Fee review open to views
Registers of Scotland page: two-yearly fee review; crofting register; 2012 Act update
In line with the Keeper's commitment to review fees every two years, Scottish Ministers are consulting on the proposals for the statutory fees charged by Registers of Scotland. This is the first fee review taking place under the new powers of the Land Registration etc (Scotland) Act 2012.
As part of RoS's role to deliver land and property registration for the people of Scotland, we are encouraging all of those with an interest in this to participate in the consultation. Please visit the consultation area of our website to take part: www.ros.gov.uk/consultations
It is worth noting that this fee review incorporates fee proposals for the new products and services resulting from the 2012 Act.
The consultation went live on 29 October 2013, and following the 12-week consultation process, a report will be prepared and, soon after, the submissions will be made public. The proposed fee changes are expected to take effect from autumn 2014 in line with the implementation of the 2012 Act.
Crofting Register: trigger approaches
It is almost one year since our 17th public register, the Crofting Register, went live. As the first map-based system of recording croft land and associated rights, the Crofting Register represents RoS's contribution to fulfilling legislative changes set out in the Crofting Reform (Scotland) Act 2010. That Act brought about a clear demarcation between the regulation of crofting, which is the responsibility of the Crofting Commission, and the registration of crofts, which now falls to the Keeper of the Registers of Scotland.
Since launching on St Andrew's Day 2012, the register has been operating on a voluntary basis. As of 30 November 2013, registration will also be required in the event of certain trigger events (mainly relating to occasions where a crofter is contacting the Crofting Commission to seek permission in respect of a regulatory matter such as the assignation of a croft). We would emphasise that voluntary registration will continue to be permissible and we would recommend that approach for community mapping initiatives. For further information, please visit www.crofts.ros.gov.uk
2012 Act update
The Implementation of the Land Registration etc (Scotland) Act 2012 - Consultation is currently live and we are inviting members of the Scottish legal community to participate. You can do so via our dedicated 2012 Act website (www.ros.gov.uk/2012Act), the main RoS site (www.ros.gov.uk) and the Scottish Government website (www.scotland.gov.uk/consultations). The 12-week consultation is open until Monday 9 December 2013.
Significant work is continuing in preparation for the implementation of the 2012 Act, with the designated day expected to be in late autumn 2014. We are meeting regularly with representatives of the Society's Property Law Committee to discuss the Act and its impact on the profession.
The first matter considered was that of advance notices. An advance notice is a new concept and is designed to provide a 35-day period of protection for a nominated deed against other deeds being registered first, and against the registration of an inhibition affecting the grantor. In addition to this dialogue with the Society, RoS also held workshops on 22 and 24 October with solicitors and lenders to provide an opportunity to find out more about advance notices and to provide input to the development of the advance notice system.