This guidance provides advice and information about the registration of deeds in this division of the Books of Council and Session.
National Records of Scotland and Register of Deeds (RoD) function as a repository for the safe keeping of traditional deeds.
Registration in the Register of Deeds is voluntary. There’s usually no legal requirement to register deeds.
Register an original paper deed using the Books of Council and Session (C&S1) form on our online services portal. If you don't have an online services login, you can request access.
You can also download our Books of Council and Session (C&S1) form.
Find out more about accessing our business services.
QES guidance for customers
The Register of Deeds accepts electronic documents signed by a qualified electronic signature (QES) (subject to limited exceptions) through digital submission.
You can also submit mixed format deeds. If you have a single application that comprises a collection of both wet signed documents and QES signed documents (such as missives or counterpart documents), you must submit the QES signed document first and you will be able to print a confirmation page to submit by post with the wet signed document.
The application form for this service is available once you logon to your online services account. If you do not have access to this application, please contact customerservices@ros.gov.uk.
After you have submitted your application with QES uploads and we have received your wet signed documents we will review your application.
If we need to get in touch for any further information, we’ll contact you via the email address provided in the application.
Exceptions
For now, it will not be possible to submit the following deed types as electronic documents:
- Deeds which require joint recording in the Land Register or Register of Sasines, as these registers are not yet open to electronic documents.
- Wills, testamentary trust disposition and settlements, and codicils, as Part 3 of the Requirements of Writing (Scotland) Act 1995 (electronic documents) has not yet been commenced for these deed types.
Digital Extracts
Extracts of deeds submitted for registration as electronic documents signed by QES or a mixed format will be issued in electronic format by default, with the requested extract being sent to our customers via a nominated email address. Extracts will feature digital seals and a digital certificate to guarantee authenticity, carrying the same legal standing as the traditional hard-copy extract. You will receive one digital extract per registration, and you can forward this to multiple recipients without affecting the digital certificate.
Digital extracts are not yet available for original paper hard-copy deeds submitted for Register of Deeds.
Invoicing
Invoicing will remain as normal and paper invoices will be sent out in the post, shortly after registration.
Exceptions
For now, it will not be possible to submit the following deed types as electronic documents:
- Deeds which require joint recording in the Land Register or Register of Sasines, as these registers are not yet open to electronic documents.
- Wills, testamentary trust disposition and settlements, and codicils, as Part 3 of the Requirements of Writing (Scotland) Act 1995 (electronic documents) has not yet been commenced for these deed types.
Law Society Scotland guidance
The Law Society Scotland have excellent guidance on the use of electronic signatures.
FAQs
The enabling legislation permits the issue of digital extracts, and these extracts will have equal standing in law to paper extracts and can be used in all instances where a paper extract would have been used previously.
Any visual representation of the QES used on the face of the deed will be retained as part of the extract. An additional page will also be included at the rear of each extract, setting out QES information (such as date of signing) not apparent from the face of the deed.
Our digital extracts will look much like paper extracts, with flysheets, headings, stamps, signatures and warrants for execution added by RoS all appearing as normal. There will be some differences. To provide the required information about the parties that signed the deed, an extra page will be included at the rear of the extract, showing information relating to each QES used to sign the deed. The extract will have a RoS digital certificate applied to it. This is intended to provide additional authenticity and will show users that the extract originated from RoS, and has not been amended since issue.
Please see an image below of the RoS digital certificate and the final page of the extract showing names, date and time relating to the QES signatures.
When you open the extract there will be a Certified by Registers of Scotland Banner.
By selecting the signature panel in the banner at the top of the pdf you can review the RoS digital certificate.
As this is a digital extract you will not be able to view the original QES metadata. The Final page of the extract will have the full names of the QES signatures along with the time of signing and the pages the signatures relate to in the extract.
Yes, it is possible to forward the digital extract to another recipient without affecting the digital certificate.
However, any attempt to remove or add to the content of the digital extract would result in the RoS certificate being invalidated and no longer meeting the requirements of a digital extract.
