Guidance

Conditions of use: the portal and Business Gateway

Updated 9 November 2020

Applies to England and Wales

1. Definitions

1.1 The following terms shall have the following meanings:

1.1.1 ‘Act’ – the Land Registration Act 2002.

1.1.2 ‘Authorised machine’ - computer or software in Your Equipment and Software that has been configured to use the Services through Business Gateway and to which a User ID has been allocated.

1.1.3 ‘Authorised person’ – a person who has been authorised by You to use the Services through Your Equipment and Software.

1.1.4 ‘Business Gateway’ – HM Land Registry’s XML machine to machine interface linking You to the Services.

1.1.5 ‘Business Gateway connection’ – Your connection to the Business Gateway using a mutual certificate-based SSL (Secure Sockets Layer) security protocol.

1.1.6 ‘Conditions of Use’ – the terms and conditions set out here.

1.1.7 ‘Data’ – the data and information used in connection with the Services and held as part of the Database (including data added to the Database by using the Services).

1.1.8 ‘Database’ – the Registrar’s database on which is stored the Data, together with other data which You are not entitled to access.

1.1.9 ‘Equipment and Software’ – the equipment and software which You are required to have in order to access the Services and which is capable of communicating with the System.

1.1.10 ‘Fees and charges’ – fees due under the Land Registration Fee Order or the Land Charges Fees Rules (in both cases current at the date of the request for the Service) and charges (including Value Added Tax) due under section 105 of the Act.

1.1.11 ‘HM Land Registry’ – His Majesty’s Land Registry.

1.1.12 ‘Network Access Agreement’ – an agreement for the purposes of paragraph 1(1) of Schedule 5 to the Act.

1.1.13 ‘Network services’ – the services available through the Network and described as network services on GOV.UK

1.1.14 ‘Portal’ – HM Land Registry’s web infrastructure providing a single point of access to all HM Land Registry services and information.

1.1.15 ‘Registrar’ – the Chief Land Registrar of HM Land Registry including any other member of HM Land Registry who is authorised for the purpose by him.

1.1.16 ‘Rules’ – any subordinate legislation made under the Act.

1.1.17 ‘Schedule 2 notice – a notice given under Schedule 2 to the Land Registration Rules 2003 publicising arrangements for electronic and other modes of delivery of applications and other matters.

1.1.18 ‘Schedule 3 notice’ – a notice given under Schedule 3 to the Land Charges Rules 1974 publicising arrangements for electronic and other modes of delivery of applications and other matters.

1.1.19 ‘Services’ – those services available from time to time to a person through the System.

1.1.20 ‘System’ – the Registrar’s computer systems and website including the portal and Business Gateway.

1.1.21 ‘UserID’– a UserID, UserIDs, logon names, PIN, passwords or other measures allocated to an Authorised person or an Authorised machine from time to time by or on behalf of the Registrar to enable access to and use of the Services.

1.1.22 ‘You, Your’ – the company or other corporate body, firm, partnership, or other organisation, or other person who uses the System to access the Services and Data.

1.2 References to specific enactments or rules include reference to those enactments or rules as amended, re-enacted or replaced from time to time.

2. Connection and use of Equipment and Software

2.1 You shall ensure that You have the Equipment and Software to obtain access to the System so that You are able to use the Services. For the avoidance of doubt, the Registrar shall not have obligations or liability in respect of any defect or failure of the Equipment and or Software or access to the System.

2.2 Access to the System shall be effected via the internet or such other electronic means of access or communication as may be reasonably required by the Registrar from time to time.

2.3 Your connection to Business Gateway is subject to You complying and continuing to comply with the requirements leading to the issue of an Secure Socket Layer Certificate.

2.4 The Registrar may at any time require You to disconnect the Equipment and Software or any part or parts thereof from accessing the System if in the opinion of the Registrar the Equipment and Software is or has been the cause or contributory factor or is likely to be the cause of failures, interruptions, errors or defects in the System or the Database.

2.5 You shall ensure that:

2.5.1 Your Equipment and Software is used in such a manner as will not adversely affect or corrupt the System software or any other software which may be used by the Registrar or used in the System or any information on the Database, and

2.5.2 Your Equipment and Software is not used to access or retrieve any data which You are not entitled to access.

2.6 Subject to the provisions of any Schedule 2 or Schedule 3 notice, where relevant, the Registrar may at any time:

2.6.1 suspend access to the System for the purposes of repair, maintenance or support of or changes to the System, or if there is or if he believes there to be, any fault in the System or in the delivery of the Services and/or

2.6.2 change the specification for the Equipment and Software or for access to the System.

3. Your Obligations

3.1 You shall not:

3.1.1 use the System or permit it to be used in any way that causes the System or access to it to be interrupted, damaged or impaired in any way

3.1.2 use or attempt to use or permit the use of any automated software agents (including without limitation, any screen scraper, spider or other web crawler) to access the System or to search, copy, monitor, display or obtain links to any part of the System, other than an automated programme within a channel or case management system authorised by the Registrar

3.1.3 use the System or permit it to be used to copy the Data and information for display on any other website unless otherwise permitted

3.1.4 attempt to rectify or permit any person (not authorised by the Registrar) to rectify any fault or inaccuracy in the Data, System or Database

3.1.5 otherwise tamper with or attempt to make any deletions, additions, adjustments or alterations to any of the System, Services or Database

3.1.6 allow access to the System and/or use of the Services via Your Equipment and Software other than by an Authorised person or Authorised machine

3.1.7 use the Data and information to represent to the public that You have an arrangement or official partnership with HM Land Registry in relation to either the use of the Data and or information or the supply of it

3.1.8 use the System or permit it to be used for any fraudulent or other unlawful purpose or activity, or

3.1.9 infringe the Crown’s copyright or other intellectual property rights or those of any other person in the Data, System or Database.

