Guidance

Practice guide 43: applications in connection with investigation or enforcement proceedings (court, insolvency, tax)

Updated 7 May 2024

Applies to England and Wales

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Overview

Details of the documents available from HM Land Registry pursuant to section 66 of the Land Registration Act 2002 are set out in practice guide 11: inspection and applications for official copies.

This guide deals with applications made by those persons qualifying under rule 140(1) of the Land Registration Rules 2003. It describes how those persons should apply for copies of documents and records held by HM Land Registry, and details the additional services available to them.

Rule 140 of the Land Registration Rules 2003 sets out the right of those persons qualifying under rule 140(1) of the Land Registration Rules 2003 to inspect and obtain copies of documents, or to make a search of the Index of Proprietors’ Names in connection with:

• criminal proceedings
• civil recovery
• insolvency
• tax liability
• other investigation or enforcement proceedings conducted under statutory powers and duties

Rule 133 of the Land Registration Rules 2003 confirms that applications made under rule 140 are excepted from the general right to inspect and make copies of any documents kept by the registrar in connection with an application.

A current list of the persons/bodies qualifying under rule 140(1) of the Land Registration Rules 2003 can be found in the Appendix to this guide.

1.1 Qualifying applicants

If a public authority has statutory powers of investigation and/or enforcement and needs to make applications under rule 140 of the Land Registration Rules 2003 (and is not already included in the Appendix), they can contact us using one of the email addresses listed in the Schedule to Notice 22: Applications in connection with investigation or enforcement proceedings (effective 12 October 2020). This is the notice issued by the registrar, as referred to in How to apply. We will ask for detailed information and then consider the request.

2. How to apply

Applications under rule 140 of the Land Registration Rules 2003 may be made in person at an office of HM Land Registry, or by post, or from a secure email address as provided by the notice issued by the registrar under rule 132 and Schedule 2 of the Land Registration Rules 2003. Please note that for security reasons we will only accept email applications sent to the addresses listed in the Schedule 2 notice. If you send an email using an insecure method you do so at your own risk. If you are part of government there is guidance on securing government email available on GOV.UK. To talk to us about establishing a secure network with us please get in touch.

Rule 140 applications using form CIT cannot be made through the HM Land Registry Business e-services portal.

If you wish to lodge applications electronically, such as for an official copy of the register, you can use our normal portal services but you may wish to consider applying for your customer account details with HM Land Registry to be altered to conceal your identity. These will not be applications under rule 140. Any customer who requires an anonymised account should submit a written application in their own name. This should be sent to:

Service Access Team
PO Box 560
Southfield House
Southfield Way
Durham
DH1 9LR

2.1 Urgent applications

We deal with any application made by an applicant qualifying under rule 140(1) of the Land Registration Rules 2003 as a matter of urgency, and will give a response as soon as possible, normally within 48 hours. We do understand that, because of the nature of the work undertaken, you may find you require information more urgently.

The urgency may be such that you wish us to supply you with information over the telephone. If you feel this may be necessary, please contact HM Land Registry and we will be happy to discuss your circumstances and how we can assist. It is difficult to envisage a circumstance in which we would provide information beyond the name and address of a registered proprietor by telephone.

Whatever form your application takes, you must still:

• complete and submit the appropriate application forms
• pay the necessary fee.

2.2 Use of correct form

If you want your application for copy documents to be excepted from the public right to inspect and make copies of it, you must use form CIT to make your request.

When making application by post or in person, staple, or otherwise permanently attach, form CIT to the additional application forms that you complete as part of your enquiry (see Information available from HM Land Registry).

2.3 Public inspection of application forms

Application forms for official copies of records or documents held by HM Land Registry are open to inspection unless they are excepted from that right under rule 133 of the Land Registration Rules 2003.

Form CIT, and any other form you attach to form CIT as part of your application, are not open to public inspection in this way.

This means that if you do not use form CIT to make your application, HM Land Registry is under a statutory obligation to issue copies of any application form lodged by you, or correspondence connected with it, in response to a request from any person (section 66 of the Land Registration Act 2002).

Also, under rule 140(3) of the Land Registration Rules 2003, the additional powers of inspection open to you under rule 140(2) of the Land Registration Rules 2003 are only available when you use form CIT. See General for more information regarding this.

Rule 140 applications attaching form CIT cannot be made by way of the HM Land Registry portal. The portal does allow applications to be made for copies of documents held by the registrar or official copies of a register, but these will not be rule 140 applications. A record of the application is retained which we might have to reveal if, say, a request is made for information about applications made against a particular registered title.

2.4 Issuing of results

Results of a search of the Index of Proprietor’s Names will be issued by encrypted email when an email address is provided in panel 3 of form PN1 unless requested otherwise. See our guidance on HM Land Registry email encryption for how to open and reply to an encrypted email from HM Land Registry.

Results of all other applications requested using form CIT will be issued through the post.

