Clarification on the recent communication from Registers of Scotland on Advance Notices

Published May 28, 2020

Over the last few days, we have had a number of queries following the statement from ROS that “Digital submissions no longer need Advance Notices”.

To be clear this does not take away the usual requirement to submit an Advance Notice when a transaction is pending.

ROS have confirmed that from 27 May “Digitally submitted deeds will no longer need to be covered by an Advance Notice.” However to clarify, this statement only relates to transactions that previously would not have required an Advance Notice. Initially ROS put in place interim measures to open the Application Record. These measures included using the Advance Notice as a placeholder and when the application of the live deed was submitted it followed the Advance Notice onto the application record. If no Advance Notice had been submitted the digital application could not follow the same process. Since 27 May this issue has been resolved and if you have a transaction that does not require an Advance Notice you can now use the digital submission process without the need to lodge an Advance Notice.

An Advance Notice continues to secure the transaction while waiting for the registration application to arrive and provides certain protections for the deed for a stated period of time.