In the context of charging property to a funder its crucial when looking to charge part of a title that the plans produced to attach to the Fixed Charge are Land Registry compliant.
It's not always the case that the borrower sets out to charge part and are sometimes required to do it late on in the transaction following due diligence (another reason why its important to get properties ready to charge as early as possible!) and so producing accurate plans can sometimes be left too late.
As a reminder, Land Registry compliant plans must:
- Be accurate as to the stated scale - Land Registry compliant plans are usually to 1:1250 or 1:500 scale although other scales may be used if suitable to the level of detail on the pan showing the land.
- Show the orientation - this includes the need to include a North point on the plan.
- Show sufficient detail - this refers to the surrounding features which should be detailed enough to allow the Land Registry to accurately identify the property on the Ordnance Survey plan which forms the basis of the title plan produced by the Land Registry.
- Show the extent of the property subject to the transaction as clearly identifiable by the colouring on the plan. If other colouring or marking is used on the plan then it should be clear and relate to the transaction document i.e. car parking spaces may be coloured blue, rights of way may be coloured green but this should remain clear and not interfere with the colouring used to delineate the Property itself.
- Clearly state which floor level the Property is located upon.
- Not include the words "Draft" anywhere on the plan.
It is always advisable to have the plans produced using professional software or outsource to an experienced plan supplier who are familiar with the rules and this will minimise the chance of the plans within the Fixed Charge being rejected by the Land Registry.