HM Land Registry: Complying with a restriction updates

From 1 April 2020, the recent Government update to the Practice Guide 19 section 3.1.1 will take effect: Complying with a restriction.

This states:

“A consent must state it is given to registration of the disposition, rather than simply consenting to the disposition itself.”

When requesting consent from the party named in the restriction, customers will need to make it clear that they require consent to registration. And third parties giving consent must state they give consent to registration.

Restrictions in the register make it clear when the powers of the proprietor are limited, or a prior condition must be met before a disposition can be registered. Consenting to registration, rather than the disposition itself will ensure the requirements of the Land Registration Act 2002 are met.

We understand that customers get consents to registration from third parties, and so we are giving customers 12-months’ notice to embed this practice. From April 2020, applications with incorrectly worded consents will receive an application enquiry (requisition). We have updated Practice Guide 19 to clarify our requirements.

For more information, see Practice Guide 19 – notices, restrictions and protection of third-party interests.

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