Guidance

Practice guide 12: official searches

Updated 21 November 2022

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

This guide explains:

• the purpose and effect of the different types of official search
• how you may lodge official search applications
• the information and, where appropriate, the documents you require to lodge an application

The official search procedure provides you with a means to:

• update the details of a previously obtained official copy of the register of title by checking the up-to-date subsisting entries in the register of title, or where the official search has been lodged against a pending first registration title, to confirm that such an application has been received, who lodged it and when it was lodged
• get details of any relevant pending application or priority official search entered on the day list since either the search from date or the date (see How to apply) that the first registration application was received
• ensure, where appropriate, that no adverse entries are made in the register before a protectable disposition is completed by registration. See Priority and priority periods for further information

The information will be contained in the official search certificate, which is issued when the search has been completed, see Official search certificates for more information.

This guide does not deal with searches of the index map or searches of the index of franchises and manors. See practice guide 10: Index map - official search and practice guide 13: index of relating franchises and manors - official searches for further information.

2. Types of official search

2.1 Official search with priority of whole or of part of the estate comprised within a registered title

You can only apply for a priority search if the search is in respect of a protectable disposition, that is for a valuable consideration.

Use either form OS1 to request an official search with priority of whole, or form OS2 to request an official search with priority of part.

Besides updating the details of a previously obtained official copy of the register a priority search has the effect of ‘freezing’ the register. This ensures that no adverse entries are made in the register during the priority period granted under the official search certificate.

Official search certificates explains what information the official search certificate will contain.

Priority and priority periods explains the principles and effect of priority.

How to apply explains how you may lodge an application and what information you need to provide.

2.2 Official search with priority of the whole or of part of the estate comprised within a pending first registration application

You can only apply for a priority search against a pending first registration title. The search must be in respect of a protectable disposition, that is for a valuable consideration.

Use either form OS1 to request an official search with priority of whole, or form OS2 to request an official search with priority of part.

Besides providing the information detailed in Introduction, a priority search has the effect of ‘freezing’ the register to ensure that no adverse entries are made in the register during the priority period granted under the official search certificate.

Official search certificates explains what information the official search certificate will contain.

Priority and priority periods explains the principles and effect of priority.

How to apply explains how you may lodge an application and what information you need to provide.

Note: Until a first registration application has been completed no guarantee can be given that any registered title will be granted or, if granted, that it will be of the class applied for.

As explained in Official search certificates, the official search certificate, against a pending first registration application, will not contain details of the entries that may be made or of any other application(s) contained within the first registration application. It is for you to confirm with the applicant for first registration that the title lodged is in order. Any person lodging an application for first registration is, therefore, advised to retain examined copies of the documents lodged if there is any likelihood that there will be a dealing with the estate before registration would normally be completed. There should, therefore, be no requirement to inspect the documents lodged with HM Land Registry. However, if such a requirement arises, HM Land Registry will usually be prepared to return the documents temporarily to whoever lodged the application for first registration. The first registration cannot proceed until the documents are re-lodged.

2.3 Official search without priority of the whole or of part of the estate comprised within registered title

Anyone may lodge an application for an official search without priority.

Use form OS3 to request an official search without priority of either the whole or part of the estate comprised within a registered title. You must complete the relevant parts of panel 6 of the form to confirm whether the search is to be of whole or part.

Official search certificates explains what information the official search certificate will contain.

How to apply explains how you may lodge an application and what information you need to provide.

The official search certificate does not confer a priority period for the registration of any dealing.

2.4 Official search by an existing mortgagee of the whole of the estate comprised within a registered title

These official searches are commonly referred to as ‘home rights’ searches.

Under section 55(1) of the Family Law Act 1996, where a mortgage of a registered estate consists of, or includes a dwelling house, a mortgagee who brings an action for the enforcement of their security must serve notice of the action on a connected person who is not a party to the action and whose home rights are protected at the relevant time by an entry in the register of the registered title. A ‘connected person’ is defined in section 54 of the Family Law Act 1996 as a spouse, former spouse, cohabitant or former cohabitant, civil partner or former civil partner. To meet this requirement the Land Registration Rules 2003 provide that the mortgagee may apply for an official search certificate.

