Yes, you absolutely can, and thousands of people are saving substantial sums of money by doing their own conveyancing, and avoiding the high fees charged by solicitors these days.

There are, however, a few caveats. There’s nothing stopping private individuals from preparing and submitting the documents needed to apply to HM Land Registry to transfer or gift a property. You can complete the entire registration process without appointing a solicitor - although you’ll need to complete ID verification (we cover this below).

That said, it’s important to understand the legal boundary: while you’re free to prepare and submit your own Land Registry application, you can’t do this on behalf of someone else unless you're a regulated legal professional (such as a solicitor or licensed conveyancer). Preparing or submitting Land Registry documents as a service for others is a regulated activity.

DIY conveyancing can save you thousands of pounds in legal fees, but it’s not advisable in all situations. It tends to work well in simpler, lower-risk transactions such as:

• Gifts of property

• Transfers and Assents on behalf of deceased estates

• Inter-family transactions

• Transfers following divorce or separation

• Transfers to partners and spouses

• A Charge (mortgage) to support family or interpersonal loans

However, DIY conveyancing is not generally recommended in the following cases:

• Mortgage funded purchases

• Transfers of Part (i.e. splitting land titles)

• Arm’s-length transactions between unrelated parties (especially involving chains of buyers)

• Transactions involving significant payments

• Complex or technical applications such as applying to determine boundaries or extend leases.

While you’re free to handle your own conveyancing, choosing the correct forms and completing them accurately can be time-consuming and confusing. It often requires trawling through HM Land Registry’s Practice Guides - which are detailed, complex, and filled with legal jargon.

There is currently a total of 83 Practice Guides. Most aren’t relevant to private individuals doing their own conveyancing, but together they run to many hundreds of pages. The information is certainly there, but wading through the official guidance is time consuming and often leads to mistakes due to misinterpretation.

That’s where we come in. For a modest fee, we take the guesswork out of the process. Based on the information you provide in our intuitive intake form, our service generates accurate, HM Land Registry–compliant documents - saving you hours of research and reducing the risk of costly errors. All backed by decades of legal experience.

The forms you need to use depend on your circumstances, and the Land Registry guidance can be complex. In most cases, where you’re transferring ownership (for example “removing someone’s name from the deeds”) you'll use form TR1, supported by form AP1, the overall application form, and ID verification documents.

Form TP1 (transfer of part) is only used where the boundaries of an existing property are being changed, — for example, where part of a garden or land is being sold off to someone else.

A common mistake we see is that people try to use a TP1 to transfer jointly owned property, without intending to physically divide the property, as they relate the “part” aspect in the document name “Transfer of Part” to part ownership. This isn't right - the TP1 is only for physical division of land when the boundaries are changing, and form TR1 should be used in transfer of equity situations, where one owner is selling or gifting their share to another owner, and themselves, coming off the title.

TP1’s are only used to split an existing registered title into two plots, which is something that is not generally suitable for DIY-Conveyancers in our view.

Form AS1 is the Assent form, which is often used when transferring property on behalf of a deceased estate, although this itself requires further considerations (see below).

We deal with each of the main forms in the sections below, for guidance.

Our service is designed to take the pain out of selecting the correct forms and completing them. Our intake form is designed by legal professionals, asking the right questions, to ensure that the correct forms are used and that the forms are generated accurately for your individual circumstances.

Yes — in almost all cases, Form AP1 is required. It’s the main application form that tells HM Land Registry what you’re applying to register and lists the documents you’re submitting in support.

Our service includes a fully completed AP1, generated from the answers you provide in the intake questionnaire.

Just try to answer carefully and read any notes or guidance that appear as you go — the form adapts based on your input, so you get the right version for your situation.

Form TR1 is a basic transfer of whole deed. It is the most common type of Land Registry deed used to transact land in England and Wales and applied in 95% of cases.

It’s used when:

• the entire property is being transferred from one or more people to someone else

• someone is being added to or removed from the ownership

• or when a joint owner transfers their share to another incoming owner.

If anyone is “coming off” or “coming on” to the title, for example if one partner is leaving and someone else is taking their share of the property, this is done on form TR1. It is also the form that is used where someone completely transfers their ownership to someone else.

Our guided intake form figures all this out for you based on your answers, using our legal experience to make sure you get the right forms without the guesswork.

The TP1 Form is a Transfer of Part. This is significantly more complicated than the TR1 form, and is only rarely needed in practice. It is used to transfer a parcel of the land in a Land Registry title boundary out of that title boundary, such that the land transferred is given a new title number and boundary plan, and the seller retains the land in the original Land Registry boundary apart from the land sold off.

An example of when to use a TP1 is when you are selling off some garden land to a neighbour.

Do not use a TP1 in the following cases:

• Where you are trying to determine a boundary in circumstances where no land is intended to change ownership, just the boundary needs determining between adjoining owners.

• Where someone is transferring part of their ownership to someone else. For example, if Fred owns a house and wants to transfer part of his equity to Jane, they should use form TR1 Transfer of Whole not form TP1 Transfer of Part. This is because they are transferring the property as a whole between them, not part of it physically.

Do use a TP1:

• Where you intend to transfer only some of the land you own so that the boundaries change. So, if Fred wants to transfer some of his garden to his neighbour Sarah, a TP1 is the way to go.

In practice TP1 forms are complex documents and we think they are unsuitable for DIY Conveyancing in most cases. Splitting Land Registry titles often necessitates creating rights (easements) so that both new distinct plots can be independently used and enjoyed with all necessary access and services. Very often it is not immediately apparent to someone without training and experience what sort of provisions are needed and how they should be worded.

Also, TP1 applications require highly specific plans that comply with HM Land Registry’s rules for plans (see Practice Guide 40). Plans must precisely align with Ordinance Survey records, and it's usually best to get help from a surveyor who specialises in Land Registry-compliant plans.

