Buying a property is a big milestone, and once the keys are in your hand, you might think the legal process is over. But there’s actually still an important stage to go: registration with HM Land Registry (HMLR).
Many buyers don’t realise that even after completion, your solicitor is still working behind the scenes to tie up some essential loose ends.
What still needs doing after completion?
After the transfer of land is completed, your solicitor will take care of paying stamp duty land tax (SDLT) on your behalf. This needs to be done within 14 days of completion to avoid penalties and interest charges. Guidance on SDLT can be found on the government website. If the property is in Wales, your solicitor will submit a land transaction tax (LTT) return. This must be completed within 30 days of completion and guidance can be found on the Welsh government website.
After filing the tax return, your solicitor then registers the property in your name by applying to update the registers of title held at HMLR. Since 1990, it’s been compulsory to register all land on transfer. Efforts to register land began from 1925 but some land remains unregistered today.
If the land you’re purchasing was previously unregistered, your solicitor will need to submit an epitome of title and prove ownership of the land. Timing is important here and applications should be submitted as soon as reasonably possible to protect your ownership and prevent any competing claims from other parties. If you’ve bought with a mortgage, your lender’s interest will also be noted on the title.
The “registration gap”
When HMLR receives a registration application, they’ll update the official title. This title usually includes:
- A description of the land
- Any mortgages, charges, restrictions or loans
- Rights of way
- The legal owners of the property
Following completion, your solicitor submits the application with the signed transfer deed and supporting documents to reflect the change in ownership. But here’s the issue: until HMLR processes the update, the title still shows the previous owner. This period is known as the registration gap.
During this gap, the legal estate (i.e. the official ownership) remains with the seller, but the equitable interest passes to the buyer. In short: you own it in substance, but not yet on paper.
How long does registration take?
Unfortunately, delays at HMLR mean that registration can take months to be updated. According to their own data, 42.1% of applications to register a property transfer can take longer than a month. For first registrations or more complex transactions (such as for a new build property), it can take up to 18 months or longer.
Once the process is complete, your solicitor will confirm and send you the updated title documents.
Selling before you’re registered
There are occasions when you may need (or want) to sell a property before it’s registered in your name, for example if you’re involved in a sub-sale or if delays at HMLR are holding things up.
In such cases, careful drafting of contracts and transfer documents is vital. Your solicitor will work to ensure everything is in place to protect your interests.
If registration hasn’t completed by the time you’re ready to sell, it’s often possible to request an expedited application, especially if delays would cause financial, legal or personal issues.
What if the owner dies before registration?
In some cases, someone may pass away before the property is registered in their name. If this happens:
- The property usually becomes part of their estate and probate will be required
- The estate will need to be registered into the name of the personal representative if the property was owned by one person
- The title will need updating to reflect the surviving owner if they owned it jointly with someone else
- The solicitor will establish who inherits the deceased’s share for tenants in common
Leases and leasehold land
Leaseholders waiting for registration may face complications too. For instance:
- Tenants might not be able to serve valid notices to activate break clauses
- Landlords could struggle to enforce rights or oppose renewals under the Landlord and Tenant Act 1954
This is because some legal rights can only be exercised by the registered proprietor – which, during the registration gap, the buyer technically isn’t yet.
How we can help
At Glaisyers ETL, we don’t just file your application and hope for the best. We:
- Draft your application thoroughly to minimise delays and requisitions
- Submit it promptly to get things moving as fast as possible
- Help expedite your registration if you’re facing hardship, financial issues, legal issues or personal problems
- Provide tailored documents that allow you to exercise ownership rights during the registration gap
Need further guidance or have any questions? Contact our Conveyancing team today.