Any mortgagee who has a charge on the registered estate, whether or not the mortgage or charge has been registered or noted in the register, may lodge a form HR3 search.

Official search certificates explains what information the official search certificate will contain.

How to apply explains how you may lodge an application and what information you need to provide.

2.5 Interests you can protect with an official search

If you are lodging an official search to protect a registrable disposition that affects only part of the land in a registered title or pending first registration, for example a transfer of part, lease of part or charge of part, you must lodge a form OS2. If you lodge a form OS1 in error, registration of your subsequent application of part and any other applications of part lodged for registration within the priority period of the official search will be delayed because registration cannot be completed until the official search has either expired or is withdrawn under rule 150 of the Land Registration Rules 2003. This could mean that the registration of other customers’ applications is unnecessarily delayed.

Right, interest or matter	Reason for application
	P = purchase
	L = lease
	C = charge
Charge - legal registered under section 27 of the Land Registration Act 2002	C
Charge - sub-charge registered under section 27 of the Land Registration Act 2002	C
Charge - transfer of a registered charge for value	P
Easements - deed of grant of legal easements for value	P
Easements - lease of legal easements for value	P
Lease of a registered estate for value	L
Profit a prendre in gross for value	P
Rentcharge - grant of	P
Transfer of part for value	P
Transfer of whole for value	P

2.6 Interests that cannot be protected with an official search

The following are rights, matters or interests that cannot be protected by official search.

• Adverse possession
• Agreed notice
• Assent of a charge
• Assent of part
• Assent of whole
• Caution – cancellation of
• Caution – withdrawal of
• Charge – consolidation of
• Charge – noted as an agreed or unilateral notice under section 34 of the Land Registration Act 2002
• Charge – notice of agreed maximum amount of security
• Charge – obligation to make further advances
• Charge – postponement of a registered charge
• Charge – transfer of a registered charge not for value
• Charge – variation of a registered charge
• Determined boundary
• Discharge of whole
• Easements – deed of grant of legal easements not for value
• Easements – lease of legal easements not for value
• First registration
• Home rights – cancellation of a notice or matrimonial home rights caution
• Home rights – entry of a notice
• Lease of a registered estate not for value
• Manor – deregistration of
• Notice – cancellation of
• Profit a prendre in gross not for value
• Restriction
• Surrender of lease – not for valuable consideration
• Transfer of part not for value
• Transfer of whole not for value
• Unilateral notice
• Upgrade title

3. Official search certificates

On completion of the official search, an official search certificate will be issued. Because more than one version of a register can be prepared during the same day, the result of the search will be given from one second past midnight at the beginning of either the ‘search from’ date or the date that the first registration application was received. A result of an official search with priority reveals entries made since the beginning of the ‘search from’ day.

The following does not apply to an official search by an existing mortgagee of the whole of the estate comprised within a registered title. See Home rights searches for more information.

The official certificate will contain:

• a statement, where applicable, that there have been no adverse entries since the search from date. This means that no adverse entries have been made in the register and that there are no pending applications or unexpired priority searches noted on the day list

or

• details of any relevant adverse entries made in the register on or after the search from date. This will usually be by reference to an official copy of the register issued with the certificate. You will be able to identify any changes by comparing this official copy with the one you already hold

Note: Details of any entries made in the register and subsequently cancelled during the period searched may not be given.

• notice of the entry of any relevant pending application or proposal by the registrar to alter the register affecting the title entered on the day list
• notice of the entry on the day list of any relevant official search with priority, the priority period of which has not expired, entered on the day list
• the date and time at which the priority period commences and expires if the official search is with priority

Sometimes an adverse entry made in the register since the search from date will refer to a colour or other reference on the title plan, which is not already shown. If you require further information about this, you will have to either obtain an up-to-date official copy of the title plan or request further information from the registered proprietor(s) of the title.

If the extent you are searching is not wholly comprised within the registered title you quote, or part of the estate has been removed from the title, the official search certificate will be limited to the extent that falls within the title. The details of and reason for the limitation will be included with the official search certificate.

