Guidance

Developing estates: registration services: estate plan approval (practice guide 41, supplement 2)

Updated 9 May 2023

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. Introduction

We have designed the estate plan approval system to simplify and speed up the supply of official copies, official searches and subsequent registrations while the site is active. It also offers the following advantages

• negotiations for the sale of plots can proceed without an official copy of the developer’s title plan
• you can make applications in form OC1 for certificates of inspection of the title plan and official search applications, by referring to the plot number on an approved estate plan rather than supplying a plan with each application
• speedier negotiations between the developer and purchaser on individual plot sales

2. How to apply

Estate plan approval may follow the estate boundary approval service or you may apply for it independently. At the earliest possible stage, send Land Registry a copy of the estate plan showing the final layout. An estate plan can be sent for approval using the form on GOV.UK.

When making an application to approve an estate plan you should make it clear that you are either:

• the registered proprietor
• entitled to be registered as the proprietor
• act for or with the consent of the registered proprietor or a person entitled to be registered as the proprietor

Where an estate plan is submitted for approval and your status is not clear, we will seek confirmation. If this is not provided, the application will be declined.

HM Land Registry will inform you of any problems that may have arisen, and work towards resolving them in advance of sales activity. When there aren’t any problems, we will give formal approval. The approved plan (or extracts) can then form the basis of the transfer or lease plans thus providing continuity through the plot sale. Where you have used the estate boundary approval service, you should base the estate layout plans on the same plan.

This approval does not confirm that development planning permission has been sought or obtained. Planning permission is dealt with by local planning authorities and not by HM Land Registry. In some cases we may decline to approve a draft estate plan if we consider that granting approval may mislead members of the public into believing that future development is likely, such as when approval is sought for plans for what appears to be a land banking investment scheme (where a landowner divides their land into many small plots to sell and they claim that the plots have good investment value, usually in the expectation of future development).

The detailed requirements for estate plan and surveying specification are set out in supplement 5 to this practice guide.

Please direct all requests for estate plan approval to the HM Land Registry specialist support service hub.

3. Commonhold

Practice guide 60: commonhold gives details of the requirements and specifications for commonhold community statement plans.

4. Things to remember

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