3. Information available from HM Land Registry

3.1 General

Rule 133 of the Land Registration Rules 2003 excepts some documents held by the registrar from the general right to inspect and make copies, given by section 66 of the Land Registration Act 2002. Excepted documents include form CIT applications, identity documents, investigation of crime documents, and exempt information documents. (Rule 136 of the Land Registration Rules 2003 allows applicants to request HM Land Registry to designate documents ‘exempt information’ documents on the grounds that they contain prejudicial information of a commercial or personal nature. If a document is so designated, only an edited copy of the document, excluding the prejudicial information, is normally available for inspection or copying.)

These exemptions do not apply when you are making an application for either inspection or official copies of documents under the provisions of rule 140 of the Land Registration Rules 2003, provided that you make your application using form CIT. We will then be able to provide you with a complete copy of the documents in our possession if they are requested.

3.2 Inspection of register, title plan and documents

If you wish to inspect the register, title plan or documents held by HM Land Registry, you should mark the first tick box in Part 1 of form CIT and complete form PIC.

You are advised to make an appointment for your visit to ensure that the files you wish to inspect are available on arrival.

You can find further information regarding the use and completion of form PIC in practice guide 11: inspection and applications for official copies.

3.3 Official copies of register and title plan

If you wish to get official copies of the register or title plan, you should mark the second tick box in Part 1 of form CIT and complete form OC1.

You can find further information regarding the use and completion of form OC1 in practice guide 11: inspection and applications for official copies.

3.4 Official copies of documents

If you wish to get official copies of documents held by HM Land Registry, you should mark the third tick box in Part 1 of form CIT and complete form OC2.

You can find further information regarding the use and completion of form OC2 in practice guide 11: inspection and applications for official copies.

3.5 Copies of historical editions of the register and title plan

If you wish to get copies of historical editions of the register or title plan, you should mark the fourth tick box in Part 1 of form CIT and complete form HC1.

You can find further information regarding the use and completion of form HC1 in practice guide 11: inspection and applications for official copies.

3.6 Search of the index map

If you wish to make a search of the index map, you should mark the fifth tick box in Part 1 of form CIT and complete form SIM.

You can find further information regarding the use and completion of form SIM in practice guide 10: index map: official searches.

If you do not require indemnity provisions in respect of an index map search you could consider using MapSearch. This service is available free of charge for Business e-services customers who have portal access and provides immediate search results.

3.7 Search of the index of relating franchises and manors

If you wish to make a search of the index of relating franchises and manors, you should mark the sixth tick box in Part 1 of form CIT and complete form SIF.

You can find further information regarding the use and completion of form SIF in practice guide 13: index of relating franchises and manors: official searches.

3.8 Search of the Index of Proprietors’ Names

If you only know the name of the person in respect of whom you are enquiring, you can make a search of the Index of Proprietors’ Names to establish what registered property they own.

If you require a search of the Index of Proprietors’ Names, you should mark the seventh tick box in Part 1 of form CIT and complete form PN1.

If you require a search of the Index of Proprietors’ Names and you want us to supply you with official copies of the register of all title numbers revealed, you should mark the eighth tick box in Part 1 of form CIT and complete form PN1.

4. Completion of certificates

The certificates in Part 2 of form CIT set out the various authorities under which you may make your application.

You must complete the appropriate certificate from those in Part 2 or we will not be able to process your application.

You must tick all necessary boxes and fill in all sections of the required certificate before submitting your application.

If you do not do so, we will be unable to provide you with the information you have requested.

Form CIT gives a list of all the certificates under which you can apply. If you are unsure as to which certificate you can give, see Appendix for guidance. If you have any further enquiries regarding which certificate applies to you, please contact the officer dealing with investigation or enforcement enquiries at the HM Land Registry office to which you will be applying.

You must also complete panel 4 on page 2 of the application form. The person giving the certificate must sign this section.

5. Admissibility of copies produced as evidence

We understand that it may be necessary to produce to a court copies of registers, title plans or documents that you have obtained from HM Land Registry.

5.1 Official copies

Section 67 of the Land Registration Act 2003 reads as follows:

‘67 Official copies of the registers etc

(1) An official copy of, or of a part of:

(a) the register of title,

(b) any document which is referred to in the register of title and kept by the registrar,

(c) any other document kept by the registrar which relates to an application to him, or

(d) the register of cautions against first registration, is admissible in evidence to the same extent as the original.

(2) A person who relies on an official copy in which there is a mistake is not liable for loss suffered by another by reason of the mistake’.

The effect of this section is that an official copy of any register, title plan or document that HM Land Registry provides is to be treated as admissible in evidence as if it was the original document.

If you consider that the production of the official copy in court may need to be supported by a witness statement or, in exceptional cases, the personal attendance of a member of our staff, please make initial contact with the Local Land Registrar at the relevant HM Land Registry office.

5.2 Production of original documents

For the above reasons, it will not be necessary to produce the original documents to you in the majority of cases, since an official copy thereof is admissible to the same extent as the original.