In addition, HM Land Registry have very stringent rules regarding plans (contained in the six supplements comprising Practice Guide 40. These rules are strictly imposed, and the effect is that it can be difficult to correctly prepare a compliant plan that matches HM Land Registry and Ordinance Survey records, and professional guidance from a surveyor specialising in Land Registry compliant plans is strongly advised.

Form AS1 is an Assent — which is the form that is used by executors or personal representatives to transfer a property after the legal owner has passed away.

The AS1 is only suitable where the property is being passed directly to the beneficiary or beneficiaries named in the will or under intestacy.

Use a TR1, not an AS1:

• If the estate is selling the property on the open market (AS1 doesn't include buyer/payment details, so a TR1 is used to record that aspect in these types of sales)

• where 2 or more people are named as beneficiaries who inherit a property, but where 1 or more wants to buy another beneficiary out, these circumstances also require use of a TR1, rather than an AS1. This is so that the financial arrangement between the beneficiaries can be recorded.

In all other cases an estate will use the AS1 form to make transfers of Property in accordance with the will.

Our intake form establishes if the owner has passed away, and guides you through the correct steps — including generating the AS1 or TR1 where appropriate depending on your circumstances.

The Transferors are all of the current owners of the property as set out on the register before any transaction takes place.

Owners should be listed as Transferors even if they are staying on the title. All of the registered owners need to be listed.

If any owner if represented by an Attorney signing for them under a Power of Attorney, then the Attorney should be listed as Transferor “as Attorney for …” the owner in question.

Our intake form is designed to ensure this section is correctly completed. Please just answer the questions accurately taking account of the embedded information tags.

The Transferees box should list all of the people who are intended to be owners of the Property after the change in ownership has completed.

If there are any owners who owned the property before the transfer, and who continue to own it after, they should still be listed as Transferees. The point is to include as Transferees all the owners, not just new owners.

Our intake form guides you through the process of completing this section correctly.

If money is being paid by the incoming owner, or if they are taking on a mortgage debt, the top box should be ticked stating:-

“The transferor has received from the transferee for the property the following sum (in words and figures):”

Then the sums involved should be listed below.

If the property, or share in it, is being gifted, as an absolute gift free of mortgage, the second box should be ticked stating:-

“The transfer is not for money or anything of monetary value”.

If you are married or in a civil partnership and are divorcing or dissolving the partnership, the third box should be ticked. List either the financial consent order (if in place) or, if not, we use generic wording stating that the transfer is made in contemplation of a financial settlement and as part of the settlement on the divorce or dissolution.

Our intake form asks about money changing hands. Please answer the section accurately using the embedded information tags where needed. This section will be auto generated along with the rest of the forms. We just ask that you read it to check it is as you expect.

A “full title guarantee” means that the seller is not aware of any title issues which haven’t been revealed, (like unregistered mortgages, rights of way, or other encumbrances they haven’t disclosed).

A “full title guarantee” should be expected from anyone other than a personal representative selling on behalf of a deceased estate – in these cases the executor has limited knowledge of the title and should only provide a limited title guarantee.

Our intake form is custom designed by industry leading experts to select the correct title guarantee provisions based on your circumstances.

If you own a property jointly, you need to decide whether you will own as:

• Joint Tenants - this means that you own the property jointly on the basis that, if one of you dies, the surviving owner automatically becomes the sole owner of the property, regardless of what’s in the will. This is known as the “right of survivorship”. This structure is often used by couples. In some circumstances it can be beneficial for inheritance tax because the property ends up with the intended beneficiary automatically and not by passing through what may be a taxed estate.

• Tenants in Common – This means you each own a distinct share, either 50/50 or in some other proportion (e.g. 70/30). You’re free to set whatever proportion you like, and this is then stated in the Transfer Deed. If one of you dies, that person’s share passes to their beneficiaries under their will (or the intestacy rules), and the surviving owner doesn’t inherit the deceased person’s share of the property unless the will or intestacy rules expressly provide that this is the case.

When completing a TR1, TP1 or AS1 form, if there will be more than 1 new owner, you must declare how the new owners will hold the property as between themselves.

Our service prompts you to choose between joint tenants or tenants in common (with an explanation embedded into the intake form) and our system auto-generates the necessary “Declaration of Trust” section of the transfer deed based on the replies given.

HM Land Registry requires an address for service for each new owner — this is the address where any official notices (including legal proceedings) can be served.

You must provide at least one address, but you can include up to three, which can be a combination of:

• Your main residential address (Note: this becomes part of the public record - anyone can look it up)

• A service address (for example your accountant may offer a forwarding service)

• Your main email address.

Our intake form guides you through this and gives you the flexibility to choose the combination that works best for your situation.

The CH1 form is a form that creates a Legal Charge (effectively a mortgage) over registered land. It’s used to secure debts against someone’s property.

Mortgages and Charges don’t have to be created using form CH1, but it’s a standard format that makes DIY-Conveyancing and Land Registry processing more straightforward.

This is a useful mechanism that is used by banks and other secured lenders to secure their loans. It’s now open to you with just a few clicks on our service.

Using a CH1 allows you to secure private non-interest-bearing loans against someone’s property and this security means that the loan is not taken entirely ‘on trust’ but rather against the security of the equity in the house. In the context of DIY conveyancing people often use CH1 forms to create legal mortgages in the following common situations:-

• Where parents lend money to an adult child for a deposit – in addition to the security for the loan this mechanism can help protect the parental investment from falling into the hands of the adult child’s spouse in the event of relationship breakdown

• As security when substantial sums are lent between friends.

Caveats for CH1’s - there are a few caveats for using CH1’s to secure debts:-

• Private individuals generally can’t charge interest on private loans without registration under consumer credit legislation. Our forms are only suitable for securing no-interest loans.

• Non-interest private loans (for example parents or family members / friends lending deposit monies to adult children) can be easily secured in this way.