No. Any deeds which require joint recording in registers in addition to the Register of Deeds should continue to be submitted on paper.
You can submit mixed format deeds to the Register of Deeds. If you have a single application that comprises a collection of both wet signed documents and QES signed documents (such as missives or counterpart documents), you must submit the QES signed document first and you will be able to print a confirmation page to submit by post with the wet signed document.
The application form for this service is available once you logon to your online services account. If you do not have access to this application, please contact customerservices@ros.gov.uk.
After you have submitted your application with QES uploads and we have received your wet signed documents we will review your application.
Registers of Scotland will check all QES’s used in deeds submitted to us to ensure that they are both valid and comply with the requirements of the Requirements of Writing (Scotland) Act 1995 and the Electronic Documents (Scotland) Regulations 2014 (this is broadly equivalent to the checks we currently do on wet signatures).
No. The ‘qualified’ aspect of the QES replaces witnessing as the requirement for self-proving status in electronic documents.
Yes. The rules on execution of electronic documents differ from those that apply to traditional paper documents and can be found in Part 3 of the Requirements of Writing (Scotland) Act 1995 and the Electronic Documents (Scotland) Regulations 2014.
The main difference is that qualified electronic signatures are applied to the document as a whole, rather than to the body of the deed and any subsequent annexations. As such, annexations are regarded as incorporated into a deed if they are (a) referred to in the deed, (b) identified on their face as being the annexation referred to in the document, and (c) annexed to the document before a QES is applied to the document and annexation.
Yes, it is possible to use counterpart execution both where all counterparts are electronic documents, and where there is a mix of paper and electronic counterparts (see question 6 for further information).
No. There is no requirement to add date and location of signing details to the face of the deed as this information is captured as part of the QES metadata.
Yes. Regulation 4 of the Electronic Documents (Scotland) Regulations requires that an annexation to an electronic document must identify on its face that it is the annexation referred to in that document.
Invoicing will remain as normal for Register of Deeds and paper invoices will be sent out in the post, we aim to make this a digital process in the future.
Registration fees for QES deed, and fees for the provision of digital extracts, are set by the current Fee Order, which makes no distinction between paper and electronic deeds/extracts. As such, fees will remain the same across paper and digital for now, but will be subject to review in the future.
No. Only original deeds may be registered in the RoD, and QES metadata must be associated with the electronic deed submitted for registration. RoS check the QES on all deeds submitted for validity, and this requires the original electronic document.
If your document has been signed correctly by a QES, you should see a signature panel similar to the below confirming who has signed the document.
No. Only the QES deed(s) should be uploaded – all other information required by RoS in connection with your application is obtained through the online portal.
Yes. In this situation, the Deed of Variation (which must be wet-signed in order to be registered in the Land Register) would be submitted for registration, and the original lease would be deemed registered by virtue of registration of the underlying plot. This would be the case regardless of whether the landlords plot title is registered (in which case the Variation will form a transfer of part application) or unregistered (in which case the Variation will trigger automation plot registration).
Purpose of registration
You can register deeds for:
- preservation
- preservation and execution
Registration for preservation means we’ll retain the deed for safe keeping. After we register the deed, we will send you an extract that you can use in the place of the original.
If your deed contains a clause where the parties consent to ‘registration for preservation and execution’, your extract will contain a warrant that grants authority for lawful execution. This extract will be equivalent to a decree from the Court of Session, and can be used as the basis for summary diligence in certain scenarios.
What we can register
The most commonly registered types of deeds are wills, leases and minutes of agreement.
We can only register original paper documents that are in self-proving form. We can’t accept electronic documents or copies of original documents of an original paper deed. You can submit electronic documents signed by qualified electronic signature (QES) (specific guidance for QES above).
'Self-proving' means that the deed has been appropriately signed by the granter and a witness and conforms to the requirement of the Writings Act 1995.
We can register documents in languages other than English if they’re accompanied by a certified translation.