If, however, you do feel that you require the original document in our possession (for example for forensic investigation), rule 205 of the Land Registration Rules 2003 allows HM Land Registry to release an original document, where it is held in our files, on such terms as we think appropriate. Please be aware that many original documents may have been destroyed after scanning or returned to the applicant. Indeed, it is rare for HM Land Registry to receive original documents now, since most applications are made online by sending scanned certified copies of the documents.

Where necessary, you should apply in the form of a letter on headed notepaper, setting out:

• details of the document you require
• the purpose for which you require it
• why an official copy of the document would not be sufficient
• how long you expect to hold the document before returning it to us

5.3 Section 14 of the Police and Criminal Evidence Act 1984

The registrar considers that the information held by HM Land Registry will be ‘special procedure material’ within the meaning of section 14 of the Police and Criminal Evidence Act 1984.

However, it is also the registrar’s view that, because of the provisions of sections 66 and 67 of the Land Registration Act 2003 as to the information held or documents which can be produced, the information can be provided without recourse to the powers conferred under section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984.

6. Freedom of Information Act 2000

Applications made under rule 140 of the Land Registration Rules 2003 using form CIT, together with all documents created by HM Land Registry when dealing with such applications, will generally be exempted from the Freedom of Information Act 2000 by virtue of section 31 of that Act. Although exempt, the Freedom of Information Act 2000 still confers a discretion on whether information should be released, but this is likely to be exercised only rarely in favour of the applicant.

7. Fees

There is a fee for providing the services listed in Information available from HM Land Registry. Details of our fees are set out in the current Land Registration Fee Order, see HM Land Registry: Information Services fees.

8. Appendix: the current list of persons/bodies qualifying under rule 140(1) of the Land Registration Rules 2003

Applicant	Appropriate certificate(s)
An accredited financial investigator falling within section 378(1)(b) of the Proceeds of Crime Act 2002	H
An accredited financial investigator falling within section 378(4)(a) of the Proceeds of Crime Act 2002	N
An administrator appointed for the purposes of the Insolvency Act 1986	K
An administrator appointed under section 13 of the Criminal Justice (Scotland) Act 1987	J
An authorised person within the meaning of section 108(15) of the Environment Act 1995	P
A person authorised to apply on behalf of the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority)	Q
An officer of the Charity Commission or a person appointed by the Commission to conduct an inquiry under Part 5 of the Charities Act 2011	S
A Chief Officer of Police or a police officer authorised to apply on behalf of a Chief Officer	A, B, C, D, E, G
A person authorised to apply by the Commissioners for HM Revenue & Customs and having the consent of the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal to make the application	L
A constable	H, N
The Director of Public Prosecutions or a member of the Crown Prosecution Service authorised to apply on behalf of the Director	A, B, C, D, E, H, I
A Head of Department in the Enforcement and Financial Crime Division of the Financial Conduct Authority or a member of staff of the Financial Conduct Authority authorised to apply on behalf of a Head of Department	B, I, Q
A fire inspector or other person authorised by the Secretary of State, or an officer of a fire and rescue authority authorised to apply by such inspector under the Regulatory Reform (Fire Safety) Order 2005	R
An officer or non-commissioned officer within the Force Intelligence & Investigation Unit, Specialist Operations Regiment Royal Military Police	A
The Head of Regulatory Action in the Prudential Regulation Authority or a member of staff of the Prudential Regulation Authority authorised to apply on behalf of the Head of Regulatory Action	Q
An inspector appointed by the Secretary of State under section 15 of the Child Support Act 1991	V
A Liquidator appointed for the purposes of the Insolvency Act 1986	K
An officer of a local housing authority as defined in section 261 of the Housing Act 2004 authorised to apply on behalf of the local housing authority	U
A Chief Executive of a local authority as defined in section 62 of the Animal Welfare Act 2006 or a member of staff of the local authority authorised to apply on behalf of the Chief Executive in relation to the Animal Welfare Act 2006	T
The Lord Advocate or a person conducting a prosecution in Scotland on behalf of the Lord Advocate	C, D, H, N
The Director General of the National Crime Agency or a National Crime Agency officer authorised to apply on behalf of the Director General	H, I, M, O
An authorised officer of the National Health Service Counter Fraud Authority	A
An officer of HM Revenue & Customs	A, B, C, D, E, H, I, N
The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland	K
An Official Receiver for the purposes of the Insolvency Act 1986	K
A Receiver appointed under the Criminal Justice Act 1988, the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002	J
The Scottish Ministers or a person named by them	I
A person authorised by the Secretary of State for Business and Trade	A, B, E
A person authorised to apply by the Secretary of State for Health and Social Care	A
A person authorised by the Secretary of State for Work and Pensions	A, B
The Director General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director General	F
The Director of the Serious Fraud Office or a member of the Serious Fraud Office authorised to apply on behalf of the Director	A, B, E, H, I, N
A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland	K
The Director General of UK Visas and Immigration or an immigration officer authorised to apply on behalf of the Director General	H, N

9. Things to remember

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.