• NOT ADVISED FOR LOANS TO COMPANIES - There are extensive and extremely stringent rules for companies which require anyone taking mortgage security from a company to register the charge at Companies House within 21 days of the date of the charge using form MR01. This process can be difficult because laser accuracy is required on the forms, and if the deadline is missed at Companies House, the charge :

1. Can’t be enforced in the insolvency of the company (which is exactly the time you would want to enforce it!)

1. Can’t be registered at Companies House without extremely protracted litigation; and

1. Therefore, offers only illusionary security.

However, in the right circumstances, of inter family or loans between friends, with no interest other than perhaps inflation linking (e.g. RPI), this is an ideal option that allows you as a private lender to get the security you need to help with that family member’s property investment, registered at HM Land Registry, on compliant terms.

Please note:-

• You need an underlying basic loan agreement to record the advance made and the terms on which repayment can be made. These can be obtained easily online or drafted out carefully. Our service does not provide the loan agreement and simply states that the CH1 Secures the monies loaned on or around the date of the CH1, but it is best to have a separate loan agreement to regulate this aspect.

• If there is an existing mortgage, you will need permission (sometimes called “consent”) from the borrower’s mortgage lender to register the CH1 as a “second charge”, and they may want to see the completed CH1 form. But consent to 2^nd mortgages like this is generally not something that lenders obstruct, although some lender’s requirements vary. However, you need to be comfortable that the lender will become aware of the additional loan. We suggest speaking with your mortgage advisor or conveyancing solicitor on your purchase before requesting consent to a second charge.

• In the absence of permission from the 1^st ranking lender, the CH1 charge can be registered as an equitable charge, which still provides security to lenders, but this is not ideal as many mortgage lenders don’t like to see equitable charges registered behind their own charges. However, depending on the circumstances, this may be an option.

The DS1 form is used to discharge a legal charge (mortgage) and to remove it from the property title.

Most commercial lenders deal with discharges electronically with HM Land Registry and do not use a paper DS1. However, private lenders — such as parents who secure a deposit loan against their child’s property — must complete a DS1 once the loan is repaid and the security is no longer needed.

In this case, the lender (for example, the parents) signs the DS1 as a deed, meaning it must be signed in the presence of a witness.

Our automated service can produce completed DS1 forms and all the required supporting documents. So, if you need to discharge a charge, we can help.

Land Registry documents need to be completed accurately to allow them to be registered, otherwise your application can be rejected or delayed.

The most common mistakes include:

• Leaving out required sections (e.g. title numbers, signatures, or dates)

• Errors with names, addresses and title numbers (which need to be 100% accurate)

• Using the wrong form (TP1 instead of TR1, for example)

• Failing to declare how joint owners will hold the property (joint tenants vs tenants in common)

• Forgetting to include supporting documents (e.g. ID1, AP1)

Our intake questionnaire has been designed by legal experts to help prevent these mistakes.

It prompts you only for the information that’s relevant to your specific situation.

Just take your time, read the guidance pop-ups carefully, and complete the form accurately — and we’ll do the rest.

This part’s straightforward:

• Each person signing the document should do so on the dotted line above their printed name where it appears towards the end of the document.

• Every signature must be witnessed.

Who can be a witness?

• Anyone over 18

• Who is not a party to the deed

• Nor a close relative of any of the parties

It doesn’t need to be a solicitor or professional — the key is simply that the witness is independent. A neighbour, friend, or colleague is usually ideal.

The witness needs to:

• Sign below your signature

• Write their full name

• Add their address

Our tailored forms come with built-in signing instructions, so this step should be quick and stress-free.

Yes. If the property owner is unable to sign the forms themselves, a validly appointed attorney (for example under a Lasting Power of Attorney or Enduring Power of Attorney) can sign on their behalf.

You will need to include with the application:

1. A copy of the registered Power of Attorney (certified on every page),

1. A short statement confirming the attorney is still validly appointed and able to act,

1. The attorney’s signature on the TR1, CH1 or AS1, clearly stating that they are signing as attorney (e.g., “John Smith, attorney for Jane Smith”).

1. If the donor has lost capacity, the Power of Attorney must be registered with the Office of the Public Guardian. Note that acting under POA is not a workaround for ID requirements — the attorney will also usually need to complete ID1/ID5 checks.

No, anyone doing DIY-Conveyancing needs to print the TR1, AS1 or CH1 form, sign the hard copy with a “wet ink” signature (any pen will do, but best to use blue or black), and have it witnessed. These forms (TR1, AS1 or CH1) cannot be signed electronically where people are doing their own conveyancing.

There is a limited scheme for electronic signature in some cases but one of the requirements is that each party is represented by a solicitor, and a convoluted process is then imposed requiring input from the solicitors. This process is not suitable for anyone doing DIY-Conveyancing, and in fact electronic signatures are rarely used even by large law firms.

The AP1 application form can be signed electronically but you need the printed copy to apply so we recommend printing it and physically signing and dating the required section 15 “Signature of applicant” section on the back page of the AP1.

No this is not a requirement. Usually, the various documents being sent in (TR1, AP1 and ID1 etc) will all have different dates on. This is normal and will not cause issues.

This is the most important date to get right. The date of the main supporting deed will be the date of “completion” of the transaction.

In the case of a Transfer, this will be the point at which you consider the Property to have changed hands.

If a monetary payment is being made it will usually be made on the date of legal completion – i.e. the date of the TR1.

In many private DIY-Conveyancing situations the date of the main supporting Deed won’t make much difference, but you shouldn’t date the main supporting deed until:

• everyone has signed

• any agreed payment is made (unless you have agreed in writing to defer payment)

• the lender has consented (if needed)

• the freeholder has agreed (if leasehold and if needed)

• the Probate or Letters of Administration have been granted in the case of a deceased estate,

Note that if an SDLT return needs to be submitted , then it must be sent in within 14 days of the date of the TR1, failing which a penalty (starting at £100) is imposed by HMRC.

Sometimes, it’s best to wait until you are ready to send in the SDLT1 return (if needed) before dating the TR1, to avoid breaching this 14-day SDLT filing rule.

Once the main supporting deed has been dated, you should not redate the document.

