Technical issues raised over shift to digital signatures
The Society of Licensed Conveyancers (SLC) has given its backing to the use of digital signatures for executing legal documents in the conveyancing process but has warned of some outstanding issues.
A position paper from the professional body wanted that the current legal position under the Land Registration Act 2002 and its supporting digital registration framework is “impractical in its application to the execution of the TR1 transfer deed.”
It highlights that the requirement that both the seller and buyer must sign the same counterpart of the TR1 does not reflect the realities of modern digital workflows or the operational structures of many conveyancing practices.
The paper said:
“In residential conveyancing, the practical difficulties are even more pronounced. Conveyancers acting for one party do not have access to the other party’s email address or mobile number, and to require this would introduce significant and unnecessary data protection (GDPR) risks.
“Further, if the other party experiences difficulty using the signing platform and their conveyancer is unfamiliar with it, there is no clear mechanism for support—raising concerns about the user experience and execution integrity. This stands in stark contrast to commercial conveyancing, where transactions often involve corporate entities with access to internal IT support and standardised digital processes.”
To facilitate a more practical and scalable approach in residential transactions, the SLC is calling for an amendment to the current position to explicitly allow the TR1 to be digitally signed by the buyer and seller separately, using independently executed and digitally signed counterparts.
The SLC said:
“This change would preserve the integrity of the document while aligning with established digital signing standards and offering greater flexibility for conveyancers and clients alike. We urge HM Land Registry and relevant stakeholders to consider this amendment as a priority to ensure that digital conveyancing can continue to progress in a practical, secure, and accessible manner for all parties.”
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