The designated day – a year on from LR(S)A 2012

The 1979 Act is largely becoming a thing of the past. As expected, Registers of Scotland received a significant influx of applications in advance of the designated day, leaving it with 41,000 applications to process under the old legislation.

Virtually all of those applications have been completed, with only 55 left, which are held up because RoS is in dialogue with the submitting agent.

Dealings of whole have “never been quicker or simpler” Sheenagh Adams, Keeper of the Registers of Scotland (pictured), said, both for the applicant and for RoS.

Seventy per cent of applications were completed in under five days, reflecting the fact that solicitors generally no longer need to submit supporting documentation other than the deed inducing registration.

Ms Adams said transfers of part have the potential to be just as straightforward, especially with its development plan approval (DPA) service, which ensures any title and extent issues are resolved prior to sales of individual plots.

The mapping requirements under the 2012 Act have encouraged developers to use DPA and RoS now has 249 developments throughout Scotland using this service.

First registrations present different challenges, reflecting the fact that conveyancing is less straightforward for properties held on titles recorded in the sasine register. To assist in the preparation of these applications, Ms Adams said RoS has launched a plan assistance service, which translates old descriptions to the ordnance survey map, and that it will soon be introducing a new application checking service.

Over the year, the Keeper said RoS has run a number of first registration workshops for solicitors who want a more thorough understanding of the process, and will be running more next year.

As well as changing the day-to-day mechanics of registration, the 2012 Act had broader aspirations, such as completion of the land register and moving conveyancing and registration into a digital environment. RoS been working with the Law Society and others on advancing these longer term goals.

Ms Adams said: “The land register completion project is well under way. We have had very positive responses from owners to voluntary registration. The 1 April 2016 will see the closure of the sasine register to standard securities.

“And we’re currently consulting on how keeper-induced registration (KIR) – a new power under the 2012 Act – could be used to speed up completion. You can find details of the consultation at ros.gov.uk/consultations. This three-pronged approach – voluntary, triggers and KIR – has the potential to quicken the pace of completion significantly over the next few years.

“As Keeper of the Registers of Scotland, I want to close our first year in the 2012 Act world with a heartfelt thank you to RoS’ customers and staff for their support, patience and enthusiasm since the designated day.”

Watch a video of Ms Adams discuss the act.