S.I. No. 343/1999 -- Land Registration (Fees) Order, 1999

S.I. No. 343/1999 -- Land Registration (Fees) Order, 1999 1999 343

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STATUTORY INSTRUMENTS.

S.I. No. 343 of 1999.

LAND REGISTRATION (FEES) ORDER, 1999

S.I. No. 343 of 1999.

LAND REGISTRATION (FEES) ORDER, 1999

I, JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 14(1) of the Registration of Title Act, 1964 (No. 16 of 1964) , and with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Land Registration (Fees) Order 1999.

(2) This Order shall come into operation on the 1st day of May, 2000.

2. The Land Registration Fees Order, 1991 ( S.I. No. 363 of 1991 ), is hereby revoked.

3. In this Order--

“the Act of 1964” means the Registration of Title Act, 1964 (No. 16 of 1964) ;

“the 1972 Rules” means the Land Registration Rules, 1972 ( S.I. No. 230 of 1972 ), and any subsequent rules amending or extending those rules;

“the Registrar” means the Registrar of Titles;

“the Registry” means the Land Registry;

“scheme map” means a map or plan in a form acceptable to the Registry setting out the boundaries to five or more sites, where each such site is intended to be or may be the subject of an application for separate registration by way of transfer on sale or lease;

“site” includes--

(a) a part of a building the boundaries of which are set out on a plan, floor plan or drawing of a level of that building,

(b) a space at, under or over ground level;

“value” means in the case of an application for registration of a transfer on sale of registered property, the amount of the money consideration expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Registrar, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge, subject to which the property is transferred.

4. (1) The fees to be charged and taken in the Land Registry in proceedings under the Act of 1964 shall be in accordance with this Order and the Schedule hereto and, subject to paragraph (2) of this Article, all such fees shall be payable in cash, or by means of banker's draft, money order, postal order, credit transfer or cheque drawn to the order of the Registrar, or in such other manner as may be approved by the Registrar, provided that in any particular case the Registrar may decline to accept payment by cheque.

(2) The fees payable in respect of items numbered 24 and 25 of the Schedule to this Order may be paid by the retention by the Registry of such fee as is payable under this Order in respect of those items from any sum that is otherwise liable to be refunded by the Registry in respect of the application or matter concerned.

5. No registration shall be made and no other transaction shall be done or completed until the appropriate fee has been paid in accordance with Article 4 of this Order.

6. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a charge or lien for unpaid purchase money, the fee chargeable in respect of the transfer shall be determined by reference to the full amount of the purchase money.

7. Where a transfer, will or assent creates a charge (otherwise than in respect of the repayment of moneys advanced) or a burden on the property transferred, devised or vested by the assent, as the case may be, or where a transfer or assent and an instrument creating a charge (otherwise than in respect of the repayment of moneys advanced) or a burden are lodged at the same time, no fee shall be chargeable in respect of the registration of such charge or burden.

8. No fee shall be chargeable in respect of an application for--

(a) the registration of the ownership of a charge on the register of the property charged where such registration is made at the time of registering the charge as a burden;

(b) the conversion of a title under section 50 of the Act of 1964 on the initiative of the Registrar;

(c) the registration of ownership of a registered burden on the transfer of such burden, where application is made at the same time for the registration of the ownership of the transferee;

(d) registration by a Minister of the Government or the Commissioners for Public Works in Ireland where it is certified to the satisfaction of the Registrar that the fee would, but for this paragraph be payable solely out of the moneys provided by the Oireachtas.

(e) the registration of the ownership of a lease where such registration is made under Rule 123(2) of the 1972 Rules.

9. Nothing in this Order shall authorise the charging of a fee for any registration or transaction that is required by statutory enactment to be made or done free of charge.

