Guidance

Notice 19: Electronic Document Registration Service through Business Gateway (effective 16 August 2024)

Updated 16 August 2024

Applies to England and Wales

Notice given by the registrar under Schedule 2 to the Land Registration Rules 2003

Interpretation

1.In this Notice:

(a) expressions used have, unless the contrary intention appears, the meaning which they bear in the Land Registration Rules 2003 (SI 2003/1417), as amended from time to time,

(b) “Business Gateway” means HM Land Registry’s XML machine to machine interface linking a subscriber to HM Land Registry,

(c) “DRSBG schema” means XML schema or schemas the use of which allows subscribers to use of which allows subscribers to use the electronic Document Registration Service,

(d) “development scheme” or “scheme title” means a registration arrangement made with the registrar to incorporate several parcels of land into a single registered title as they are acquired, as described the HM Land Registry’s Practice Guide 72 - Development Schemes,

(e) “eDRS through Business Gateway” means the service provided by the registrar to enable applications for registration to be made electronically by means of the Business Gateway, with such electronic documents and scanned copies of the deeds and documents attached as are required to support the application,

(f) “eMD reference” means a unique reference supplied by the registrar to a lender for an approved digital mortgage template for that lender. The reference enables the template, and all or part of the wording to be entered in the register for the registration of a legal charge, to be generated automatically within HM Registry’s computer system,

(g) “guidance” means all guidance about the use of the eDRS through Business Gateway published by HM Land Registry from time to time,

(h) “MD reference” means a unique reference supplied by the registrar to a lender which enables all or part of the wording for the registration of a legal charge to be generated automatically within HM Land Registry’s computer system,

(i) “Portal” means the secure website platform used to access HM Land Registry’s Business e-services.

2.Reference to a form means the form of that description prescribed by Schedule 1 to the Land Registration Rules 2003, or designated by a direction of the registrar made under section 100(4) of the Land Registration Act 2002.

Currency of notice

3.This Notice is made under rule 14 of, and Schedule 2 to, the Land Registration Rules 2003 and shall be current for the purposes of Schedule 2 on and after 0630 hours on and after 16 August 2024. It replaces on that date the Notice of 6 November 2023 in respect of Electronic Document Registration Service through Business Gateway.

The delivery of applications electronically

4.Arrangements have been made for eDRS through Business Gateway for the types of applications listed in Schedule 1.

5.The use of the eDRS through Business Gateway is subject to the provisions of paragraphs 6 to 26.

When requests to lodge an application may be delivered

6.Requests to lodge an application may be submitted between:

(a) 0630 hours and 2300 hours every day.

(b) The service may not be available for up to 15 hours each month due to essential maintenance, improvement and testing work. The registrar will endeavour to undertake such work at times on a Sunday or when it will have minimal impact on applicants.

Who may deliver applications

7.Applications may be delivered only by a person or body who:

(a) has been approved by HM Land Registry to use the Portal,

(b) has accepted HM Land Registry’s Conditions of Use - the Portal and Business Gateway and complies with those conditions,

(c) uses a system connected to Business Gateway and submits requests that conform to the DRSBG schema,

(d) has entered into an agreement allowing payment of fees by direct debit as authorised under article 13(3)(a) of the Land Registration Fee Order 2021 (or under any Order which supersedes it),

(e) in the case of a digital mortgage, has had HM Land Registry’s Network made available to them by the register under clause 7 of a full network access agreement, entered into in accordance with section 92(2) and Schedule 5, paragraph 1 of the Land Registration Act 2002), and makes the application in accordance with Notice 1 (creation and registration of digital mortgages) and given under rule 54C of the Land Registration Rules 2003.

Deemed delivery of applications

8.For the purposes of the Land Registration Act 2002 and the Land Registration Rules 2003 an application is deemed to have been delivered at the time and date the application is added to the day list.

General limitations

9.Only applications of the types listed in Schedule 1 may be made through eDRS through Business Gateway but the service may not be used in respect of an application:

(a) for first registration,

(b) to register a charge of part only of a registered title,

(c) that includes more than 50 registered titles,

(d) that relates to a title the individual register of which is not held in electronic form,

(e) that relates to a caution against first registration,

(f) that relates to a development scheme or scheme title.

10.If an application affects more than one title number, the applicant must quote all the title numbers affected by the application.

11.If more than one application is delivered together, the applicant must quote all the title numbers affected by each application and each application/document type.

