Guidance: completing form DS2
Updated 29 August 2023
Applies to England and Wales
© Crown copyright 2023
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/cancel-entries-relating-to-a-charge-registration-ds2/guidance-completing-form-ds2
1. Introduction
Land and buildings are usually the most valuable assets people own. They can be sold and mortgaged to raise money and can therefore be attractive targets for fraudsters. HM Land Registry, professional conveyancers and mortgage lenders all have safeguards to minimise the risk of a fraud being successful and this includes checking the identity of clients and parties involved in transactions affecting property.
HM Land Registry also needs to check the identity of parties involved in some types of property transactions where a conveyancer is not acting, to make sure that the application is not fraudulent.
Fraud notice
If, when there is a requirement to confirm identity or provide evidence of identity, you dishonestly provide information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both.
2. Confirmation of identity requirements
| Application | Person for whom confirmation of identity is required |
|---|---|
| Transfer of land or transfer of a mortgage (whether or not for money, also includes transfers to appoint or remove a trustee and assents by personal representatives | Transferor (seller), Transferee (buyer), any attorney acting for the seller or buyer |
| Lease (whether or not for money) | Landlord, Tenant, any attorney acting for the landlord or tenant |
| Surrender of a registered lease: application to close the leasehold title (includes surrenders by transfer and by operation of law) | Landlord, Tenant, any attorney acting for the landlord or tenant |
| Mortgage (charge): of registered land or of unregistered land on compulsory first registration | Lender (chargee), Borrower (chargor), any attorney acting for the lender or borrower |
| Discharge of mortgage in paper form DS1 or DS3 | Lender |
| Compulsory first registration explains when an application for first registration is compulsory) | Seller or landlord, Buyer or tenant, any attorney acting for the above |
| Voluntary first registration but only where the deeds have been lost and the applicant is not a conveyancer or a well-known corporate body who lost them themselves | Applicant for first registration as proprietor of the land, any attorney for the applicant |
| Change of name by deed poll, statutory declaration or statement of truth | Person changing their name |
| Change of address |
2.1 Exceptions
There are some exceptions, which are set out in full in practice guide 67: evidence of identity - conveyancers. The main exceptions affecting applications sent by non-conveyancers where we do not need confirmation of identity for some or all parties are:
- a lease or a charge which is merely being noted in the register
- voluntary applications for first registration unless the title deeds have been lost or destroyed.
We also do not require confirmation of identity for certain parties who already have to send us evidence of their appointment. This includes personal representatives (executors or administrators of a deceased person’s estate), trustees in bankruptcy, liquidators and Mental Health Act deputies (a full list is in practice guide 67: evidence of identity - conveyancers). This exemption applies both when they are parties to a deed, and when they are also sending the affected application to us themselves.
Please note though that confirmation of identity is still required for the beneficiary under an assent (except in the case where someone is assenting the property to themselves) or the transferee under a transfer, and also for any person lodging the application (unless they are the executor, trustee in bankruptcy etc as referred to in the above paragraph). This applies both in situations where the land is already registered and also where an application is being made for compulsory first registration. In addition to the above we also do not require confirmation of identity where the true value of the land involved in the disposal does not exceed £6,000.
2.2 What to do
If you are sending or bringing an application to us, please make sure you have all the right documents and evidence required for your type of application and everything has been completed correctly. You will then need to complete the application form required for your type of application and have the identity of any unrepresented person verified, where this is necessary.
- You must provide confirmation of identity for any of the parties or persons mentioned in the above table by completing the relevant panels in application form AP1, DS2 or FR1
- If any of the parties mentioned in the table are not legally represented, you will also need to provide evidence of identity. See Evidence of identity for the action to take
- if the application is being sent to HM Land Registry by someone who is not one of the parties or persons mentioned in the table, you will need to provide evidence of their identity
Deeds and documents sent to us with applications will be scanned and then destroyed whether they are originals or copies.
If you want to keep the original of a document you should not send it to us. Instead you should make a photocopy and then certify that this is a true copy of the original. This is done by simply writing “I certify that this is a true copy of the original” and signing at the top of page 1. You can send us copies of forms ID1 or ID2 but the person completing part B will still need to sign and date the photograph on the back and your certified copy will need to copy both sides of the photograph.
There is one exception. If your house is not registered, then you need to send any original documents in your possession, which we will return.
3. Confirmation of identity panels
Panel 8: Confirmation of identity
You must complete the second option and then go to panel 10.
Panel 10: Where the application is sent to HM Land Registry by someone who is not a conveyancer
(1) Details of conveyancer acting
If your application is one of those mentioned in the first column in the table in section 2 above, you must then complete the first part of panel 10 with the full names of the parties or persons referred to in the table you are sending to us, and state the details of any conveyancer who acted for them. If any of the parties are not legally represented write ‘None’ in the second column.
The second part of this panel only needs to be completed in cases where a discharge or release of a mortgage in paper form DS1 or DS3 is being lodged with the application. Completion is similar to the first part above.
(2) Evidence of identity
You must always complete this section.
You only need to cross the first box (‘for each applicant named in panel 5 is enclosed’) if the applicant shown in panel 5 of your form is different to any of the persons named in panel 10.
You must cross the second box (‘for each unrepresented transferor, etc’) if you have written ‘None’ in the second column in any of the above panels.
Panel 11: Signature
You must always complete this panel, even if you are not completing panel 10. Every person listed in panel 5 as applicant must sign. It is not sufficient for the person named in panel 6 (if different) to sign.