Guidance explaining who needs to confirm their identity within a property transaction was updated by HM Land Registry earlier this year.
The update to Practice Guide 67, which also explains the circumstances where identity needs to be confirmed, focuses on how to complete the ‘confirmation of identity panels’ within the application forms. HMLR goes on to state that further clarity has been provided in relation to transactions where an attorney is involved.
The update has also provided clarification around the different details of each party, stating that these must be listed in separate boxes with the application forms identity sections.
HMLR highlight the importance of this, particularly in relation to reducing the risk of registration fraud as well as additional enquiries. Separate listings help to provide an enhanced level of assurance in terms of meeting identity requirements. In turn, HMLR state that ensuing the application is correct the first time, it will help to make the process simpler for all parties.
Where attorneys are concerned, HMLR state that evidence of their identity will usually be required too, unless an exception applies.
For the purpose of identity requirements, the donor of the power and their attorney are separate persons. HMLR clarifies that as the attorney acts under powers given to them, they must therefore be accounted for separately.
Having received fraudulent powers in the past, HMLR state that they require some evidence in order to prove legitimacy.
Where the donor and attorney are represented by the same conveyancer, HMLR state that they must be listed separately.
The guide can be accessed here.
