Land Registry - Note to Practitioners

LAND REGISTRY NOTE TO PRACTITIONERS 3/2021

The Society has received the following Practice Note from Land Registry:

REGISTERED HOUSING ASSOCIATIONS

BACKGROUND

Registered Housing Associations were introduced in 1976 to provide rented accommodation to groups with support requirements and they are the main developers of new social housing for rental in Northern Ireland. At present the Department for Communities (“the Department”) is responsible for the funding and regulation of Registered Housing Associations.

Restrictions on the disposal or charge of lands as set out in Article 13 of the Housing (Northern Ireland) Order 1992 have been historically registered in Land Registry when lands have been acquired/charged.

CURRENT LEGISLATION

An amendment to Article 13 came in to effect on 29th August 2020. From and including this date it is no longer necessary for a Registered Housing Association to obtain the consent of the Department to dispose or mortgage land and a restriction on title is not required. Land Registry is no longer registering such restrictions.

CANCELLATION OF RESTRICTIONS

Where a practitioner seeks to cancel a Registered Housing Association restriction an entry should be made on the Form 100 stating “Cancellation of an Article 13 restriction”. No fee is required for such a cancellation.

CHRISTINE FARRELL Registrar of Titles 14th October 2021