Renewal of Notice of Potential Liability for Costs

General

The effect of a Notice of Potential Liability for Costs expires three years after its date of recording/registration. It can, however, be renewed by being re-registered before the expiry of that period.

Check carefully whether the deed submitted is the original Notice or a new deed.

Original deed resubmitted within 3 years

Where the original deed is re-submitted for registration within the 3 year period retain the original entry and add a note to that entry in the following style:

Note: The above Notice was renewed by re-registration on dd mmm yyyy.

Original deed resubmitted outwith 3 years

Where the original deed is re-submitted for registration after the initial 3 year period has expired, remove the existing entry. You should treat the re-submitted deed as if it is a registration of a new Notice. (It is not for the Keeper to investigate whether the local authority has served appropriate notice on the proprietor).

New deed submitted within 3 years

When a new deed is submitted within the 3 year period, do not assume that it is to give effect to a renewal. Accordingly, add a new entry to the title sheet and retain the existing entry.

New deed submitted outwith 3 years

When a new deed is submitted outwith the 3 year period of an existing entry, remove the existing entry.

Any variation on the above should be referred through usual channels for guidance.