If the extent you are searching comprises land falling in more than one title, and it is appropriate for you to lodge applications against all affected titles, the official search certificate will not be limited provided the protectable disposition lies within all the titles that are searched. See How to apply for more information.

Note: If the search is in respect of a title allocated to a pending first registration application, the official certificate will not contain details of any entries that may be made in the register of title resulting from the documents, or other evidence of title produced in connection with the application. This includes charges or any other application(s) contained within the first registration application. The issue of an official search certificate does not affect the position and a warning notice to this effect is issued with the certificate.

Home rights searches

The official search certificate in respect of these searches will contain the following information as at the certificate date and time

• whether any notice or caution is registered to protect a spouse’s or civil partner’s right of occupation under the Family Law Act 1996 or the Matrimonial Homes Acts 1967 or 1983 or the Civil Partnership Act 2004
• whether there is a pending application for the entry of a home rights notice entered on the day list.

3.1 Issue of official search certificate

For most methods of lodgement, you can get an official search certificate in paper form with the exception of applications lodged through Business Gateway where the result will be issued electronically where possible. Business e-services and National Land Information Service customers may, in certain circumstances, apply for some official search certificates to be issued in electronic form.

An electronic official search certificate will be issued as a PDF file. When an official search certificate is issued as a PDF file a certificate will not be issued in paper form. If HM Land Registry is unable to issue an official search certificate as a PDF file, then the certificate will be issued in paper form.

As explained in the following sections an official search certificate may also be given or issued in other ways, depending upon the type of search and which service you are using to lodge your application.

3.1.1 Business e-services

When you lodge a search of whole against a registered title through Business e-services, unless you have requested that the certificate is issued in electronic form, the official search certificate will be displayed on screen, but only if there have been no changes to the register and there are no pending applications or unexpired priority searches entered on the day list since the search from date. HM Land Registry guarantees this official search certificate. If you have requested that the certificate is issued in electronic form the official search certificate will, where possible and permitted, be issued to you in a PDF file.

Unless you have requested that the certificate is issued in electronic form, a paper official search certificate will always be sent either on the same day or the next business day (a ‘business day’ is defined in rule 217 of the Land Registration Rules 2003 as “a day where the land registry is open for business under rule 216”), depending upon the time of day that you are lodging your application, by first class Royal Mail or by DX. The certificate should reach you the following day. Where an official search certificate cannot be given, as explained above, an information message will be displayed. Where possible this will give basic information about the reason why an official search certificate cannot be displayed. You may view the register and day list to determine:

• in the case of a registered title, the details of any adverse entry made in the register since the search from date and basic details of any pending applications or unexpired priority official searches entered on the day list, or
• in the case of a pending first registration, the basic details of any pending applications or unexpired priority official searches entered on the day list.

3.1.2 Business Gateway

If you lodge a search of whole against a registered title through Business Gateway the certificate will be issued in electronic form in a PDF file where possible. HM Land Registry guarantees this official search certificate.

A paper official search certificate will always be sent either on the same day or the next business day, depending upon the time of day that you are lodging your application, by first class Royal Mail or by DX. The certificate should reach you the following day.

3.1.3 National Land Information Service

If you lodge a search of whole against a registered title through the National Land Information Service, unless you have requested that the certificate is issued in electronic form, the official search certificate will be sent to you through the National Land Information Service system if, since the search from date, there have been no changes to the register and there are no pending applications or unexpired priority searches entered on the day list. HM Land Registry guarantees this official search certificate. If you have requested that the certificate is issued in electronic form the official search certificate will, where possible and permitted, be issued to you in a PDF file.

