RCI and the property registers (Land Register and Registers of Sasines) are very different and are built for specific purposes. RCI is a register of persons, while the land register and Registers of Sasines are registers of property. An update to one register will not lead to the keeper automatically updating the other register.
However, there may be situations where you have a pending/in-flight application in the land register, meaning you are not yet shown in the land register as owner or tenant. This article will help you decide when to submit to RCI in these circumstances.
When is the duty to register in the RCI engaged?
If the recorded person is shown in the land register
The duty on the recorded person to register in RCI is engaged if they are shown as owner or tenant in the land register.
If your land register application is pending
If a land register application is pending, then that duty to register in RCI will be engaged at some point in the future. When it is engaged, it does so retrospectively at the date of the land register application.
Registers of Scotland (RoS) are of the view that in these situations, the best approach is for the RCI submission to be made as soon as possible:
- after the land register application has been made and,
- once you have received the land register application acknowledgement and know the title number
If possible, RoS will deal with these applications together.
If that is not possible, then RoS are of the view that it is acceptable for the RCI submission to be ‘ahead’ of the land register application. The situation will align when the land register application is completed.
In the event of the application being rejected or withdrawn please give consideration to the impact this may have on any duty you have to make a submission to the RCI.
When should you make your RCI submission?
If you have purchased land or a tenancy and have an associate and have a pending/in-flight land registration application, but your name is not yet showing on the land register title sheet as owner or tenant
If you have an associate and must therefore make an entry in RCI, we encourage you to make a submission as soon as you can after you have:
- made your application to the land register and,
- received the land register application acknowledgement and know the title number
We would discourage you from delaying your RCI submission after making your land register application. This means there is less chance of forgetting to submit to RCI.
Describing the land
We ask that you provide the land register title number to describe the land. This will be available from the acknowledgement notification you will receive from the land register notification handler system.
Date of association
The date of association is the date the associate was granted the right to exercise significant influence or control over the owner/tenant of the land.
This is likely to be a date before the:
- land register application is made
- submission to the RCI
This is because the person/entity would become the associate before the recorded person makes a submission to the RCI.
If you are a recorded person on RCI, and you have sold land/assigned a tenancy, but your name is still showing on the property registers
We would encourage you to make your submission to update RCI to remove the RCI entry once the purchaser makes their application to the land register on the basis that the application will be accepted.