The designated day is here

Registers of Scotland page: Key points to remember over the last few weeks until the Land Registration etc (Scotland) Act 2012 comes into operation on 8 December 2014

17th November 2014 | Registers of Scotland

Monday 8 December is the date on which the Land Registration etc (Scotland) Act 2012 ("the 2012 Act") will come into force. This is the biggest change in conveyancing legislation in a generation, and will have a big impact on the way both solicitors and Registers of Scotland work. If you are involved in a transaction that will result in your application for registration being submitted on or after 8 December, you need now to consider that application in light of the 2012 Act.

Make sure you’re ready

Our dedicated 2012 Act website contains comprehensive guidance on the key changes, and will assist in preparing you for the designated day. It includes guidance on the new application forms, advance notices, the new requirements for registration, and the deeds and documents that should accompany your application. The site also explains the new pre-registration reports that are now available, and includes introductory videos to the main changes brought about by the 2012 Act. If you still need more information, the FAQ sections answer the most commonly asked questions. You can also use this page to contact our 2012 Act team with any queries.

Donít worry if you didn't get a chance to attend one of our 2012 Act roadshows, as our website contains everything given to stakeholders on the day, and includes a full video of one of the events.

Visit www.ros.gov.uk/2012act for more.

Digital replaces paper

An immediate change brought about by the Act is the reduced emphasis on paper. Land and charge certificates will cease to be issued and instead will be replaced by email notification. Similarly, the acknowledgment we issue on receipt of an application will be sent to you by email. Please consider the email address that you will be asked to detail on the application form; you may want to consider setting up a dedicated email account to receive information from RoS.

There will also be increased submission of applications to us. Our new advance notice system is now live and can be accessed through our e-services portal at www.eservices.ros.gov.uk. Advance notices over properties already on the Land Register will have to be sent to us electronically through that new system. This ensures that your advance notice reaches us speedily and is already validated.

By using the new system, there is no need to digitally sign the advance notice; your firmís registration as a user acts as sufficient legal authentication. Although advance notices cannot be registered until 8 December, you can use the time between now and then to familiarise yourself with the new system.

Remember: to use the new system you will need to be registered as an e-services user with RoS. If you are not registered, please contact our e-services team and they will take you through the registration process. Email eservices@ros.gov.uk, or phone 0845 607 0160.

Application form

Under the 2012 Act, there is only one application form. The new form replaces the current forms 1, 2 and 3. An intelligent, self-validating application form is available through our e-services portal. We strongly advise you to access the form through the portal, as it will ensure you complete the form appropriately. For instance, the form will ask for the deed that is being registered and will then only invite you to complete the questions relevant to that deed.

New reports service

To support the 2012 Act, and in particular to ensure that solicitors have the information to hand to meet the new registration requirements, we have agreed a new set of pre-registration reports with the Property Law Committee. Full details of the new reports are on our website at www.ros.gov.uk/2012act.

While there is little change to the legal reports, the plans reports are, by contrast, markedly different. This reflects the new legal requirements in the 2012 Act. For any transaction that will result in registration after 3 December, you should now be ordering a new style report.

Closure of the property registers

Our two main property registers - the General Register of Sasines and the Land Register - will be closed on Thursday 4 and Friday 5 December. This is so that our IT systems can update in preparation for the designated day on Monday 8 December. Related IT services will also be unavailable on these dates, specifically Registers Direct, eForms, and ARTL.

Our other registers and services will continue as usual and our customer service centres will be fully staffed to handle your enquiries. All our systems and services will be operational again on Monday 8 December.

Visit our website

Our 2012 Act website will continue to be the leading source of full and comprehensive guidance up to and beyond the designated day. The information on this website is always up to date, and you can sign up to email alerts so that youíre kept informed of any changes and additions to the site. www.ros.gov.uk/2012act