What is a TR1 Form?
The TR1 form is a legally binding document that transfers the whole ownership of a property from one party to another. It can also be used to transfer an unregistered property to be registered with Land Registry. The transfer will then be registered at the Land Registry and noted on the Official Copy Entries.
As part of the conveyancing process, the Land Registry TR1 form must be sent on completion by the seller’s conveyancer to help finalise the sale. This transfer could be accompanied by money that is paid to the seller by the buyer.
When Do You Use a TR1 Form?
When a property is sold or transferred to another party, the TR1 form must be signed and sent off before the completion day.
The form is typically organised by the conveyancer who is representing the seller. However, if you’re selling or transferring only part of the property, then you will require the Land Registry Form TP1 instead.
What other documents should you send with the TR1 form?
- Stamp Duty Certificate
- Form AP1 or Form FR1
- Certificate of Identity
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What Does the Form Include?
There are 12 sections in the TR1 form. It’s structured as a list of questions in ‘Panels’ with an empty space on one side for you to fill in the answers. You must answer honestly and as fully as possible.
Your conveyancing solicitor will be responsible for the form to ensure it’s done correctly. Should you need further help, you can also follow the government’s guidance.
The TR1 form panels include:
1. Title Numbers
The first panel is where the title number allocated to the property is inserted. This should be found on the first page of the official copy of the register.
If the property is not yet registered, you must leave this section blank. If you have more than one title number, you can still use one form.
2. Property
For panel 2, a brief description of the property being transferred is required. You must include its official postal address and an accurate postcode.
3. Date
This panel should be left blank until the completion of the sale has taken place. Your conveyancer will input the official completion date in the space provided.
4. The Transferor/s
Panel 4 must include the details of all parties involved in the transaction. Some of these details will include the registered owner’s name and the full name/s of each person involved in the sale.
5. The Transferee/s
Here, the full names of the people/person who are buying the property will need to be inserted.
6. Address
The transferee/s will need to provide their correspondence address, which must include an up-to-date postal address either in the UK or abroad.
This section can include 2 additional addresses that can be a postal, email, box number or UK document exchange address.
7. Transfer
Panel 7 is a standard clause that does not need to be amended. The statement is considered to be relevant to all cases, confirming the intentions of all parties involved.
8. Consideration
The amount paid for the property transfer must be included. If the transfer is being made as a gift, then you should state this in the second box provided.
The third box must be selected if the transfer is for any other consideration. You must also submit all relevant documentation and include the important details.
9. Title Guarantees
In this section, it must be stated whether the property is being transferred with full or limited title guarantee. The majority of transactions will be with full title guarantee.
Full title guarantee means the transferor guarantees that there are no financial charges or encumbrances on the property, at least to the best of their knowledge. They also guarantee that there is no other third-party interest that could affect the asset, other than those already revealed.
However, a limited title guarantee is a more restricted set of promises. In this instance, the transferor is guaranteeing that they have not allowed or created any charge, encumbrance or third-party interest that is present at the date of the transfer. Limited Title guarantee is usually provided when the property is sold by an executor of a Will following the death of the owner.
10. Declaration of Trust
Here the transferees must state how they wish to own the property jointly. This is vitally important and you should seek the advice of a conveyancer on what types of ownership are correct for you and your circumstances.
Read more about What is a Declaration of Trust
11. Additional Provision
There might be certain agreements or restrictive covenants made between the transferee and the transferor. The details of these should be added to panel 11.
It’s advised that you seek professional legal advice should a covenant or agreement be presented.
12. Execution
All of the parties will need to sign the TR1.
Each signature must be witnessed by an independent witness who must provide their signature, name, address and occupation. The witness must not be a relative or anyone linked to the transaction. A neighbour or work colleague is usually a good choice.
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Do You Need a Solicitor for a TR1 Form?
If you're applying for a mortgage, your lender will insist you use a licensed conveyancer.
It's always advised you work with a verified and experienced conveyancer as the legal process can be complicated. Issues or mistakes can be costly and greatly delay the process. The forms you'll be required to complete will be confusing and time-consuming so professional help is recommended.
If you are transferring equity, you will need a solicitor to fill out the TR1 Form if there is an existing mortgage on the property. The transfer of equity cost is dependent on the property value and complexity of the case.
What Should You Do Before You Use a TR1 Form?
There are 2 main things you and your conveyancing solicitor must do before using the TR1 form:
1. Check if the property has already been registered with the Land Registry
Your conveyancer will organise most of the work by using a government service such as the Property Information from HM Land Registry service or by carrying out a search of the index map.
If you discover that the property hasn’t been previously registered, you will be expected to pay more for the registration. There will also be an added fee from the Land Registry.
2. Confirm what is included in the register
When researching the property, you will need to note any entries made against the home as they could impact the buying process. You should be able to find a copy of the register online, from HM Land Registry.
When searching the register, you might find a number of factors that could affect the speed of the process. These include:
- A restriction
- A caution/agreed notice/unilateral notice
- A clause in the lease
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How Long Does it Take to Process?
The Land Registry will likely have a backlog of cases that must be acted on before any new filings can be viewed.
This means it could take several weeks or even months for your form to be processed and for the changes made to be seen in all official government records.
What Happens After the TR1 Form?
The TR1 form and accompanying documents will be sent to the buyer’s conveyancer after the completion date. The buyer's conveyancer will then submit an application to the Land Registry to register the property in the buyer’s name. This will typically be arranged on or before your completion day.
When buying or selling a property, you are legally bound to the sale once you have signed and exchanged contracts. This means you will likely face legal consequences should you walk away at any point after this step.
Learn More About Conveyancing
This has been part of our conveyancing guide. In our next article, we explore everything you need to know about the TA6 form. To learn more, read TA6 Property Infomation Form Explained.
