ID Form - Applications not Submitted by a Solicitor/ Licensed Conveyancer

General

It is a general application condition in terms of s.22(1)(a) of the 2012 Act that the Keeper is able to comply, in respect of an application, with the duties she has under Part 1 of the Act in compiling the content of the Land Register. It is also a condition of registration that the registrable deed submitted is valid in terms of s.23(1)(b) of the Act for a notice of title or disposition inducing first registration, s.25(1)(a) for automatic plot registration, and s.26(1)(a) for registrable deeds submitted as dealings or transfers of part.

It is not a legal requirement that an application for registration must be submitted by a firm of solicitors or by a licensed conveyancer. An applicant can personally submit the application or submit it through a non-qualified person. However, applications submitted otherwise than by a firm of solicitors or a licensed conveyancer have been identified as posing a higher risk of fraud as the checks that a solicitor or licensed conveyancer would normally carry out when acting for a client will not have been done.

Useful links

Application Form Check

Additional requirement for ID form

Where a non-legally qualified person submits an application for registration, there is an additional requirement for an ID form to be fulfilled when the application is submitted. If no completed ID Form is submitted with an application, the application for registration must be rejected.

Where a non-legally qualified person is submitting an application on behalf of another person, a completed ID form is required for both the person submitting the application and the applicant.

For the avoidance of doubt, the ID form itself should be scanned, but any personal documents submitted in support of the ID form should not be scanned.

Personal documents which may be submitted with the ID form should not be added to the archive record or the business record.

Referral of applications submitted by individuals

Referral of applications processed under FAS8888 (formerly known as “personal presentments”)

All FAS8888 applications must be referred to the Legal Services Fraud Prevention Officer before being registered. This includes re-presented applications previously rejected and which were previously referred to the Fraud Prevention Officer.

All applications should go through the usual intake checks and be created in the application record, including if necessary the Plans Ident and PI checks, before being referred to Legal Services.