These should be dated on the date on which you send the application in to HM Land Registry. It doesn’t matter if these are dated after the main supporting Deed (i.e. the TR1, AS1 or CH1).

HM Land Registry mandate that the forms can’t be dated more than 3 months before the date when the application is submitted to them. If more than 3 months elapses after doing the ID check then new forms are needed. Our favoured ID verification provider, www.id5.co.uk can reproduce updated forms in most cases for a fee of £25, although this assumes you haven’t moved or changed passport since the forms were initially signed.

These should just be dated in the normal course of events without specific reference to the HM Land Registry application.

Yes. Even though you don’t need to use a solicitor for DIY-Conveyancing, you still need to verify your identity with a solicitor or qualified professional. HM Land Registry requires formal ID confirmation for all parties involved in a transaction.

This applies to everyone on the title — even if you're not transferring your share but are remaining on the title, you still need to complete an ID check as an owner of a property that is the subject of a wider Land Registry application.

Luckily the ID check can be done online these days over a quick video call and at low cost. We recommend www.id5.co.uk - the UK’s leading providers of solicitor-led online ID checks.

They offer:

• ID1 and ID5 verification by Zoom call for £69

• Online appointment bookings, including out of hours and weekend slots

• International Residents accepted

• Fast turnaround and a fully streamlined service

It's quick, easy, and accepted by HM Land Registry.

Any high street solicitor can offer ID1 forms, but in practice many are reluctant to do so, and availability is patchy.

Fees vary widely, from £50 to over £500, and it’s not unusual to face waiting times of several weeks for an appointment, perhaps longer for the completed forms.

It’s also important to note that, in some areas, no solicitors offer the service on the local high street.

Its generally quicker cheaper and easier in our experience to use an online provider of ID1 and ID5 forms such as www.id5.co.uk.

Yes, the ID check can technically be signed off on form ID3 by any of the following professionals:-

• Medical doctor

• Dentist

• Chartered or certified accountant

• Regulated financial adviser

• Member of Parliament

• Member of the Senedd

However, there are unfortunately significant caveats. Many of these professionals are unaware of their ability to sign ID3 forms, and so most do not offer ID verification services in practice. In addition, the person verifying the ID3 needs to send their own passport details to HM Land Registry, which many are reluctant to do.

In addition, it's important to note that these approved professionals cannot sign off an ID3 in respect of a transaction that they are involved in. An executor that is an approved professional can’t for example, sign off an ID3 to approve the identify of one of the beneficiary transferees, regardless of the executor's professional status.

Yes, foreign nationals and those residing overseas can still do their own conveyancing - although as with any application, all parties need to obtain ID verification.

You must use form ID1 (and ID5 if done online) signed in the presence of a UK solicitor or consular official (e.g., at the British Embassy).

ID verification for HM Land Registry is available for a modest price online, by videocall. Our recommended provider, www.id5.co.uk, carries out online verification for most foreign nationals via video call, but you must have a valid passport and complete the verification process remotely.

No, gifts of land are exempt from Stamp Duty Land Tax (SDLT) and no stamp duty return needs to be submitted when the transfer is by way of gift.

It is important to point out though that it must truly be a “gift” to be exempt, and this can catch people out in cases where the incoming owner takes on responsibility for an existing mortgage debt. This represents an “assumption of debt”, which counts as if money had been paid (usually taken to be half the amount of the total mortgage), negating the gift element and (depending on the suns involved) triggering SDLT, and the requirement to file an SDLT1 return.

Similar rules apply in Wales – gifts are exempt from Land Transaction Tax LTT, but you need to be sure it is an absolute gift and that no mortgage debt is assumed or other value is given, which negates the gift and can mean tax is payable.

If you are getting divorced or if you are applying for dissolution of your civil partnership, then any transfers of houses or flats made between the separating parties are exempt from SDLT provided they are made under either:

1. A court order in the divorce proceedings; or

1. A formal written and signed agreement between the couple in connection with the dissolution of their marriage or separation order.

In practice HMRC are quite fair here, provided there is clear written agreement that the transfer is part of a divorce settlement, the SDLT exemption applies. The written agreement in question, can be in the Transfer Deed itself, provided both parties sign it.

Our intake form clarifies whether the transfer is part of a divorce settlement, and if it is, our automatically generated TR1 form contains the appropriate wording stating that this is the transfer is part of a divorce settlement. Provided both parties sign the TR1, this clause is generally sufficient for HMRC to accept that the transfer is part of a divorce settlement and therefore exempt from SDLT.

Again, similar rules apply in Wales, such that transfers in connection with divorce are exempt from LTT on the above basis.

The SDLT exemption for divorcing couples does not apply to couples who are unmarried or not in a civil partnership (“unmarried couples”).

Payments made on property transfer between unmarried couples that are separating are subject to the normal SDLT rates and thresholds, and if £40,000 or more is being paid for the property by the ongoing owner, then a SDLT1 return needs to be submitted.

Furthermore, if the continuing owner pays £125,000* or more to the existing owner, SDLT will be triggered.

It’s important to note that the amount paid by the incoming owner includes:-

1. All sums paid; and

1. half the amount of any mortgage secured on the property.

* This is based on rate of duty applicable as of August 2025.

In these cases, the normal SDLT rules apply, so if the amount paid by the incoming party exceeds the SDLT threshold (currently £125,000), then SDLT will be payable by the incoming owner at the normal rate.

The same principles apply in Wales with Land Transaction Tax.

No, if the sum paid by the buyer is under £40,000, of if the property is gifted, no SDLT return is needed.

However, if the buyer takes on mortgage debt, this counts as money being paid by the buyer, which can easily take you over the £40,000 threshold.

If you’re acting without a solicitor or conveyancer, you must submit a paper SDLT1 return. HMRC’s online “Stamp Taxes Online” service is not available to unrepresented individuals - it’s for solicitors/ tax agents only.

The process is as follows:

a. You need to order paper copy forms. They come with a reference number printed on so cannot be downloaded. You can obtain them either:

• By ordering them online from HMRC.

