Question

To ask the Secretary of State for Business, Innovation and Skills, for what reasons a person registering title to a property is not required to provide proof of the applicant's identity; and whether he plans to review the requirements for proving identity when registering title to a property.

Land Registry is the land registration authority for England and Wales. It requires confirmation of a person’s identity (including when the person is a corporate body, for example a company) when an application is made to register:

· a transfer of a property or a transfer of a mortgage, both for value and not for value, for example, by way of gift;

· a lease of property, both for value and not for value,

· a surrender of a registered lease,

· a mortgage

· a discharge or release of a mortgage when the discharge or release is in paper form.

Confirmation of identity is also required on:

· the first registration of a freehold or leasehold estate following an event which induces registration, for example a sale or mortgage,

· the voluntary first registration of a freehold or leasehold estate where the title deeds have been lost or destroyed.

The confirmation of identity is required for both the person disposing or granting the interest, for example, the seller, and also for the person acquiring the interest, for example, the buyer.

Land Registry also requires confirmation of identity when a person changes their name and the change is evidenced by deed poll, a statutory declaration or statement of truth, and when a citizen applies to change their address in the land register.

Land Registry does not routinely require confirmation of identity in other situations but may ask for this before completing a registration if it considers it prudent to do so.

Confirmation of identity is also not required where the value of the land involved in a disposal does not exceed £6,000.

Land Registry’s requirements are based on the most significant fraud risks which are where an application is made to change the registered owner of a registered estate or a mortgage or their details in the register. It keeps its counter-fraud requirements under regular review and has from time-to-time introduced additional requirements to deal with identified threats.