Unless you have requested that the certificate is issued in electronic form, a paper official search certificate will always be sent either on the same day or the next business day, depending on the time of day that you are lodging your application, by first class Royal Mail or by DX. The certificate should reach you the following day. Where an official search certificate cannot be given, as explained above, an information message will be sent to you through the National Land Information Service system. Where possible this will give basic information about the reason why an official search certificate cannot be given at this stage. You may view the register and day list to determine one of the following:

• in the case of a registered title, the details of any adverse entry made in the register since the search from date and basic details of any pending applications or unexpired priority official searches entered on the day list
• in the case of a pending first registration, the basic details of any pending applications or unexpired priority official searches entered on the day list

3.1.4 Orally at an HM Land Registry office

If you lodge a search of whole against a registered title orally at an HM Land Registry office, see Orally by appointment at an HM Land Registry office you will be given an oral official search result if, since the search from date, there have been no changes to the register and there are no pending applications or unexpired priority searches entered on the day list. HM Land Registry guarantees this oral official search result.

A paper official search certificate will always be issued either on the same day or the next business day, depending upon the time of day that you are lodging your application, by first class Royal Mail or by DX. The certificate should reach you the following day. Where an official search result cannot be given as explained above you may request one of the following:

• in the case of a registered title, to be given the details of any adverse entry made in the register since the search from date and basic information about any pending applications or unexpired priority official searches entered on the day list
• in the case of a pending first registration, to be given basic information about any pending applications or unexpired priority official searches entered on the day list.

However, you are advised to await the official certificate of search, as in these circumstances any information given orally is not guaranteed.

Note: If the register is not computerised and not held at the office where you are lodging your application, no details of any adverse entries can be given.

4. Priority and priority periods

4.1 Priority of applications

An application received on a business day is taken, under rule 15 of the Land Registration Rules 2003, as made at the earlier of:

• the time of day notice of it is entered in the day list, or
• (i) midnight marking the end of the day it was received if the application was received before 12 noon, or
• (ii) midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

Where 2 or more applications relating to the same registered title are taken as having been made at the same time, the order in which, as between each other, their priority shall be determined in the manner prescribed by rule 55 of the Land Registration Rules 2003:

• where the applications are made by the same applicant, they rank in such order as they may specify
• where the applications are not made by the same applicant they rank in such order as the applicants may specify that they have agreed
• where the applications are not made by the same applicant, and the applicants have not specified the agreed order of priority, the registrar will notify the applicants that their applications are regarded as having been delivered at the same time and request them to agree, within a specified time (being not less than 15 working days), their order of priority
• where the parties fail within the time specified by the registrar to indicate the order of priority of their applications the registrar must propose the order of priority and serve notice on the applicants of the registrar’s proposal
• any notice served, as stated above, must draw attention to the right of any applicant who does not agree with the registrar’s proposal to object to another applicant’s application
• where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants have specified that the applications will have priority so as to give effect to the sequence of the documents effecting the transactions.

This order will be affected where an application is protected by an official search with priority.

4.2 Priority period under an official search

Priority under an official search commences when notice of it is entered on the day list.

Where a paper search is lodged during a business day, notice of it will be entered on the day list on the same day if we receive it before 12 noon or on the same day or the next business day if we receive it at or after 12 noon.

Where an application for an official search is lodged during a business day through Business e-services, Business Gateway or the National Land Information Service, notice of it will normally be entered on the day list immediately following its lodgement. If an application is lodged through Business e-services, Business Gateway or the National Land Information Service on a day that is not a business day, notice of it will be entered on the day list on the next business day.

Priority under an official search ends at midnight marking the end of the 30th working day after the day on which the official search application was received (rule 131 of the Land Registration Rules 2003). The definition of working day and business day (rule 217) are slightly different.

To obtain the priority conferred by the official search certificate, the application to register the protected disposition (and any other dealing upon which that disposition is dependent) must be entered on, or deemed to have been entered on, the day list before midnight on the 30th working day. To ensure that this is the case, you must deliver the application by noon on the date when the priority expires and it must, in due course, be completed by registration.

The following is an example of how the priority period provided under an official search certificate with priority takes effect.

Day	Time	Nature of application	Effect
1	10:29	Official search with priority to protect a transfer for value	Priority period commences
6	11:31	Transfer not for value	The application will be held over until either the application to register the transfer for value is lodged or the priority period under the official search expires or the official search is withdrawn under rule 150, of the Land Registration Rules 2003.
30	11:59	Protected transfer for value	This application will take priority over the application lodged on day 6 because of the priority period given by the official search lodged on day one. Priority is guaranteed because the application was lodged before 12 noon on day 30 and is, therefore, guaranteed to be entered on the day list before midnight, which is when the priority period expires.
			Note: An application lodged after 12 noon on day 30 may still be entered on the day list before midnight in which case it will get priority under the official search. However, there is no guarantee that it will be entered on the day list before midnight in which case it will not get priority.