• By calling HMRC on 0300 200 3511 to request copies.

b. Complete Form SDLT1 carefully using HMRC’s guidance notes. The notes are sent out with the paper forms, but are also available online here. They are helpful and should be consulted in all cases if an SDLT return is needed.

You need details of the property, the parties, the amount paid, and the valid local authority code for the property which you can obtain here.

c. Pay any Duty – You can use the HMRC SDLT calculator to check the amount of SDLT if any that you have to pay.

if you have assessed that SDLT is payable (which will usually only be the case if the minimum SDLT threshold is exceeded – currently £125,000*, then you need to send HMRC a cheque (quoting the UTRN printed on your SDLT1 form on the back) or bank transfer (quoting the UTRN number printed on your SDLT1 form as a reference).

Search for “Pay SDLT online”, a .gov.uk service, and follow the instructions. Payment must be made within 14 days of completion, failing which a fine is imposed.

d. Post the return to HMRC’s SDLT at the address below (although you will be given a pre-addressed envelope:

BT Stamp Duty Land Tax HM Revenue and Customs BX9 1LT

We suggest using Royal Mail Tracked 24 Post, (not signed for). Keep a copy of the return and date on which payment was made.

e. Receive the SDLT5 certificate (your “submission receipt”). HMRC sends this after processing. You’ll include SDLT5 in your Land Registry application. If anything’s missing, HMRC issues an SDLT8 query first.

f. Include the SDLT5 Submission Receipt with your application to HM Land Registry.

* Note that taking on mortgage debt counts as if cash were being paid so if you take on 50% of a property with £255,000 mortgage, with no cash being paid at all, SDLT would be triggered because £255,000 / 2 = £127,500. The SDLT due assuming the buyer didn’t also own other properties would be £50.

People are sometimes surprised to learn that gifting a property can sometimes give rise to a Capital Gains Tax liability on the person making the gift, and it is important that this aspect is considered.

The reason for this is that gifting a property is seen by HMRC, for the purposes of Capital Gains Tax, as a presumed “market rate sale”. This means that, for the purposes of CGT, the parties must assume that the asset was sold for its full market value, and if the seller has made a chargeable gain on this basis, CGT is payable as if it were a cash sale at market price.

There are some important exemptions that apply in many cases. Specifically:

• If the property is the main residence of the person making the gift, the gift is exempt from CGT. Partial relief rules apply where the person making the gift has used the property as a prime residence for part of their period of ownership.

• Gifts between spouses or civil partners are treated on a “no gain no loss” basis and are exempt from CGT.

• CGT on some business assets that are gifted can be deferred.

• No CGT is payable for transfers made in connection with divorce.

If you are gifting a property that is not your main residence outside of the context of a marriage, divorce, or civil partnership, and if that property has increased in value since you purchased, then you should budget for CGT based on the property’s market value at the time of the gift.

You can deduct costs of acquiring and maintaining the property from the capital gain you make based on market value. After then you have an annual exempt amount of £3000* (in 2024 /2025) for gains realised in the current year, and then Capital Gains Tax is charged at a rate of 18% on gains made by basic rate taxpayers, and at a rate of 24% on gains made by higher-rate taxpayers.

* Note: married couples and civil partners have one shared annual CGT allowance (£3,000 in 2024/25), not one each.

It is also important to point out that there can be significant elasticity on the concept of ‘deemed market value’, which can impact the amount of tax payable. It can be useful to obtain a valuation to prove a particular value is substantiated, rather than making unsupported estimates, which can be challenged by HMRC later.

If there is significant CGT payable it is therefore advisable to obtain a RICS surveyor’s valuation of the property to be gifted so that the amount payable can be properly calculated by reference to the surveyor’s formal valuation.

No, CGT is not generally payable when properties are being transferred in the case of divorce or the ending of a civil partnership, and the deemed market value rule doesn’t apply in these cases.

If you gift property to your husband, wife, or civil partner (and you’re living together), the transfer is treated on a “no gain, no loss” basis, meaning no CGT is payable. This does not use up your joint CGT allowance.

You have to report any Chargeable Gains and pay any Capital Gains Tax due on UK residential property within 60 days of selling the property or completing any gift.

You can use the Government’s user friendly calculator to work out if you have to pay Capital Gains Tax, which is here.

Submitting CGT returns can be done via the Government Gateway. Follow this link https://www.access.service.gov.uk/login/signin/creds.

Alternatively, you can instruct a qualified accountant to prepare and file the return on your behalf, taking account of all available reliefs.

A fee is payable to HM Land Registry for processing your application, and you need to send the correct fee to them when you apply.

The amount of the Land Registry fee depends on the type of application being made, and either the value of the property being transferred (if no payments are being made) or otherwise, the amount actually paid.

The main determining factor is whether or not the property is being transferred for a monetary payment, or without any payment being made, which will depend on your circumstances.

1. In the case of gifts, assents and transfers made without monetary payment being made, you need to assess the market value of the property being gifted, assented or transferred and work out the fee based on the below:

Please note that if you are gifting part ownership of a property (for example you own 50% and are gifting that equity) you should calculate the fee based on 50% of the overall property value.

1. In the case of transfers of land for monetary payment (i.e. where one party is paying money to the exiting owner for their share, or where mortgage debt is being assumed by the incoming owner), you need to calculate the Land Registry registration fee based on the actual amount being paid based on the below:

1. In the case of a charge (form CH1):

1. In the case of a discharge of a Mortgage or Charge (form DS1) :

No fee is payable.

1. Change the property description or the name, address or description of any person referred to in the register.

No fee is payable.

The exact answer depends on your circumstances - our service is designed to take the pain out of this by providing a completed pack of documents, which includes all the Land Registry forms fully filled in for you, along with a tailored checklist.

You will need to apply in writing, using printed and “wet ink” signed documents.

