Land Register Application Record reopening – 1 March 2021

Published February 23, 2021

It has been nearly a year since the Land Register Application Record was closed (to paper applications) but from 1 March 2021, the good news is that the Application Record will fully reopen, restoring some much needed normality to the pre-registration process.

Some significant dates to keep in mind:

1 March – the Application Record reopens;

10 March – Applications for deeds protected by the emergency legislation need to be submitted online (or a further Advance Notice lodged);

11 March – Advance Notices that are extended and protected by the emergency legislation will expire.

The Coronavirus (Scotland) Act 2020 came into force on 7 April 2020 and provided a period of extra protection for Advance Notices that would have expired on or after the 24 March 2020. The Act provided that the standard protection period of 35 days was extended to “10 days after the Keeper declares the application record fully open”. Therefore, those Advance Notices that have benefited from the extended protection will now expire on the 11 March 2021.

Any application for registration of a deed which was protected by an Advance Notice extended by the 2020 Act needs to be submitted on line?to Registers of Scotland by midnight on Wednesday 10 March. Alternatively, a further Advance Notice can be lodged providing the standard 35 day protection period.

If the application includes associated papers to be submitted by the “non digital document process”, then they must be received by Registers of Scotland on or before 9th March.

This will ensure that applications can be taken onto the Application Record before the protected period expires.

Millar & Bryce’s Legal Reports will disclose live Advance Notices that continue to offer protection under the emergency legislation until the 11 March. Advance Notices that are lodged after the Application Record has reopened on the 1 March will show the statutory 35 day protection.

We will also reinstate the popular “days remaining” section of our Legal Reports which calculates the number of days protection that an Advance Notices provides at the date of our report.

If you have any questions on any aspect of the above please direct these to relationship@millar-bryce.com and one of our experienced team will get in touch with you to discuss.