Complying with a restriction
5 Mar 2019 12:20 PM
Updates to practice guide 19 will take effect from April 2020.
From 1 April 2020, the recent update to Practice Guide 19 section 3.1.1 will take effect. This states:
A consent must state it is given to registration of the disposition, rather than simply consenting to the disposition itself.
When requesting consent from the party named in the restriction, customers will need to make it clear that they require consent to registration. And third parties giving consent must state they give consent to registration.
Restrictions in the register make it clear when the powers of the proprietor are limited, or a prior condition must be met before a disposition can be registered. Consenting to registration, rather than the disposition itself will ensure the requirements of the Land Registration Act 2002 are met.
We understand that consents to registration are obtained from third parties, and so we are giving customers 12-months’ notice to embed this practice. Incorrectly worded consents lodged from April next year, will receive an application enquiry (requisition). We have updated Practice Guide 19 to clarify our requirements.
For more information, see Practice Guide 19 - notices, restrictions and protection of third-party interests.