In summary you need to send:

• Cover letter – not formerly required but a good idea and included with our pack

• Completed AP1 form – overall application form

• Supporting Deed or Form for the Transaction (e.g. signed TR1, or AS1 or CH1)

• Evidence of Identity Forms – ID1 and ID5. These are available from third party suppliers and not included in our service. These cost from £69.

• Stamp Duty Land Tax (SDLT) Certificate or Land Transaction Tax (LTT) Certificate (if applicable – see our SDLT section):

• Any supporting evidence – for example Grant of Probate if you are transferring for a Deceased Estate, or Marriage Certificate as evidence of change of name by marriage.

Taking these in turn, we comment in more detail below:-

Cover Letter

We find it is useful to include a letter stating that you are applicants in person, and that you are seeking to register a stated change – for example transferring a property by assent following a death. The letter should include details of the person sending in the application (usually one of the parties to the Transfer or assent), and the date of posting. Also, note that HM Land Registry destroys original documents sent in after scanning, so if any documents have any sentimental value and if you want them back, it is best to list them as Cherished Documents in the cover letter to signal this.

Form AP1

The AP1 is the main application form to HM Land Registry. It is designed to tell the Registry:-

• Which land you are dealing with.

• The type of transaction you are applying to register.

• The parties to the transaction.

• The applicant (usually this will be:

1. the recipient in the case of a Transfer,

1. the personal representative in the case of an Assent, and

1. the lender in the case of a charge

• The price paid for the Property buy the Buyer

• The Land Registry fee believed to be payable

• The deeds and documents being submitted for registration - for example a TR1 (Transfer of Whole), AS1 (Assent) or CH1 (Legal Charge).

• Any other evidence submitted (such as SDLT return receipt or grant of probate – what is needed depends on the situation and our system is designed to help you work this out and complete the AP1 correctly)

The AP1 form is generated by our service based on the information you provide when completing the intake form. Some of the sections, for example the identity of the applicant, could have more than one valid answer, so we provide this form to you with the other documents in editable Word format as well as by pdf.

Supporting Deed for the Transaction (e.g. signed TR1, signed AS1, signed CH1)

This will be the main deed that you are registering – so a TR1 in the case of a Transfer of Whole (which is what is used in most cases).

If the property is being transferred for a deceased estate, this can either be an AS1 or a TR1 depending on the situation (see here).

If you are registering a new charge, it will be CH1, and if you are discharging an existing charge, you will be sending in form DS1.

Our system is designed to select and automatically complete the correct Form based on the information you provide in the intake form in order to save you time working through the details of the forms yourselves.

Evidence of Identity Forms – ID1 and ID5

Even though you can apply yourself to HM Land Registry you do need to have an ID check done by a solicitor or similar professional. The easiest way to do this is via one of the online providers of ID1 and ID5 checks. The UK’s leading provider is www.id5.co.uk who offer the service for £69 online with rapid delivery. Please see our ID section for further details on the process.

SDLT Return Receipt (if needed)

The first question here is to determine whether an SDLT return is required.

In the case of a gift, transactions connected to divorce, or where the amount paid by the buyer is less than £40,000, no SDLT return is needed. Just send in the application without reference to an SDLT return.

If more than £40,000 is being paid by the incoming owner, and absent of any divorce proceedings, an SDLT return will need to be filed. This can be done online or by way of a paper-based return using form SDLT 1 (see here for details).

Once the return is submitted HMRC will provide you with the “Submission Receipt” which they also call form SDLT 5. It is the Submission Receipt – i.e. the SDLT 5, that is sent to the Revenue.

Any supporting evidence

What (if anything) is needed depends on the circumstances of your application. Examples of additional evidence you may need to send include:

• Grant of probate or Letters of Administration in the event you are registering a transfer or assent for a deceased estate.

• Executed Power of Attorney – if anyone is acting as an Attorney and signing for someone else.

• Death Certificate if someone has passed away.

• Marriage Certificate or Deed Poll to explain change of name.

• Discharge of any charge

• Any documents needed to comply with a Restriction on the title.

Our guidance notes, which are automatically tailored to your circumstances, form part of the pack available for download once our intake form is completed. These contain details of the supporting evidence we expect you to need to supply.

HM Land Registry may also request additional documents. If anything is missing, they will usually issue a ‘requisition letter’ asking for the information, rather than rejecting the application outright. This means your application will still be accepted initially, but processing will pause until you provide the required evidence.

Wherever possible, it’s best to send in originals. So print the cover letter and AP1 and sign and date them to accompany your application.

In the case of the Supporting Deed for the Transaction, so form TR1, AS1, or CH1, HM Land Registry only accepts original wet-ink signed versions. We recommend printing and signing two or three originals at the same time, and dating them all on the same date. This way you have a spare if one is lost or HM Land Registry requests another, avoiding the delay and cost of arranging certified copies from a solicitor.

You should keep copies of the SDLT5, but send the original in in the first instance, only reverting to the copies if it is misplaced. The copies of this document do not need to be “certified copies”.

For supporting documents (e.g., probate, marriage certificate, deed poll), you can:

• Cherished documents – note in your cover letter that you want the original returned as it is a Cherished Document. HM Land Registry will usually scan it and send it back (always in the case of marriage certificates etc), but they retain discretion here and may disagree with your assessment of whether the document should be returned.

• Certified copy – safer for irreplaceable items. Send a solicitor-certified copy and keep your original secure. Solicitors will provide |Certified Copy’ documents for a modest fee, usually around £5 per document.

Anything not marked as a cherished document is usually shredded after scanning, so choose the safer route for anything you can’t risk losing.

If you do need a certified copy of a document, contact your local High Street solicitor and say you need a document copying and certifying as a certified copy for HMLR. The form of wording they should use ion the front of each certified copy document is:-

“I certify this to be a true copy of the original dated ……..”

(then)

“signed ……………… [signature]

Name printed ………………

date ………………”

You should send your application form AP1 and all additional included documents by post to:-

HM Land Registry Citizen Centre PO Box 7806 Bilston WV1 9QR

We suggest using Royal Mail Tracked 24 (No signature) service. This costs £3.60 for up to 1kg, of large letter size (35cm length X 25cm width X 2.5cm thickness) which should cover most HM Land Registry applications. You get a tracking number so have proof of delivery.