SCHEDULE

							Fee
1.	Transfer on Sale:						£
	Application for registration of a transfer on sale where the value of the consideration is--
	not in excess of £10,000			...	...	...	100
	in excess of £10,000 but not in excess of
	£20,000	...	...	...	...	...	150
	in excess of £20,000 but not in excess of
	£40,000	...	...	...	...	...	200
	in excess of £40,000 but not in excess of
	£200,000	...	...	...	...	...	300
	in excess of £200,000 but not in excess of
	£300,000	...	...	...	...	...	400
	in excess of £300,000			...	...	...	500
2.	Application for registration of a voluntary
	transfer	...	...	...	...	...	70
3.	Application for registration of part of the property described in a folio of the register (in addition to the fee specified at Items No. 1 and 2) where the registration requires the
	opening of a new folio on the register					...	50
4.	Application for registration of a charge
	(including a judgement mortgage)				...	...	100
5.	Application for registration of a transfer order under section 90 of the Housing Act, 1966						70
6.	Application for registration of a lease as a
	burden	...	...	...	...	...	70
7.	Application for registration of transmission on
	death	...	...	...	...	...	70
8.	Application for first registration				...	...	70
9.	Application for registration of ownership
	under section 49 of the Act of 1964					...	70
10.	Application for registration of any other matter not specified at items numbered 1 to 9 of this Schedule, or otherwise specified in
	this Schedule		...	...	...	...	20
11.	Certified copy of a map, showing rights of way or other special features, or both, relating to the lands in one folio or, in the case of a
	Schedule Folio, to any particular lands					...	50
12.	Land Certificate		...	...	...	...	20
13.	Sealed and certified copy of folio with filed plan attached or extract from Schedule Folio
	with filed plan attached			...	...	...	20
14.	Sealed and certified copy of folio of the
	register	...	...	...	...	...	5
15.	Sealed and certified copy of filed instrument,
	affidavit, order or ruling			...	...	...	20
16.	Official search pursuant to Rule 190 of the
	1972 rules	...	...	...	...	...	5
17.	Priority search pursuant to Rule 191 of the
	1972 Rules	...	...	...	...	...	5
18.	Search pursuant to Rule 196 of the 1972 Rules						5
19.	Search in the indexes--
	(a) in respect of each name			...	...	...	2
	(b) in respect of each townland on the index
	of lands	...	...	...	...	...	2
20.	Search in respect of the inspection of each
	folio, map, instrument or record				...	...	2
21.	Fee in respect of making any note or entry or providing any service (other than an application for registration for which no
	other fee is prescribed)			...	...	...	2
22.	Fee in respect of approval of a scheme map by the Registry--
	(a) where the approval of the scheme map is the first such approval relating to
	a particular folio of the register				...	...	250
	(b) where the approval is a revision of a scheme map previously approved by the Registry and the number of sites or divisions incorporated in the original
	scheme map is not more than 20				...	...	500
	(c) where the approval is a revision of a scheme map previously approved by the Registry and the number of sites or divisions incorporated in the original
	scheme map is greater than 20				...	...	1,000
23.	Fee in respect of attendance of officer of the Registry to produce in Court any document						£50 in respect of each day of officer's attendance together with travel and subsistence expenses as actually incurred.
	in the custody of the Registrar				...	...
24.	Where an application for registration (where the application was lodged in the Registry after the coming into operation of this Order) is						£50 or such lesser sum as may have been paid in respect of fees relating to the application for registration.
	refused, abandoned or withdrawn				...	...
25.	Where the fee lodged with any application for registration or service exceeds the amount						£20 or the amount by which the sum paid in respect of fees exceeds the fees chargeable pursuant to this Order (whichever be the lesser sum).
	chargeable under this Order				...	...

	GIVEN under my Official Seal, this 30th day of November, 1999.
	JOHN O'DONOGHUE,
	Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Order.

	GIVEN under the Official Seal, of the Minister for Finance, this 9th day of December, 1999.
	CHARLIE McCREEVY,
	Minister for Finance.

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S.I. No. 343/1999 -- Land Registration (Fees) Order, 1999