3.2 In Your use of the Data You must comply with HM Land Registry’s copyright requirements as published from time to time on HM Land Registry’s website.

3.3 You will comply with all of Your obligations under applicable Data Protection legislation in respect of the management and processing of any personal data comprised in the Data, and will not process the whole or any part of such personal data, except in compliance with such legislation.

3.4 You will retain, for a period of at least 7 years, full and accurate records of Services requested through Your Business Gateway connection by Authorised persons who have not used a User ID to obtain such Services. You shall give the Registrar access to such records as he may reasonably request for the purpose of investigating individual Services requests and compliance with these Conditions of Use.

4. UserID and access to the System

4.1 You shall ensure that

4.1.1 each Authorised person:

4.1.1.1 uses their individual UserID, where this has been allocated to them, and

4.1.1.2 has been properly trained to use the Equipment and/or Software to obtain the Services, and

4.1.2 where an Authorised machine is used to obtain access to Services

4.1.2.1 the individual ID allocated to the Authorised machine is used, and

4.1.2.2 the Authorised machine has been properly configured to obtain the Services.

4.2 You shall not allow:

4.2.1 simultaneous access to the System using the same login,

4.2.2 the transfer or sharing of a UserID and password,

4.2.3 another person to access the Services via a UserID of an Authorised person who has left You, and/or

4.2.4 unauthorised connection to Business Gateway by means of Your Secure Sockets Layer Authentication Certificate.

4.3 You shall notify HM Land Registry immediately:

4.3.1 if a UserID, and/or password:

4.3.1.1 becomes known or accessible to an unauthorised person, or

4.3.1.2 is no longer to be used by the person to whom or the Authorised machine to which it was allocated.

4.4 On becoming aware of any unauthorised use of or access to the System or use of the Services or other breach You shall take reasonable steps to ensure that such use or activity ceases and prevent a recurrence of it.

4.5 If a UserID has not been used to gain access to the System for a period of one year, the Registrar may cancel that UserID without giving prior notice to You.

5. Fees and charges

5.1 You shall pay all Fees and charges when they are due by the methods authorised by HM Land Registry for the Services used by You, each Authorised person, each Authorised machine, or by any other person via Your Equipment and or Software.

5.2 So far as permitted by law, You agree that Regulation 9 and 11 (certain information to be supplied by the service provider where an order is placed for electronic services) of the Electronic Commerce (EC Directive) Regulations 2002 as amended from time to time will not apply.

6. Remedies

6.1 If You or any authorised person do not comply with these Conditions of Use or any of them, the Registrar may at any time take such action as is necessary including suspending and or cancelling one or more including all the UserIDs. The Registrar reserves the right to cancel Your UserIDs at any time if he has reason to suspect use of the system for fraudulent or other unlawful purpose or activity.

6.2 The Registrar and HM Land Registry may monitor Your use of the Services to verify that You are complying with the requirements of these Conditions of Use and are not accessing and using the Data and information for purposes prohibited by clause 3.

7. Exclusion and limitation of liability

7.1 So far as permitted by law, neither the Registrar nor any third party shall be liable for any loss or damage, direct, indirect or consequential, arising from any interruption temporary or otherwise in the availability of the System, accessibility of the Services or Data, loss or damage to Equipment and Software or non-configuration of Data.

7.2 Clause 7.1 shall not affect Your entitlement to indemnity under the provisions of section 103 of, and Schedule 8 to, the Act, but any alteration or manipulation of the data comprised in Services to which the indemnity provisions under Schedule 8 to the Act apply may affect Your claim to such indemnity.

8. Use of information

8.1 The Registrar may collect information about You and each Authorised person and may use and process that information:

8.1.1 to allow him to check Your financial standing

8.1.2 to enable him to ensure that You are using the System in an appropriate manner

8.1.3 to be used for reporting and statistical purposes, and

8.1.4 for any other appropriate purpose or use including sharing information with other government departments and agencies or enforcement agencies.

For further details of the Registrar’s use of information please see our Personal Information Charter

9. Public Data

9.1 The Registrar will publish a range of data available to the public on its website either free under licence, chargeable with restricted licences, or through the Open Government Licence (OGL).

OGL data includes data about Transactions, Price Paid, UK House Price Index, INSPIRE Index Polygons and 1862 Act. For further details please refer to Public Data on our website www.gov.uk/land-registry.

10. General

10.1.1 Where a Schedule 2 notice applies to a Service, such Service will be available through the System only during the currency of the relevant Schedule 2 notice and will be subject to the provisions of the relevant notice, Rules and any direction given under section 100(4) of the Act.

10.1.2 Where a Schedule 3 notice applies to a Service, such Service will be available through the System only during the currency of the relevant Schedule 3 notice and will be subject to the provisions of the Land Charges Rules 1974 and Land Charges Act 1972.

10.1.3 Where Services are not subject to a Schedule 2 notice or a Schedule 3 notice, they will be available through the System on such terms as may be provided from time to time by the Registrar.

10.2 The Registrar reserves the right to change any or all of the Conditions of Use after giving reasonable notice.

10.3 These Conditions of Use apply to Your access to Services other than Network services, including HM Land Registry’s E-Documents Registration Service and Information services. The Network Access Agreement applies to Your access (if any) to Network services.

10.4 These conditions are to be governed and construed according to English law. Any dispute arising under them will be subject to the jurisdiction of the courts of England and Wales.