If you’re applying to HM Land Registry yourself (DIY), there’s no facility for paying by Direct Debit — that option is only for professional accounts.

For one-off applications, you can pay by:

• Cheque – made payable to ‘HM Land Registry’ (write your title number on the back).

• Postal order – These are available for purchase over the counter at branches of Post Office. They should be payable to ‘HM Land Registry’ and as a reference should list the title number on the reverse side.

Enclose your cheque or postal order in the same envelope as your forms. Make sure the amount is correct (see our fees section) and use a secure/tracked postal service so it doesn’t get lost. We suggest Royal Mail Tracked 24 (no signature) post.

Warning: If the payment is wrong — even by a small amount — HM Land Registry will not process your application. They’ll return the entire pack to you, and you’ll have to re-send everything, which can cause delays. Double-check the correct fee before you post.

Transferring the property to one of you is quite straightforward, and if the divorce or dissolution of your civil partnership has been protracted and involved legal advisors, you’ll be pleased to learn that it can be done without solicitors using our service to prepare accurate documents, which you can then sign and send to HMLR yourselves at minimal cost.

To transfer to your spouse:-

• You use form TR1 – our service guides you through this process and is designed to include the extra provisions needed for divorcing couples where applicable, all based on our intuitive intake form.

• You should consider the issue of financial settlement with your partner. This can be complex, but from the point of view of transferring the property, once you have agreed what is happening to the Property, the conveyancing documents need to refer to that and whether you have signed a financial consent order, or whether this has not happened and the transfer is made on a provisional basis but in contemplation of the divorce settlement. This is important as it tells the authorities that the divorcing couple are entitled to some tax allowances on the divorce, for example SDLT. Our intuitive intake form asks the right questions to guide you through the process—then automatically completes the forms you need, ready to use immediately.

• You’ll need permission from your lender to allow one party to take over the loan. Sometimes a new borrower takes over from the person who is coming off the mortgage. You should discuss this with a mortgage advisor or with your lender directly.

Transfers made in connection with divorce or civil partnership dissolution are exempt from SDLT (or LTT in Wales).

The transfer deed should clearly state that the transfer is:-

• Made in accordance with a Financial Consent Order; or

• Part of the financial settlement of the divorce.

The SDLT section above has further details.

CGT is not normally payable when property is transferred as part of divorce or civil partnership dissolution arrangements.

A Notice of Severance ends a joint tenancy and converts ownership to tenants in common. This is common during relationship breakdowns where a party no longer wishes their share to pass automatically to the other upon death. Instead, they want to own a defined share they can leave in their will.

You can sever a joint tenancy unilaterally and register the change with HM Land Registry by submitting:

• Form SEV

• The Notice of Severance

Our system can generate these documents for you based on your answers to our intake form.

It’s very straightforward, and this is exactly the type of situation our service is designed for.

The steps are as follows:-

1. Simply answer some basic guided questions in our intake form and pay a small fee.

1. Our system produces the correctly completed documents based on your circumstances. These are available for download and emailed to your email address.

1. You then need then need to print the forms

You need to send forms AP1 and TR1 to HM Land Registry with the right fee.

If you have a mortgage, you will also need the lender’ permission, but generally, if there is a mortgage being transferred, the lender will want a legal professional involved in the transfer process.

The normal SDLT rules apply. So, if the incoming owner pays less than £40,000 for their share of the property, no SDLT return is required, but if more than £40,000 is paid, an SDLT return needs to be sent in to HMRC and the SDLT5 Submission Receipt should accompany the application to HM Land Registry.

If the minimum threshold is exceeded (currently £125,000), then SDLT is payable.

Please remember that if you add someone to the title, they will be implication take on half the mortgage debt. This counts as money paid, so it someone takes on a 50% share of a £260,000 mortgage, they will be taken (for the purposes of SDLT) to have paid £130,000 for the 50% share of the property and SDLT will accordingly be triggered.

Transferring property for a deceased estate is straightforward and it’s easy to do this sort of thing yourself, without involving expensive solicitors.

The first step is to obtain the “Grant of Probate” (if the person that has passed away has a will) or “Letters of Administration” (if the person had no will and dies “intestate”).

Once the Grant of Probate or Letters of Administration is obtained, the executors can transfer properties as per the deceased person’s Will, if there was one, or under the intestacy rules, if no Will was left by the deceased.

The type of forms you need to fill in when transferring for a deceased estate depend on your circumstances. Our intuitive intake form is specifically designed to identify the correct forms based on the answers given to our simple plain English intake questions.

With that said, to explain:-

1. If you as executor are transferring to a beneficiary, as per the Will or intestacy rules, you should Assent the property using form AS1 (supported by the overriding application form AP1 and ID1 / ID5).

1. If the Will directs that the property is sold and funds released and distributed the correct document to is a Transfer Deed – form TR1 (supported by the overriding application form AP1 and ID1 / ID5).

1. If, as is often the case, two (or more) people jointly inherit a property, but only 1 wants to own it and the other person wants to take their money out, you need to use form TR1 (Transfer Deed) rather than an AS1 (Assent). This is because the TR1 form has provisions to record the financial aspect of the transaction, as between the parties, which can have important consequences. The AS1 form doesn’t have a section allowing for any record of financial transaction to be made, so is not appropriate for use in these circumstances.

Our intake questionnaire guides you through these issues, allowing our system to correctly identify and complete the forms you need based on your own circumstances.

Yes, if multiple executors are appointed, they usually all need to sign unless the Grant of Probate indicates that they can sign deeds independently, which is unusual.

No, the executors may need to pay Inheritance Tax, but once this is paid the properties can be transferred free of any SDLT or CGT liability.