4.2.1 Home rights searches

The official search certificate for a home rights search will provide a period of priority for the purposes of section 56(5) of the Family Law Act 1996. This priority period is not the usual priority period that applies to official searches. It is the period that applies under sections 11(5) and 11(6) of the Land Charges Act 1972. This means that if the official search certificate does not reveal any notice or caution and the action is commenced before the expiration of 15 days, excluding any days that HM Land Registry is not open to the public, after the date of the certificate, notice of the action does not have to be served. This is because at the ‘relevant time’, for example in this situation, the date of the certificate, there was no notice or caution disclosed in the certificate.

4.3 Effect of priority

An official search certificate with priority grants priority to the protected registrable disposition over other registrable dispositions, rights, interests or matters that have not been entered on the day list before the official search with priority and are not themselves protected by an earlier official search with priority (if capable of being protected by an official search). If the protected application is dependent upon an earlier registrable disposition, that earlier disposition will also benefit from the protection afforded by the official search certificate if it is also lodged within the priority period, and is, in due course, completed by registration. This also applies where the official search certificate was issued in respect of a first registration of title application that is subsequently completed by registration as to the whole or part of the estate comprised within the application.

An application protected by an official search with priority will have priority over an application protected by another official search with priority, in respect of the same registered title or charge, where the first search is deemed to have been delivered before the second one. See Priority of applications for more information.

Where the disposition is on sale and the purchase money is raised with the help of a charge, you may not need to lodge 2 searches. An official search certificate obtained on behalf of the chargee will provide protection, not only for them but also for the disponee, as the registration of the charge is dependent on the registration of the disposition.

If the completion of the disposition is delayed to an extent likely to preclude the delivery of the application for registration within the priority period, a second search application may be made, whether the priority period under the first official search certificate is still subsisting or has expired. The issue of the second official search certificate will not operate to extend the priority afforded by the first. It will provide a second priority period. The second official search certificate will not provide priority over any application lodged before its priority period commences.

5. How to apply

You are advised to apply for an official search at least 5 business days before the completion of the disposition to ensure that you receive the official search certificate in time.

5.1 Application forms

You must apply for an official search either on or in the correct form. If you are lodging a paper search it must be on the correct form. If you are lodging your official search application by another method, see Methods of lodgement, you must provide the same information as you would for a paper application. The forms are:

• form OS1: official search with priority of whole of a registered title or a pending first registration application.

• form OS2: official search with priority of part of a registered title or a pending first registration application.

• form OS3: official search without priority of whole or part of a registered title.

• form HR3: official search in respect of home rights.

In general, an official search application can only be in respect of one title number, but there are exceptions to this.

For example, a house plot is included in one title and the approach road is included in another and both titles are in the same registered ownership. In this situation you may quote the 2 title numbers on one application form (note the fee payable will be for 2 searches).

Alternatively, if your official search relates to a transaction involving infrastructure or utility supply (such as a lease of an electricity sub-station with associated easements) and the transaction affects land in 2 or more titles in different registered ownership, we will accept applications against all affecting titles if it is clear that:

• all titles searched against relate to the same transaction, and
• all the relevant official search applications are lodged together

In this case we will link the official search certificates rather than limiting them, unless the protectable disposition falls outside the titles searched.

5.2 Information and details you must provide

You must provide the following information and details for each type of official search application as appropriate.

