Land Registry delays improve but process still frustrates
© coldsnowstorm/iStockphoto All registration applications are now being processed within 10.9 months of submission, according to new data from the Land Registry.
This is ahead of the goal the organisation had set itself in March 2025 of processing 95% within 12 months.
The pace has also picked up for complex applications, such as first registrations, with 45% of these completed within 10 months.
But while this data confirms that processing times are improving, the registration process continues to frustrate transactions.
See also: Common land disputes explained and how to avoid them
Alex Robinson, head of farm estates at legal firm Wright Hassall, has had instances where it has taken months for the Land Registry to first look at an application.
Though this has improved, it had not been uncommon for it to take two years, she suggests.
“It does hold up transactions, and if there are queries with an application further down the line, it makes it much more complicated when a long period of time has passed, especially so if we have a personnel change and another member of the team has to pick it up. It takes time our end to sort that out.”
It adds a further layer of cost, too, which is either absorbed by the legal firm or passed on to the client.
Service delays
A surge in property transactions post-Covid was in part a reason for delays to the service, but Alex says they first became apparent several years earlier when the Land Registry shed staff as it shifted to a portal-based system.
Years of experience vanished when those jobs were removed, and Alex believes that has added to the problem.
Staff processing applications have a good range of knowledge, she says, but for more complicated issues that need to be referred to a lawyer, “that’s when it hits the buffers”.
“Even very straightforward processes, such as transferring the whole of the title of a farm or a house, take time, but for the complicated ones related to selling, buying or mortgaging part of a property, that is where it really hits the backlog,” says Alex.
“We appreciate these are always going to take time, but the Land Registry doesn’t seem to have the resources to deal with them.”
Expedited cases
It does, however, have an expedited procedure in place for applications to be fast-tracked at no extra cost if a protracted turnaround is expected to cause financial hardship or have a knock-on impact on another application.
If an application is added to that list, it will be looked at within 10 working days, although there is no timeframe for completing the process.
The Land Registry says it is currently processing about 1,000 expedited cases a day.
For the more straightforward applications, such as changing a name or transferring a property title, the industry is noticing an improvement – and this is backed up by the Land Registry’s data, which shows these are taking between four and six months.
“It is still far worse than it used to be but better than in recent years,” says Alex.
“You get a sense that they are dealing with applications more quickly because they are sharing resources.
“For example, all our applications would once have been dealt with by the Gloucester office, but they are now circulated to different offices around the country.’’
Moving quicker
Land agent Kevin Prince, of Brown & Co, also believes the wheels are turning faster.
A case in point was a recent application requesting a simple amendment to a title, submitted and returned within three weeks.
But as his work relates to farm and land purchases and sales, there are genuine reasons to apply for these applications to be expedited. Yet there can be delays with this process, too, Kevin adds.
“You can be fast-tracked and in that outside lane, but 20 yards before the finish line, you hit the bollards.”
That causes problems because the buyer’s solicitor, understandably, usually requires that a property is registered before the sale can go ahead, Kevin maintains.
“Solicitors are becoming more cautious and you can see why – if you are a solicitor who has had no experience of transferring non-registered land, why would you take that risk?”
For unregistered land, the title passes on the date of completion, and then the first registration has to follow.
For registered land, although completion has taken place, ownership is finalised when the register has been updated at the Land Registry.
The purchaser immediately has a beneficial interest on completion, but the transfer has to be protected by registration.
Standard of application
Delays are not solely a result of what seems to be pressure on staff resources at the Land Registry – the standard of applications is a factor.
Sub-standard applications will be rejected or require additional time to deal with.
More than 60% of applications have requisitions and, depending on the complexity of the issue, this can add months to an application.
To counter this, the Land Registry holds industry webinars to inject knowledge into the application process. It also has a Specialist Support Service to guide applicants through the more complex processes.
“They are trying to work with firms, everyone has got their part to play,” says Alex.
Speed of service
In a statement, the Land Registry says that improving its speed of service is its top priority.
“We have been making the improvements needed through hiring and training staff and enhancing the services our customers use, alongside continuing to deliver the essential services required to enable property transactions to complete,” it says.
“We continue to work with our customers to reduce the number of requisitions we have to send, which can have an impact on processing times and lead to delays.”
It points out that its productivity has improved significantly in recent months.
“We now have a higher output than we’ve ever seen, and we’re completing more than we’re taking in.
“We acknowledge there is likely to be a delay in customers feeling the positive impact of these improvements, but we expect that to become more apparent in the coming months.”
How to avoid delays in the registration process
Delays with the registration process can be mitigated, says Scott Mitchell, a specialist in rural property and energy at solicitor Stephens Scown.
Apart from the Land Registry’s own capacity to process applications, incorrect submissions or missing documents can cause issues.
Therefore, preparing in advance before a farm or land is disposed of is key to smoothing the passage for what follows, he advises.
“Early liaison with your legal adviser is very helpful to avoid blocks to a smooth transaction – that is, issues a buyer will raise to avoid registration delays later on.”
The Land Registry requires attention to detail, so ensuring the right forms are completed correctly is vital, Scott adds.
“Apart from issues around all of that, common issues may relate to compliance with restrictions on titles, which protect third-party interests such as overage, and the redemption of mortgages, especially in respect of sales of part of a title originally charged as a whole title, or with other titles.”
Applicants should ensure that any issues are spotted and addressed before proceeding with a transaction – a core part of the purchase process and the work of the purchaser’s legal adviser.
While many rural specialists will reserve the right to levy additional fees in complex or large-scale matters, advance preparation by vendors can help to avoid this.
Overage clauses that are left on the register of the title of the property when they are no longer applicable can cause further issues.
Scott says this can be overcome with either advanced preparation by the vendor or by addressing the issue early on, when it becomes evident to the purchaser from the title to the property.
“Each overage arrangement is bespoke and has the potential for causing disputes, so specialist advice is essential,” he recommends.