| Questions related to confirmation of identity When will I be required to confirm identity when lodging an application?
Forms AP1, DS2 and FR1 have been amended by the Land Registration (Amendment) Rules 2008 to include ‘confirmation of identity’ panels. These panels must be completed (and evidence of identity lodged when required) whenever you apply to register one of the following transactions on or after 10 November 2008 and the true value of the land is more than £5,000.
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Transfers (whether or not for value).
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Transfers and deeds relating to the appointment and retirement of trustees.
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Leases (whether or not for value).
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Charges which are being registered.
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Surrenders of leases.
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Discharges in paper form DS1.
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Release in form DS3.
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Applications for compulsory first registration where the deed inducing registration is dated on or after 10 November 2008.
The panels must also be completed on most applications for first registration where the title deeds have been lost or destroyed.
Where any party is unrepresented, you must either confirm that you have satisfied yourself as to their identity or enclose evidence in form ID1 or ID2.
What will happen if I don’t provide the necessary information?
Land Registry will reject all applications where the panels are not completed, or identity evidence is not lodged, when required.
Why have these changes been introduced?
The changes have been introduced to act as a reminder that when registering transfers, discharges, charges, leases and other dispositions of land, Land Registry relies on the steps that conveyancers take, where appropriate, to verify the identity of their clients, and that these checks reduce the risk of property fraud.
We are not seeking to pass on the responsibility for identity fraud or for indemnity to the conveyancer. We already rely on conveyancers taking appropriate care to check identities; the proposed changes are intended to remind them of this and that the integrity of the system is threatened by property fraud.
Which option in panel 12 (AP1) should a high street lender use?
We will presume, where an application is lodged direct by a bank, that it has been lodged by a conveyancer. The bank should complete the first box, ie that it is a ‘conveyancer’ for the purpose of completing our form. If it is not prepared to do so, it must complete the second box and then complete panel 14 (of AP1).
I am a conveyancer lodging applications for a high street lender. Are ID forms required for the lender?
Many lenders have in-house conveyancers and if you are dealing with a lender’s in-house conveyancer, you should add their details to part (1) of panel 13 in form AP1.
If the lender is not acting through its in-house conveyancer or is not otherwise represented by an independent conveyancer, you should ask yourself: “Am I confident that I am in fact dealing with the lender?” If you are, you should be able to complete the first option in panel 13(2), that is, that you are satisfied that sufficient steps have been taken to verify the identity of the lender. If you are not prepared to complete this option you should ask the lender for ID evidence in form ID2. Panel 13(2) in form AP1 refers to a conveyancer having taken ‘sufficient steps’ to verify the identity of unrepresented parties. Please confirm what constitutes ‘sufficient steps’. Our client is a high street bank which carries out its own money-laundering checks. If we are satisfied that its money-laundering checks have been undertaken, can we rely on this and confirm that ‘sufficient steps’ have been taken?
We cannot advise on this. It is for the bank to satisfy itself as to the identity of its customer. If it is satisfied that its money-laundering checks are sufficient for this purpose it should consider completing the first option in panel 13(2).
The second statement in panel 13(2) of AP1 provides for a conveyancer to enclose evidence of identity. Please confirm what constitutes evidence of identity for the purpose of this panel. For example, would a certified copy of a passport be acceptable or would we be expected to confirm that the passport holder is the person who actually executes the transfer, lease or charge?
The evidence must always be in form ID1 or ID2.
Panel 14 is to be used where the application is sent to Land Registry by someone who is not a conveyancer. Panel 14(1) asks for details of the conveyancer acting. As the application is being sent by someone who is not a conveyancer, please clarify which conveyancer is being referred to.
This might cover, for example, a situation where a buyer who is not legally represented lodges an application where the seller is represented. The conveyancer in this instance will be the seller’s conveyancer and should be named in panel 14(1).
How can I find out more about confirmation of identity?
We have two guides that explain when and how the panels must be completed. If you are a conveyancer, please see Practice Guide 67 – Evidence of identity – conveyancers; if you are not a conveyancer, please see Public Guide 20 – Evidence of identity –non-conveyancers.
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