No doubt the introduction of new and proposed reforms to the National Planning Policy Framework, together with associated reviews of local plan-making, has many landowners optimistic as to the future developability of their land. Indeed, they may already be taking active steps and professional advice with a view to contracting with a developer or promotion partner as part of a Strategic Land transaction.
Previously, we have given thought to some of the property-related and practical issues which landowners need to consider before actively looking to promote or dispose of their land:
One important (and frequently overlooked) item is ensuring that your land is properly registered at the Land Registry. Firstly, we need to ensure that the land itself is registered at the Land Registry, secondly, we need to ensure that it is registered in the correct names or entities, thirdly, we need to ensure that all registerable interests in the land are properly recorded on its registered title.
By dealing with these items ahead of time, landowners are helping themselves avoid potential delays when it comes to any due diligence process undertaken as part of a Strategic Land transaction. If land is not registered or is incorrectly registered, it could mean that any proposed developer or promotion partner is either unwilling to contract or (if willing to contract), will seek to ‘delay’ its contractual obligations to promote, seek planning and / or purchase until the registration issue is satisfactorily resolved.
Landowners who have identified a need to either: get their land registered; or update their existing registrations via an appropriate Land Registry application, need to be especially mindful of the timescales that can be involved, as well as the significance of the period between submission and completion of an application. This period is often referred to as the ‘Registration Gap’ and many applicants to Land Registry (for example a person or entity to whom land is formally transferred and is awaiting registration as the new registered owner) will only enjoy beneficial ownership, (and not legal ownership), until the application and subsequent registration has completed. Thus, the Registration Gap can create a period of legal uncertainty which may not be appealing to a proposed developer or promotion partner who is looking to contract as part of a Strategic Land transaction.
So, how long could the ‘Registration Gap’ last? Latest guidance published by Land Registry in December 2025 suggests that applicants should expect the following timeframes:
For simple changes to a registered title: Between 5 – 10 months
For more detailed changes to a registered title: Between 11 – 18 months
A first registration of unregistered land: Between 11 – 20 months
A transfer of part of registered land: Between 11 – 24 months
Experience tells us that the above timeframes are indicative only and can (in the case of more complex applications) be exceeded.
In exceptional circumstances Land Registry may agree to ‘expedite’ an application. If it does, it will aim to process an application within 10 working days. To apply an applicant must:
Applications to expedite are not lightly accepted by Land Registry and landowners should consider their circumstances and concerns carefully before submitting an application.
Landowners would be well advised to seek to rectify any known registration issues before looking to contract as part of a Strategic Land transaction. Where this is not possible it will be necessary to collaborate with a developer or promotion partner and to understand their requirements in relation to the issue and the impact that this may have on the timescales for completion of a transaction. The ability to ‘expedite’ a Land Registry application could be possible where a Strategic Land transaction is being held up by the registration issue.
Wherever possible, landowners who are considering taking their land to market, should seek early initial advice on the status of their land’s registration and any anticipated issues. By doing so, it may be that the risks posed by Land Registry’s current timescales and the associated ‘Registration Gap’ can be mitigated so as to avoid any delays to a future Strategic Land transaction.
At Michelmores we are frequently asked to undertake initial assessments of a land’s registered title or registerable status, with a view to identifying any potential issues and rectifying them well ahead of time. Please do get in touch if we can assist you in this regard.