We won’t register self-proving documents where doing so is not in the public interest or is otherwise objectionable. For example, we won’t register documents that appear to:
- have no legal standing or effect in Scots law
- determine or confer a legal right where no such right can exist
- relate to a court process or judicial determination where that is not the case
- contain defamatory statements
We won't register such documents even where they're in self-proving form or sworn before a notary public.
Signing a deed
A deed that is to be registered should be signed by the granter and witnessed (specific guidance for QES above).
The Requirements of Writing (Scotland) Act 1995 explains how a deed should be signed by a granter so that the self-proving standard can be met. A granter should sign using either:
- the full name by which the granter is identified within the deed presented for registration, or in the testing clause (or equivalent) that appears in the deed
- a surname, preceded by at least one forename. The forename can be expressed in full, or with an initial, abbreviation or familiar form
Your deed won’t be accepted if the signature doesn’t conform to these standards.
The 1995 Act also allows deeds to be signed in a way that does not fit either of the two styles above, for example in the format surname forename, or by non-Roman characters, if that is the usual signature of the granter. However, the 1995 Act prohibits documents signed in this way from being self-proving (unless that is established in court proceedings or the form of signing is also replicated elsewhere in the deed). Where parties insist on signing in this way, care should therefore be taken to ensure that the form of signing is also narrated in the body or testing clause of the deed to ensure self-proving status can be obtained.
A deed that is to be registered should also typically be witnessed. Witnesses should also sign in one of the two styles set out above.
There are a small number of exceptions to these rules about signing. See sections 6(3) and 7(6) of the 1995 Act for more information.
The requirements for wills are a little different. While wills must be signed by the granter and witnessed on the last page, each sheet of paper that makes up the will must also be signed by the granter.
What to include (for an original paper deed)
C&S1 Form
You must include a C&S1 Form with any application for the registration of a deed effecting or evidencing a notifiable transaction in terms of the Land and Buildings Transaction Tax.
While the form is only mandatory for notifiable transactions, we recommend all applications for registration in the Books of Council and Session include a C&S1 Form.
Where it’s not clear from the terms of the deed that the transaction is not notifiable, it’s important that you confirm the position on the application form.
Find the C&S1 form on our online services portal. If you don't have an online services login, you can request access.
You can also download our Books of Council and Session (C&S1) form.
You should include the following in your C&S1 form:
- your agent’s name and address
- the correct FAS number (Fee Accounting System number - unique customer account number that allows us to record all transactions that particular customer has with us), which will determine where we send your extract and invoice
- the number of extracts you require
- an indication of whether the deed is just for preservation, or for execution as well
Coloured plan
You’ll need to provide a copy of the coloured plan within the deed and additional duplicate copies for each extract you request.
Execution clause
If you are registering a document for preservation and execution, you’ll need to include an express agreement in the document to registration for that purpose. This is often called a ‘clause of consent’.
Fees
We charge £20 for the registration of a deed and issue of an extract in the Register of Deeds.
The fee goes up by increments of £20 + VAT for each additional deed and extract.
If you require more than one extract, let us know in your application for registration.
You don’t need to include pre-payment for other types of deeds. We’ll send you an invoice with your extracts (for paper extracts).
Submit a deed
The Register of Deeds is now open to submissions via DX delivery service.
Royal Mail
Register of Scotland
Meadowbank House 153 London Road
EDINBURGH
EH8 7AU
DX Exchange courier network
Registers of Scotland
DX 555400
Edinburgh 15
Payment
We are unable to accept cheques as a method of payment.
Users must have the ability to pay by either direct debit with a FAS account or by a post-payment invoice.
Setting up a direct debit
You can fill out our pre-payment direct debit mandate form and required information form.
Send the original mandate form to your bank.
Then send a scanned copy along with the required information form to creditcontrol@ros.gov.uk.
If you don't have a FAS account
To request a FAS account email creditcontrol@ros.gov.uk with the information below:
- contact name
- contact telephone number
- email address for statements
Contact
Email cajr@ros.gov.uk