ROBERTSON WYSE SOLICITORS

If you want to buy, or sell a home, our team will take this forward for you. We carry out the conveyancing of residential properties in Fife on a fixed fee basis. Whether it is a purchase or sale, or both, please contact our office and we will start the process for you. We are happy to offer appointments in person or over the phone. We will explain the process form start to finish in a straightforward and practical manner. Once you have found your property we will submit your formal offer or a ‘Note of Interest’. 

If a ‘Closing Date’ is fixed we will guide you through this and liaise with estate agents. As your solicitor we will negotiate terms and condition including date of entry on your behalf. We will take care of the examination of title for you and advise on title to the property and any legal issues or restrictions that could affect your purchase. We will review Home Reports with you to ensure you are fully confident with your important move.

Registers of Scotland (RoS) is increasing its fees, including the cost of registering property deeds, from Monday 5 October 2020. For our clients, conveyancing does attract a number of outlays incurred in a property transaction which settles. We work close with Registers of Scotland in the registration process. For transparency, we have set out the current fees although please note these are subject to change.

Advance notices

In almost any property transaction, we require to register an ‘advance notice’ with RoS shortly before the transaction is due to complete – usually within five days of completion. The advance notice provides certain protections for the deed before it is registered in the Land Register.

Typically the cost of an advance notice will be met by the seller or the granter of the property deed. The charge as of 5 October 2020 is still at £20.

Plans reports

Where there is a plan attached to the deed which is being registered, a plans report will need to be obtained to check that the deed plan is suitable for registration in the Land Register and there are no obvious issues with the boundaries and extent of the property shown on the deed plan.

There are three ‘levels’ of plans reports. Most of the time a level 3 plans report is required – particularly where the property is being registered in the Land Register for the first time.

RoS has increased the cost of plans reports as follows:-

• Level 1 – £89
• Level 2 – £107
• Level 3 – £127

(all inclusive of VAT)

We have the option to obtain a plans report from RoS direct or get this from a firm of property searchers. However, most property search firms obtain their plans reports from RoS and have indicated to us that they will have no option but to pass the RoS cost increase on to us and to our clients.

Typically the cost of a plans report will be met by the seller or the granter of the property deed.

Registration dues

The amount of registration dues payable on a property deed will generally depend on (a) the type of deed, (b) whether the property is already registered in the Land Register or still recorded in the (now fairly historic) Register of Sasines and (c) in certain circumstances, how much the property is worth or how much has been paid for it.

For dispositions and ‘voluntary registration’ applications, the amount of registration dues payable to RoS will depend on the consideration paid or value of the property.