5.2.1 Form OS1 – Official search with priority of whole

You must provide the:

• administrative area and postcode (if known) in which the property falls
• title number of the registered title or that allocated to a pending first registration application
• appropriate fee, if an HM Land Registry variable direct debit account is not being used, or authorisation for the stated account to be debited with the appropriate fee
• HM Land Registry variable direct debit account key number, if appropriate
• name, address and reference of the person lodging the application
• if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
• registered proprietor(s) or applicant(s) for first registration name(s)
• search from date (see Note 1 below)
• applicant(s) name(s), that is the name(s) of the person(s) or company for whose interest protection is being sought. In the case of a corporate body this must be the full legal name, not a trading name
• reason for application, that is the disposition that the search is intended to protect, namely, purchase, lease or charge (the protectable disposition) (see Note 2 below)
• the address or description of the property comprised within the registered title or the application for first registration
• type of search required, that is, is it against a registered title or a pending application for first registration

Note 1: Search from date - rule 131 of the Land Registration Rules 2003 defines “search from date” as:

• the date stated on an official copy of the individual register of the relevant registered title as the date on which the entries shown on that official copy were subsisting
• the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting

For official searches against the whole of a pending new title, the search from date is expected to be taken from official copies of the register out of which the new title is being created.

It is important the search from date is taken from the official copy of the register. If the date entered is not such a date it may mean the search result will not reveal all matters affecting the land searched.

Note 2: The disposition must be for value and affect the whole of the registered title or pending first registration application.

5.2.2 Form OS2 – Official search with priority of part

You must provide the:

• administrative area and postcode (if known) in which the property falls
• title number of the registered title or that allocated to a pending first registration application
• appropriate fee, if an HM Land Registry variable direct debit account is not being used, or authorisation for the stated account to be debited with the appropriate fee
• HM Land Registry variable direct debit account key number, if appropriate
• name, address and reference of the person lodging the application
• if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
• registered proprietor(s) or applicant(s) for first registration name(s)
• search from date (see Note 1 below)
• applicant(s) name(s), that is, the name(s) of the person(s) or company for whose interest protection is being sought. In the case of a corporate body this must be the full legal name, not a trading name

• reason for application, that is, the disposition that the search is intended to protect, namely, purchase, lease or charge (the protectable disposition) (see Note 2 below)

• address or description of the part of the property to be searched. How this information is supplied will depend upon the nature of the estate:

  • Approved estate plan: If HM Land Registry has previously approved an estate plan, you need only quote the plot number and the date of approval of the estate plan; ensure that you quote the relevant plot number(s) where the property comprises 2 or more separately numbered plots, for example a house in a block of dwellings with its garage in a separate block

  • No approved estate plan: If the property does not form part of an estate or there is no approved estate plan, you must lodge a plan, in duplicate, of the part you want to search. The plan must:

    • show clearly and precisely, by suitable colouring or colour edging, the precise extent to be searched
    • be drawn to a recognised scale and show the scale to which it is drawn
    • ideally show a north point
    • not be marked ‘for identification purposes only’
    • show sufficient detail of the surrounding roads and other features to enable the position and extent to be searched to be identified on the Ordnance Survey map and or lessor’s or vendor’s title plan

The application must make clear on which floor level(s), if any, the extent to be searched lies and the plan must show:

• by colouring the precise extent of each level to be searched
• the position of the extent to be searched in relation to existing detail on the title plan and external boundaries or outline of the building of which it forms a part

Note 1: Search from date - rule 131 of the Land Registration Rules 2003 defines “search from date” as:

• the date stated on an official copy of the individual register of the relevant registered title as the date on which the entries shown on that official copy were subsisting
• the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting

For official searches against part of a pending new title, the search from date is expected to be taken from official copies of the register out of which the new title is being created.

It is important the search from date is taken from the official copy of the register. If the date entered is not such a date it may mean the search result will not reveal all matters affecting the land searched.

Note 2: The disposition must be for value and affect only part of the registered title or pending first registration application.

Note 3: If you use a plan that does not meet the above criteria your application may be cancelled.

Search by reference to HM Land Registry title plan

If the extent to be searched is already referred to on a title plan, you need only complete panel 6(c) to refer to the reference (for example “land edged and numbered 1 in blue”) and the title number. The title number quoted in panel 6(c) does not have to be the same as the title number quoted in panel 2. Any affecting floor level within the search extent must be clearly identified (for example “1st floor flat edged red on title plan XXX”).

