Form AP1 Application to Register Grant of Underlease
The Form AP1 is used for various registrations, including registration of the grant of an underlease. This template provides instructions on how to complete the form.
What is an AP1 Form?
The AP1 Form is a prescribed HM Land Registry form used to apply for changes to the Land Register in England and Wales. In general, any lease/underlease with a term exceeding 7 years must be registered with the Land Registry. Additionally, some leases/underlease may require registration within a specified timeframe. Once registered the lease/underlease is given its own title number (similar to freehold property). Failure to register the lease/underlease means it will only be recognised only as an "equitable" interest rather than a "legal" interest, which offers less protection for the tenant and complicate future transactions.
Leases/underleases with shorter terms of less than 7 years are not required to be registered independently. However, if the lease/underlease grants easements - such as rights of way over neighbouring land - these must be registered, applying an AP1 Form, to ensure they are fully enforceable.
The Form AP1 should be downloaded from HM Registry/Change the Register.
Land Registry Form AP1 should be completed and sent to the Land Registry, together with a certified copy of the underlease. If the property is in England, the stamp duty land tax certificate (if a Land Transaction Return is required to be submitted to HM Revenue & Customs (HMRC)). If the property is in Wales, the Welsh Revenue Authority (WRA) certificate (if a Land Transaction Tax return is to be submitted to the WRA) and a cheque for the application fee, as soon as possible after the grant of the lease.
Why Download the Form AP1 Application to Register Grant of Underlease?
Form AP1 is a detailed form. This template provides step-by-step instructions on how to complete the form.
How to Submit Form AP1?
The completed form must be submitted to the Land Registry along with supporting documents and the appropriate fee. To find the appropriate office at HM Land Registry address for applications.
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