12.If a title number affected by an application is not quoted as required in paragraphs 10 and 11:

(a) the application in respect of the unquoted title number will not be received for the purpose of rule 15 of the Land Registration Rules 2003 unless:

(i) an application against that title number is opened manually by HM Land Registry, and until that manually opened application is entered in the day list;

(ii) or until a further application is properly made in respect of the unquoted title number;

(b) HM Land Registry may treat the application as a written request to register any disposition as to the quoted title number(s) only for the purposes of rule 56(1) of the Land Registration Rules 2003; and

(c) the relevant title number shall be treated as having been omitted:

(i) from panel 2 of form AP1 for the purposes of rules 72(4) and 72C(3) of the Land Registration Rules 2003; and

(ii) from clause LR2.2 or panel 2 of form AP1 for the purposes of rule 72A(4) of the Land Registration Rules 2003.

13.If an applicant submits a request which confirms to the DRSBG schema but the information or data in that request:

(a) does not comply with the guidance,

(b) is incorrect, or

(c) is incomplete,

the registrar may reject the request prior to it being deemed to be delivered in accordance with paragraph 8. Any such rejection will contain an error code and explanation as to why the request has not been able to be accepted.

14.If the registrar accepts a request to lodge an application and the application is deemed to be delivered in accordance with paragraph 8, but the information or data in that request:

(a) does not comply with the guidance,

(b) is incorrect, or

(c) is incomplete,

the registrar may raise requisitions, reject or cancel the application in accordance with rule 16 Land Registration Rules 2003.

15.Any requisitions arising from the application will be delivered to the applicant electronically, and all replies to requisitions and further documents must be lodged through the service.

16.Any acknowledgement, certificate, vectorised plan or other result of an application will be issued by the registrar electronically. If for any reason the registrar considers that it cannot be conveniently issued in electronic form, he may issue it in paper form.

17.The use of Business Gateway’s Registered Proprietor Name surfacing tool can only be used for the purposes of supporting the preparation of an application to update the register. Users are limited to using this service 6 times per minute between the hours of 06:30 and 23:00 hours. For the purposes of applicable privacy law, including but not limited to the UK GDPR, users of this tool act as a separate and independent controller of any personal data processed.

Limitations on format of documents that will be accepted as attachments

18.Electronic attachments to applications, including scanned plans, must:

(a) be either in Tagged Image File/Tagged Image File Format (TIFF), Portable Document Format (PDF), Graphical Interchange File Format (GIF) or a file complying with Joint Photographic Expert Group standards (JPEG).

(b) not exceed in size for each single TIFF, PDF, GIF or JPEG document a file size determined from time to time in the Business Gateway Service.

19.When a plan is included in the application it must be scanned:

(a) in no more than two parts, at a maximum size (per part) of A3, but where the plan is scanned in more than one part, a third scanned image must also be lodged with the application showing the full extent of the plan on one page,

(b) in full colour,

(c) at a resolution not less than 200dpi and not more than 600dpi.

General particulars and documents to be provided

20.When making an application through eDRS through Business Gateway the applicant must:

(a) provide on request such of the particulars as would be required by form AP1 for an application of the type applied for, or where no form AP1 would be required for a paper application of that type, such of the particulars that are required by a form AP1 as are requested,

(b) confirm on request that they have read and understood the warning statement connected with the application,

(c) in the case of an application to register a charge, provide, if requested, the date of the charge and the MD reference if there is one, or the eMD reference,

(d) in the case of an application to register a charge dated on or after 6 April 2013, where the chargor is a company or LLP registered under the Companies Acts, provide an electronic copy of the certificate of registration issued by Companies House, and a certificate or a conveyancer’s or lender’s written confirmation that the chagre lodged for registration is:

(i) identical to the copy charge filed at Companies House

(ii) the charge to which the accompanying certificate of registration relates,

(e) where more than one application relating to the same registered title is delivered at the same time, list in numbered order the priority of the applications,

(f) in the case of an application to register an extension of the term of a lease, provide the title number(s) of both the lessor and the lessee, and any additional title numbers that affect the application,

(g) in the case of an application to register a new lease granted from a registered title, the title number(s) of the lessor, and any additional title numbers that affect the application,

(h) in the case of an application to register a transfer of part granted from a registered title, the title number(s) of the transferor, and any additional title numbers that are affected by the application.

21.The applicant must attach to the application electronic versions or scanned copies of such forms and documents (limited to the types listed in Schedules 2 and 3) as will be required by the registrar to enable the registrar to complete the registration applied for (subject to paragraph 16 in the case of a plan), except in the case of a digital mortgage created pursuant to a registrar’s notice under rule 54C of the Land Registration Rules 2003, no copy of the digital mortgage is required to be attached.