• type of search required; is it against a registered title or a pending application for first registration

5.2.3 Form OS3 – Official search without priority of whole or part

An official search without priority may only be lodged in respect of a registered title. It cannot be used to search against a pending first registration title.

The information and details that you must provide, dependent upon whether you are seeking to search the whole or part of a registered title, are the same as that required for a form OS1 or form OS2 application as detailed in Form OS1 Official search with priority of whole and Form OS2 Official search with priority of part.

5.2.4 Form HR3 – Official search in respect of home rights

You must send us the:

• administrative area and postcode (if known) within which the property falls
• title number of the registered title
• appropriate fee, if an HM Land Registry variable direct debit account is not being used, or authorisation for the stated account to be debited with the appropriate fee
• HM Land Registry variable direct debit account key number, if appropriate
• name, address and reference of the person lodging the application
• if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
• registered proprietor(s) name(s)
• mortgagee(s) full name(s)
• address of the property comprised within the registered title

5.3 Methods of lodgement

You may lodge an application for an official search by a variety of methods dependent upon the type of search you are requesting. The following table contains a summary of the methods but please also refer to the expanded explanations below the table.

Method of lodgement	Type of official search
	OS1 Official search with priority of whole of a registered title or a pending first registration application	OS2 Official search with priority of part of a registered title or a pending first registration application	OS3 Official search without priority of whole or part of a registered title	HR3 Official search in respect of home rights
Royal Mail or DX	Yes	Yes	Yes	Yes
Business e-services (HM Land Registry account holder only)	Yes	Yes	Yes (of whole only)	Yes
Business Gateway (HM Land Registry account holder only)	Yes	Yes	No	No
National Land Information Service	Yes	Yes	Yes	Yes
Orally by appointment at an HM Land Registry office	Yes	No	Yes (of whole only)	No

5.4 Requirements for each method of lodgement

There are specific requirements you must comply with which are dependent on the method you are using to lodge your application.

5.4.1 Royal Mail or DX

All paper applications should be sent to the standard address.

5.4.2 Portal services

This service enables you to lodge your application from a remote terminal situated in your office direct to Land Registry’s computer system. Business e-services contains details on how you may obtain further information about how to obtain access to this service.

You must hold an HM Land Registry account to be able to use this service.

An application lodged through Business e-services can only be made during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice.

The service is available from 6.30am to 11pm every day. Business e-services day list capture is from 6.30am to 11pm from Monday to Friday, excluding national holidays. Applications submitted outside day list capture times will be accepted but not processed until after 6am on the next business day.

5.4.3 Business Gateway

This service enables conveyancers to interface directly with Land Registry Business e-services using their case management system. Business Gateway tells you how to apply.

You must hold a Land Registry account to be able to use this service.

An application lodged through Business Gateway can only be made during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice.

The service is available from: 6.30am to 11pm every day. Business e-services day list capture is from 6.30am to 11pm from Monday to Friday, excluding national holidays. Applications submitted outside day list capture times will be accepted but not processed until after 6am on the next business day.

5.4.4 National Land Information Service

This is an internet-based system by which you may lodge your application through a channel provider, who will pass it on to HM Land Registry through the Business Gateway service. National Land Information Service contains details of how you may obtain further information about this service. The conditions will be the same as for Business Gateway.

5.4.5 Orally by appointment at an HM Land Registry office

An application lodged orally at an HM Land Registry office can only be made during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice. You must request an appointment.

If because of your condition or circumstance you require an appointment, please contact us.

6. Sub-dispositions or re-dispositions

The procedure you should adopt to prove title will depend on whether the disposition is of whole or part and whether the title is registered or the subject of a pending first registration application. Sub or re-dispositions of a pending first registration title explains further what you need to do where the title is the subject of a pending first registration application.

6.1 Sub or re-dispositions of whole

Where A disposes of the whole of their estate to B who contracts to dispose of the estate to C before the registration of the disposition to B has been completed, B will not be able to prove their title to C by providing an official copy of the register.

