Register of Deeds guidance

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) .

'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).

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