22.After an application has been made through eDRS through Business Gateway, documents previously omitted may be added to the application only while the application remains pending, and only through the service.

23.Subject to paragraph 21, only the forms listed in Schedule 1 and documents of the types listed in Schedule 3 may be submitted electronically in support of an eDRS through Business Gateway application.

24.If evidence of compliance with Stamp Duty Land Tax or Land Transaction Tax legislation is required in respect of an application, either an SDLT submission receipt in PDF, TIFF, GIF or JPEG may be attached to the application in the case of SDLT. Otherwise, a scanned copy of an SDLT5 certificate or a Land Transaction Tax certificate should be attached.

25.Subject to paragraph 18 if applicable, each document required to support the application must be scanned as a separate document or attached separately and be supported by one of the following certificates:

• I/We certify this attachment is a true copy of the original document.

• I/We certify this attachment is a true copy of a document which is certified by a conveyancer to be a true copy of the original.

• This attachment is an uncertified copy.

26.Each electronic attachment, including scanned attachments, must be clearly legible and of sufficient quality to be reproduced as an official copy by the registrar.

Nicola Muir
Deputy Director, Central Legal Services
14 August 2024

Schedule 1

Application Types that may be made through eDRS through Business Gateway

Adverse possession of registered land	Agreed notice	Alteration of the register
Appointment of new trustee	Assent of registered title (whole or part)	Assent of charge
Cancellation of caution against dealings	Cancellation of home rights notice	Cancellation of noted lease
Cancellation of notice (not unilateral)	Cancellation of restriction	Cancellation of unilateral notice
Change of address	Change of name	Change of property description (CPD)
Charge	Death of joint proprietor	Death of sole proprietor
Determination of a boundary	Digital mortgage	Dis-apply or modify a restriction
Discharge of whole or part of a registered charge	Easement - registration	Entry of notice of restrictive covenant
Exempt information document	Lease - determination	Lease - extension (term or extent)
Lease granted out of registered land - registration	Note agreed maximum amount of security	Note overriding priority of a statutory charge
Notice of easement	Notice of home rights	Notice of lease
Obligation to make further advances	Postponement of charge	Rectification of the register
Register beneficiary of unilateral notice	Register person to be notified of an application for adverse possession of registered land	Release of covenants - agreed notice
Release of covenants - cancellation	Release of covenants - unilateral notice	Release of easements
Remove designation of exempt information document	Remove unilateral notice	Renew notice of home rights
Restriction (non standard)	Restriction (standard)	Severance of joint tenancy
Sub-charge	Surrender of lease	Transfer
Transfer by operation of law	Transfer not for value	Transfer of charge
Transfer subject to a charge	Transfer under a power of sale	Transfer of a portfolio of titles (not exceeding 50 titles)
Transfer of part of land in a registered title	Transfer of part under a power of sale	Unilateral notice
Upgrade title	Variation of charge	Variation of covenants - agreed notice
Variation of covenants - unilateral notice	Variation of easements	Variation of easements - agreed notice
Variation of easements - unilateral notice	Variation of lease	Variation of lease - agreed notice
Variation of lease - unilateral notice	Withdrawal of restriction	Withdrawal of caution against dealings

Schedule 2

Forms that may be submitted electronically in an electronic Document Registration Service application

ADV1	ADV2	AMS1
AN1	AP1	AS1
AS2	AS3	CCD
CH1	CH2	CH3
CN1	DB	DI
DJP	DS1	DS2
EX1	EX1A	EX3
HR1	HR2	HR4
ID1	ID2	PSS1
RX1	RX2	RX3
RX4	SC	SEV
TP1	TP2	TR1
TR2	TR4	TR5
UN1	UN2	UN3
UN4	UT1	WCT

Schedule 3

Types of documents that may be submitted electronically in eDRS through Business Gateway

Abstract	Agreement	Assent
Assignment	Birth Certificate	Charge
Conveyance	Correspondence	Court Order
Death Certificate	Deed	Discharge
Document list	Evidence	Identity evidence
Identity form	Indenture	Land Transaction Tax certificate
LR Correspondence	LPOA Summary	Lease
License	Marriage Certificate	Plan
Power of Attorney	Probate	Stamp Duty Land Tax certificate or electronic receipt
Statement of Truth	Statutory Declaration	Sub-charge
Transfer	Witness Statement