or after 1 April 2016, a nil fee will apply for the voluntary registration provided that (1) The voluntary registration application must be submitted on the same date as the application to register the standard security, and (2) The voluntary registration must be for the whole of the unregistered plot of land over which the standard security is being granted (note that where the standard security is also granted over additional registered title, the nil fee still applies).
Notice of title (eFin Cat A)
  • Fee charged is as specified in table of fees for the value of the property to which the notice relates as certified on the application form. Usually the value on which the fee is calculated is the value as certified on the application form, but see below for further information on fees being charged on value.

Consideration/Value (£)

Fee (£)xxx

Voluntary Registration

Fee (£)

Not exceeding 50,0008060
Not exceeding 100,000140110
Not exceeding 150,000260200
Not exceeding 200,000400300
Not exceeding 300,000530400
Not exceeding 500,000660500
Not exceeding 700,000800600
Not exceeding 1,000,000930700
Not exceeding 2,000,0001,100830
Not exceeding 3,000,0003,3002,480
Not exceeding 5,000,0005,5004,130
Exceeds 5,000,0008,2506,190
Dual registration
  • Where an application for registration of a deed involves dual registration for constitution of real burdens or servitudes, an additional £80 is chargeable for each title sheet to which the deed relates.
  • There is no need for a second application form (unless Sasine recording is necessary)- if the correct fee is not shown on the application form (usually where the deed is a transfer of part of a registered title where the burdens/servitudes must also be entered on the parent title sheet) provided direct debit is used, then the correct fee should be charged/taken. If a cheque of insufficient value is submitted, then it will be necessary to reject the application.
Grant of lease (eFin Cat A)
  • The fee is charged as specified in the table of fees based on the addition of the premium/consideration stated in the grant plus 10 times the relevant rent (the highest rent payable in the first 10 years of the term)
  • Where no relevant rent is quantifiable, the applicant will be required to estimate the same in the application form and this is to be used as the relevant rent
  • Remember not to exclude VAT from these totals if VAT is clearly payable from the deed.
Assignation of lease (eFin Cat A)
  • The fee is charged as specified in the table of fees based on the addition of the premium/consideration stated in the grant plus 10 times the relevant rent payable under the lease at the date of the application
  • Where no relevant rent is quantifiable, the applicant will be required to estimate the same in the application form and this is to be used as the relevant rent
  • Remember not to exclude VAT from these totals if VAT is clearly payable from the deed.
Standard security, discharge of heritable security or deed of restriction (eFin Cat B)
  • £80 per title sheet affected
  • Additional £80 fee if sasine recording required.
Notice of potential liability for costs (eFin Cat B)
  • £80 per title sheet affected
  • Additional £80 fee if sasine recording required.
Notice of grant or loan (eFin Cat B)
  • £80 per title sheet affected
  • Additional £80 fee if sasine recording required.
Charging orders (eFin Cat B)
  • £80 per title sheet affected
  • Additional £80 fee if sasine recording required.
Advance notice or discharge of advance notice (eFin Cat C)
  • £20 per advance notice or discharge (irrespective of number of registered titles)
Application for variation of warranty under s76(2) (eFin Cat B)
  • £80
Application for caveat or other application related to caveat (eFin Cat B)
  •  £80
Rejection and withdrawal fee
  • Nil

Where fee charged on value not consideration

This guidance page confirms that, in general terms, where fee is charged on value (e.g. in an application for voluntary registration or disposition for no monetary consideration or disposition where value is higher than consideration), it is charged on the value as certified on the application for registration form. For voluntary registration applications received on or after 30 June 2015, a 25% reduction in registration fees will apply.

There is an exception where other information in the application suggests that the consideration or value certified as the basis for the fee calculation on the form is incorrect. For example, if the application form indicates that the consideration for a disposition was £50,000, but the disposition states that the consideration was discounted from a value of £120,000, then the registration officer should calculate the correct fee chargeable based on £120,000, as the value of the property is higher than the consideration paid. This may mean that the application requires to be rejected if the fee tendered is insufficient.

The application itself must contain a clear contradiction of the consideration/value of the property on which the applicant has calculated their fee for there to be an issue. This means that only the information contained in the relevant application for registration should be considered when assessing whether the fee tendered is sufficient - the officer should not use information in a different application for registration e.g. the information in an application for a standard security when assessing the fee tendered for an application for a disposition. If an officer is uncertain whether there is sufficient information to justify ignoring the application form certification when calculating the correct fee, a referral should be made.


Guidance

If the application is for registration of a deed or voluntary registration and correct fee is not tendered with the application and the applicant or their agent is not paying via the direct debit scheme, the application for registration must be rejected. The applicant has not fulfilled the general application condition stipulated in section 22(1)(e) of the 2012 Act.

If the application is for voluntary registration, but the application form does not certify the value of the property, it is not possible calculate the correct registration fee or ascertain if the payment tendered by cheque is satisfactory, the application must be rejected. The applicant has not fulfilled the general application condition stipulated at section 22(1)(e) of the 2012 Act.

If the application is for an advance notice and the correct fee is not tendered with the application and the applicant or their agent is not paying via the direct debit scheme, the application for an advance notice must be rejected. The applicant has not fulfilled the payment condition stipulated at section 57(3) of the 2012 Act.

Where the fee is to be charged on value, an application should not automatically be rejected on the basis that an approximate value has been stated on the form. For example, if the value is stated on the form to be "in excess of £5,000,000", or is stated to be "in the range £200,001 - £300,000" or "between £225,000 and £275,000", this is acceptable. In these examples there is sufficient information to calculate the correct fee without an exact figure being provided. This type of approximation is most likely to be used in voluntary registration applications.

However, if the value is stated to be "in excess of" a figure lower than £5,000,000, or is stated to range between two or more fee categories in the table of fees, or where a different style of approximation is used, the application should be referred to a referral officer, as it may not be possible to calculate the fee based on the table of fees.


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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