Commercial Property Registration & Notarisation UK Guide

Overview

Registration means entering a property interest onto the official register kept by HM Land Registry. Once registered, the title becomes a matter of public record and the registered proprietor benefits from state-backed protection of that interest. Most dealings with freehold and long leasehold commercial property in England and Wales now trigger compulsory registration, including purchases, grants of leases over seven years, and legal mortgages.

Notarisation is a separate process. It involves a notary public witnessing a signature, confirming the identity of the signatory, and certifying that a document is genuine. In the UK domestic context, most commercial property documents do not need a notary at all, they need witnessing under the rules for deeds.

Notarisation becomes important when a document has to be used abroad, when an overseas company is signing, or when a lender or foreign registry insists on it. Knowing which process applies to your situation is the difference between a smooth completion and a delayed one.

Key steps

1. Work out what the transaction actually needs. Before spending money on anything, identify whether you are dealing with a freehold purchase, a new lease, an assignment, a charge or something else. Each triggers different registration requirements at HM Land Registry, and only some will involve a notary at all. Getting this right at the start saves wasted cost.
2. Check the title position early. Ask for up-to-date official copies of the title and plan from HM Land Registry, or commission a pre-contract search if the property is unregistered. Review restrictions, charges, easements and covenants that could affect how you use the premises or your ability to raise finance against them later.
3. Prepare the deed correctly for execution. Transfers, leases and legal charges must be executed as deeds. That means getting the wording right, ensuring the correct signatories sign on behalf of any company, and arranging an independent witness. If an overseas company is party to the document, take advice on execution formalities in that jurisdiction before the signing date.
4. Arrange notarisation only where it is genuinely required. If a document will be used outside the UK, sent to a foreign land registry, or signed by someone abroad, a notary public may need to authenticate it. Some countries also require an apostille under the Hague Convention. Factor in the time this takes, because it rarely happens on the same day.
5. Submit the application to HM Land Registry promptly. After completion, the buyer or tenant, usually through their conveyancer, must apply to register within the priority period of the official search. Stamp Duty Land Tax may need to be paid first and the SDLT certificate submitted with the application. Late applications can cause priority and insurance problems.