It is not usually necessary for B to ask HM Land Registry to complete the registration or to delay negotiations with C because you can verify B’s title by:

• getting an official copy of A’s registered title from B
• applying for a form OS3 non-priority search of whole on receipt of the official copy. The official search certificate will contain the information detailed in Official search certificates, including the basic details of the pending application to register the disposition to B
• getting a copy of the dispositionary document in B’s favour from B.

Just before completion of the disposition to C, you should apply for an official search of whole with priority to secure the priority period for the registration of the disposition to C.

6.2 Sub or re-dispositions of part

Where A disposes of part of their estate to B who contracts to dispose of that estate to C before the registration of the disposition to B has been completed, B will not be able to prove their title to C by providing an official copy of the register. It is not usually necessary for B to ask HM Land Registry to complete the registration or to delay negotiations with C because you can verify B’s title by:

• getting an official copy of A’s registered title from B
• applying for a form OS3 non-priority search of part of A’s registered title on receipt of the official copy. The official search certificate will contain the information detailed in Official search certificates including the basic details of the pending application to register the disposition to B
• getting a copy of the dispositionary document in B’s favour from B

Just before completion of the disposition to C, you should, to secure the priority period for the registration of the disposition to C, apply for an official search with priority of whole (form OS1) of the title allotted to the disposition in favour of B. You should base the search upon the official copy of A’s registered title that you have already obtained.

Note: If the application to register the disposition in favour of B fails, your official search will also fall and you will not have any protection for the registration of the disposition in favour of C. In these circumstances you should apply for an official search with priority of part (form OS2) of A’s registered title based upon the official copy of A’s registered title that you have already obtained.

6.3 Sub or re-dispositions of a pending first registration title

In the situations described in Sub or re-dispositions of whole and Sub or re-dispositions of part, if A is the applicant for first registration, a registered title will not exist and, therefore, you will not be able to obtain an official copy of the registered title. To satisfy yourself as to the validity of the title you should:

• get and examine copies of A’s documents of title. B should have been able to inspect these in connection with the disposition to them
• get a copy of the dispositionary document in B’s favour

If, just before completion of the disposition to C, the first registration application has not been completed, you should apply for an official search with priority of whole or part, as appropriate, of the pending first registration title. You will then secure the priority period for the registration of the disposition to C. If the first registration has been completed by registration, follow the procedure described in Sub or re-dispositions of whole and Sub or re-dispositions of part, as appropriate.

7. Discontinuous leases (time share)

The type of official search you should apply for will depend on whether the discontinuous (time share) lease is in respect of the whole or part of the property.

If, for example, the lease is in respect of the whole extent of a country cottage, you should apply for an official search of whole. However, if the lease is in respect of, for example, a flat within a block of flats, you should apply for an official search of part. You will have to provide the information and, where appropriate, the documents as explained in the appropriate sub-paragraph of Information and details you must provide.

You must, as part of the address or description of the property to be searched, quote the time period concerned. You should do this by using the same term that will be used in the lease and based upon any calendar that the development has agreed to use. For example: ‘Flat 9, Beachfront Court, Cliff Way, Babacombe, Devon - week 32 commencing on Saturday’.

The official search certificate will only grant priority for the application to register the disposition in respect of the specified time period.

See practice guide 25: leases - when to register for further information.

8. Withdrawal of an official search

If you have lodged an official search with priority that you no longer need, and you do not intend to lodge the protected disposition for registration within the priority period of the official search, please withdraw it under rule 150 of the Land Registration Rules 2003. This means that any other application lodged within the priority period of the official search will not have to be held over to await expiry of the official search.

There are 2 methods of withdrawing the official search. For business customers there is a ‘Withdraw Official Search with Priority’ option within ‘Information Services’ in our online transaction channel, the portal. Alternatively you can withdraw the search in writing. This can be by email, letter or by endorsing the search result certificate that you wish to withdraw the official search under rule 150 of the Land Registration Rules 2003. If you received the result in an electronic format there is no need to return this with your written request. You need to enclose the original result certificate only if this was issued in a paper format. We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

9. Fees

The fee(s) payable for official searches are prescribed by the current Land Registration Fee Order, see HM Land Registry: Information Services fees.

10. Things to remember

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