Land Registry – quinquennial review

Citation

(2002), "Land Registry – quinquennial review", Property Management, Vol. 20 No. 1. https://doi.org/10.1108/pm.2002.11320aab.020

Land Registry – quinquennial review

Land Registry – quinquennial review

The Lord Chancellor, Lord Irvine, announced the publication of the Report of HM Land Registry's Quinquennial Review in June 2001. The review was undertaken by Andrew Edwards CB and overseen by a Steering Group chaired by the Lord Chancellor's Department with members drawn from the Land Registry and other relevant Government Departments.

All executive agencies are required to undergo regular, usually five-yearly reviews in accordance with Cabinet Office guidance published in January 2000. This review includes an assessment of the Registry's performance as well as a thorough consideration of all options for carrying out its work, including the Better Quality Services approach to delivery.

The 1995 Land Registry Review concluded that it benefited considerably from its move to agency status in 1990 and confirmed that the Registry's existing arrangements would ensure the provision of a cost effective, high quality service to the public.

The Lord Chancellor has accepted the conclusions of the review that HM Land Registry should remain in the public sector as a Government Department, Executive Agency and Trading Fund while continuing the significant amount of work in partnership with the private sector that it currently undertakes.

The review confirmed that the Land Registry is a well-run organisation providing good quality services with which its customers are very satisfied.

A plan for taking forward the proposals will be published in the Autumn.

Principal issues extracted from The HM Land Registry Quinquennial Review June 2001

General. The Land Registry registers property throughout England and Wales, and guarantees ownership and charges over it, for the benefit of all who have interests or transactions in property.

The Registry has a high reputation with customers and staff for invaluable services sensitively delivered. It successfully brings together some of the best traditions of public service, disputes resolution and adjudication.

Strategic programme. The Registry could further enhance the value of its public services by joining with others in building a new strategic programme for the present decade around seven pillars:

1. 1.

   A new Bill, in place of the Land Registration Act 1925, to prepare the way for ownership and transfers by registration and to strengthen the legal framework in areas such as adverse possession, overriding interests, notices and electronic transactions.

2. 2.

   Completion of the register's geographical coverage by 2010, registration of new leases above three years, enhanced information on ownership, mortgages and financial transactions, and enhanced mapping.

3. 3.

   A fully electronic register by 2003, enabling instant electronic delivery of up to date property information, including one-stop comprehensive searches through NLIS.

4. 4.

   E-conveyancmg by 2005, including e-lodgement of applications, e-certificates and deeds, electronic settlement (if possible) of payments due on completion, and re-engineering by Government and practitioner bodies in a new Joint Property Market Charter and Forum of the national processes for buying and selling houses.

5. 5.

   Promoting transparent property and mortgage markets through publication, with the Valuation Office and others, of much enhanced market information.

6. 6.

   An independent Land Registry adjudicator to deal with boundary and adverse possession disputes.

7. 7.

   A new self-financing Advisory Service, largely staffed by part-time former employees and working with the private sector, for international consultancy, specialist issues of registration and title, preparation of title plans, advice for lay e-conveyancers, and historical research.

The re-engineering of housing market processes should be capable of reducing the average period between handshake and contract from eight weeks to around three as well as introducing completion of transfers by registration. Electronic settlements on completion, if practicable, through a clearing house and associated trust, should reduce the strains on conveyancers' client accounts and insurance costs.

The suggested programme includes many new elements as well as attaching specific content and timetables to existing programmes. On present projections, the Registry should be able to deliver the programme within existing levels of permanent staff.

Land charges and bankruptcy. The Registry's Land Charges Department maintains an index of persons named in bankruptcy petitions and orders. The Registry, Insolvency Service and Court Service need to work together to upgrade the quality and processes surrounding this important index. The Insolvency Service should probably take over responsibility for it.

Governance. Land registration needs to remain a public service delivered with the help of private sector partnerships. Public confidence in property ownership and charges depends on the Registry's unquestioned ability to guarantee titles. Resolution of the many disputes surrounding property depends on the Registry's visible impartiality. Privatisation of the whole or parts would set back the strategic programme by years.

A formal Ministerial Group, and an Inter-departmental Group at senior official level, should preferably be formed in due time to oversee strategy for the national property markets as a whole and co-ordinate present and future initiatives, including the Seller's Pack, e-conveyancing, re-engineering of market processes and market transparency. The groups could meet in a wider forum, too, with outside stakeholders, in the context of the suggested Joint Property Market Charter.

The Registry does not have the flexibility to manage its finances sensibly, taking one year with another, that was clearly intended under the Trading Funds Legislation. A Memorandum of Understanding with the Treasury is needed. This should cover the Registry's need to retain substantial cash reserves against indemnities.

The Registry's internal organisation should be adapted to strengthen the focus on delivering the strategic programme and managing the associated changes, including new structures for Bill preparation and implementation, e-conveyancing, education and training, market statistics, Land Registry Advisory Services and a small strategy unit as well as the independent adjudication unit.

The Registry needs statutory powers to confirm its ability to form corporate vehicles and joint ventures for the effective delivery of registration and related services. A new joint corporate vehicle involving the Registry, and possibly other government bodies, as well as Local Government bodies, is needed to oversee management of the National Land Information Service project and contracts.

Individual departments. The Registry's individual departments have great strengths. Particular successes have included customer service, the management of indemnities, the re-engineering of operational processes, good employer policies and IT deployments. All departments should benchmark themselves on a continuing basis against comparable departments outside.

There is scope for still further improvements in service levels, productivity, key performance indicators, fee levels and structures, handling of payments, pooling of experience and rationalisation of personnel services.

A summary of the report and the report itself can be viewed on HM Registry's Web site at http://www.landreg.gov.uk/qqr/

Customers without electronic access can obtain paper copies of the summary (42 pages) or the full report (388 pages) can be obtained from Bob James, Customer Information Centre, HM Land Registry, Lincoln's Inn Fields, London WC2A 3PH. Tel: 0207 331 8354; Fax: 0207 331 8389.