The Society of Licensed Conveyancers (SLC) has backed the use of digital signatures during the conveyancing process, but is calling on HM Land Registry to amend its position on the TR1 process.
In a position statement issued this week, SLC said it ‘fully supports the adoption and use of digital signatures, including Qualified Electronic Signatures (QES), as a secure and efficient method for executing legal documents in the conveyancing process’.
The statement added:
“We recognise the significant benefits that digital signing brings to clients, conveyancers, and the wider property industry—enhancing both speed and security.
“However, we believe that the current legal position under the Land Registration Act 2002 and its supporting digital registration framework is impractical in its application to the execution of the TR1 transfer deed.”
The requirement for both the seller and buyer to sign the same counterpart of the TR1 ‘does not reflect the realities of modern digital workflows’, the SLC said, and is not amenable to the operational structures of many conveyancing practices.
The practical difficulties are even more pronounced in residential conveyancing, the SLC said, with no consistency in the platforms used by individuals and no support framework.
“Conveyancers acting for one party do not have access to the other party’s email address or mobile number, and to require this would introduce significant and unnecessary data protection (GDPR) risks.
“Further, if the other party experiences difficulty using the signing platform and their conveyancer is unfamiliar with it, there is no clear mechanism for support—raising concerns about the user experience and execution integrity.”
To facilitate a more practical and scalable approach in residential transactions, the SLC is calling for an amendment to the current position to explicitly allow the TR1 to be digitally signed by the buyer and seller separately, using independently executed and digitally signed counterparts.
The statement concluded:
“This change would preserve the integrity of the document while aligning with established digital signing standards and offering greater flexibility for conveyancers and clients alike.
“We urge HM Land Registry and relevant stakeholders to consider this amendment as a priority to ensure that digital conveyancing can continue to progress in a practical, secure, and accessible manner for all parties.”
2 responses
There is no such requirement.
If they are signing the same deed then they are not signing counterparts are they?
HMLR permits “mixed” signing . I would suggest the SLC read Practice guide 82 section 4.
The parties can sign separate counterparts and it is irrelevant that some are signed in wet ink or on different platforms.
I think you’re talking about electronic signatures. The article is about qualified electronic signatures which is a different thing altogether.