HM Land Registry: Update on complying with a restriction

In March 2019, we told you that in complying with a restriction we would only accept consents that state ‘consent is given to registration of the disposition’ from April 2020.

We said consents that ‘consent to the disposition only’ would not be accepted from that date. Section 3.1.1 of our practice guide 19 was updated, and we issued several reminders about this change.

Following feedback about the full implications of our decision from some customers and stakeholders, we have looked at this again.

We still think the right form of consent is to registration.

In addition, the best form of consent will:

• be addressed to the registrar
• specifically identify the dispositions
• identify the restriction

We have decided we will not send a request for information (requisition) from April if consents are to the disposition. In these situations, we will interpret consents to registrable dispositions as including consent to their registration. We will keep this under review.

We are aware some customers have already taken steps to introduce the right form of wording as a result of our advice. We thank those customers and encourage all customers to do the same.

We want to align our process and requirements more closely with yours, to make it easier and more consistent for both of us. To help achieve this we are considering how our processes might provide a standard approach to providing consents.

We will share more information about this as soon as we can.

Kindly shared by HM Land Registry