A gift of land has important tax consequences because :-

1. It is exempt from SDLT

1. It may give rise to a Capital Gain Tax liability for the person who is making the gift, as the gift is deemed as a market value sale.

1. The gift may amount to a potentially exempt transfer for the purposes of Inheritance Tax, provided that the person making the gift lives for 7 years. If they pass away before that point, the amount of IHT due on the gift is tapered over the 7-year period.

Our intake form establishes if payment is being made or if the property is gifted, and the TR1 is completed accordingly with all the correct provisions in place. Please just make sure that you answer the intake form completely and accurately.

Yes — giving away a property can affect your entitlement to means-tested benefits (e.g., Universal Credit, Pension Credit, or local authority-funded care).

If the local authority believes you have given away your home to avoid paying for care or to claim benefits, they may treat you as still owning it (this is called “deliberate deprivation of assets”).

Additionally, if a property you own is no longer occupied, different council tax rules may apply. If in doubt, speak with a financial adviser or benefits specialist before transferring property.

Yes, unfortunately all owners need to sign the TR1 even if they are staying on the title and not changing their ownership. This is an unfortunate aspect of current land law in England and Wales, and something that often surprises people. It can also cause serious problems if one owner cannot be contacted, in which case, a Court Order is needed to transfer the title.

Our intuitive intake form is designed to ensure that all owners sign the forms, even if their ownership is not changing.

Transferring part of the land in a registered title, and retaining some, requires the use of a TP1 (Transfer of Part) form. These forms are significantly more complicated to draft that TR1 forms, for two main reasons:-

1. There is a need for an accurate scale plan that accords with the Registry’s records. In practice these are very difficult to prepare, and even seasoned professional surveyors often fail to produce a suitable plan. We cannot stress that the Registry’s requirements regarding plans are extremely stringent - and requisitions from HM Land Registry on the plan are common when submitting a TP1 for registration.

1. Transferring part of the land in a title often necessitates creating rights and reservations (easements) so the newly created plots of land can be accessed and used, with the benefit of any required services passing over other land. Very often, covenants regulating use of the respective plots are also imposed. These provisions are often bespoke, and complex, and tend to require the input of experienced lawyers in our view.

We see completing and registering a Transfer of Part as a complex endeavour, and we do not think that this is something that is suitable for DIY-Conveyancing. Consequently, our service doesn’t currently support TP1 (Transfer of Part) applications, and we would advise you to consult a solicitor in this situation.

Ultimately there is no one rule here - it just depends on the terms of your lease. However, in most cases, you will need to involve the freeholder in the transfer (or at least notify them of it) so that they are aware of the new leaseholder, who will likely be responsible for paying a ground rent or service charge.

In some cases, you will see a restriction on the title to the property (these are listed in Section B “The Proprietorship Register”), and permission from the freeholder is needed to register the transfer. If this is the case it will be clear from the Proprietorship Register of the title to your property.

This is actually very common, as people tend to own a property over many years, and very often, their name changes during the period of ownership due to marriage, divorce, or by deed poll.

You should sign the transfer deed or assent in your current legal name as shown on your passport or main photographic ID. If your name differs to the name you took when the property was purchased, HM Land Registry will write to you requesting a Statutory Declaration or Statement of Truth in which you need to confirm on oath that you are the same person as named in the register, and provide an explanation (with documentary support) of the reason for your changed name.

You should always tell your mortgage lender about a transfer, and they will usually check your affordability as a sole borrower, or the financial status of any incoming owner.

In most cases, a mortgage lender will impose a restriction on the property title, contained in Section B, the Proprietorship Register, which prevents transferring the property without the lender’s consent.

However, if there is no restriction on the property, they the existence of a mortgage alone does not prevent transferring the property, but transferring without the mortgage lender’s permission would leave you in breach of your mortgage, which could have severe consequences, potentially allowing the lender to repossess.

Many properties are free of any such restrictions of conditions affecting transfer, especially where the mortgage is paid off.

To be sure you need check for three things:-

1. The existence of any mortgages – these will be listed in section C of the title document, The Charges Register. The mortgages either need to be discharged, or the lender will need to agree to a change of ownership.

1. Whether there are any restrictions preventing dealing with the Property – these are set out in Section B of the Property’s title, the Proprietorship Register. You need to comply precisely with the terms of any restriction as part of the transfer process. This can involve, for example, covenanting with a management company to contribute towards shared maintenance costs.

1. Whether there are any Notices on the title, such as Notices of Home Rights. These are also set out in Section B of the Property’s title, the Proprietorship Register. The existence of a notice doesn’t prevent dealing with the property, but the new owners will take the property subject to any interests specified in a valid Notice.

Once your application is sent to HM Land registry you will receive a receipt and an estimate of the time frame for processing the application.

The time it is likely to take depends in part on the complexity of the transaction – there can be substantial delays dealing with Transfer of Part, but we don’t recommend those types of transaction for DIY-Conveyancing and our service doesn’t currently support TP1s due to the complexity.

In the case of simple TR1 applications, and Assents, it may take 3 – 12 months for the application to be processed.

If there is a genuine reason for urgent treatment, the applicant can apply to “expedite” the registration process, and if permission for this is granted, the Registry will attempt to process the application in 10 working days.

However, permission to expedite the application process is strictly restricted to cases where the delay:-

1. Is impacting another transaction; or

1. Is causing hardship for some other reason.

HM Land Registry will require robust evidence, such as a memorandum of sale or mortgage offer before agreeing to expedite your application.

HM Land Registry often has questions about applications submitted to them. These are set out in formal “requisitions”, and it is necessary to deal with these to complete the process.

Sometimes, no requisitions are raised, and the application is simply completed. In other cases, basic questions are raised on points of clarification, but these easily addressed.

In some cases, more difficult points can be raised but this is uncommon. Our service allowed our customers to consult our specialist conveyancing chatbot on any requisitions. It has been trained to effectively guide you through responding with the correct information.

We also offer past customers the option of a solicitor led consultation by videocall (£125 per 30 mins), so if needs be this is a further avenue of support.