Commercial Property

HM Land Registry Digital Identity Standard

In addition to the introduction of electronic signatures, HM Land Registry launched their Digital Identity Standard.

05 Jul 2023

Team name
Emma Boys-Smith

Emma Boys Smith

This sets out 4 requirements that involve biometric and cryptographic checking of identity and verification that the individual or individuals signing of behalf of corporations are the owner of the property or otherwise a genuine party to a registrable transaction. If a conveyancer carries out the steps described in the standard, HM Land Registry will not pursue any recourse claim against the conveyancer resulting from the registration of a fraudulent transaction on the grounds that identity checks were inadequate.

Requirements 1 to 3 must be carried out by all conveyancers acting for a party to the transaction. Requirement 4 is an additional check to be carried out by the conveyancer who represents a transferor, borrower, or lessor in the transaction.

1. Obtain Evidence in the form of photographic ID with biometric facial recognition.

Biometric Passport, Identity cards from an EU or EEA country and an UK biometric residence permit.

2. Check the Evidence

Use an identity check provider that can read the ID Chip. It is not sufficient to check the evidence by just using a photography of the document. Must be machine readable.

3. Match the Evidence

Identity check provide must perform liveness check on the biometric information captured.

4. Obtain evidence to ensure the transferor, borrower or lessor is the same person or entity as the owner

If individual, then 2 forms of evidence such as proof of address document and ID. If a UK company, then the following steps will apply:

  • Obtain company information
  • Verify the information
  • Check corporate identity information held by the HM Land Registry
  • Obtain evidence for that individual signing on behalf of the company.

The government source states that where a conveyancer has carried out the above checks and met the requirements in relation to an individual who is signing in multiple transactions, the conveyancer may rely on the results of those checks for a period of up to six months. If the signing occurs more than six months after the original checks were carried out, the checks will need to be completed again.

However, there is still some risk for conveyancers. If a conveyancer or solicitor did not feel it was practicable to carry out these enhanced checks or explore any doubts around the checks then they will not reach the standard. This may result in HM Land Registry seeking recourse if it turns out the transaction was indeed fraudulent, and the conveyancer has been either negligent or fraudulent when checking of identity.

M&P Commentary

Emma Boys-Smith, Trainee Solicitor in the Commercial Property department, said:

“With the above risk in mind, conveyancers and legal professionals should still be vigilant and aware of the anti-money laundering and identification check standards and regulations that they must uphold.”

OUR CLIENTS SAY ABOUT US

Ranked highly in Romford and Brentwood for solicitor firms

Family
The service I received from Allison was exceptional. Always highly professional and informative.
Virginia
Wills
Mullis and Peake are very efficient, professional and friendly company to deal with. Excellent service throughout.
Brian
Employment
Excellent, swift service from Esther at Mullis & Peake. Showed clear expertise in her field & walked me through everything patiently & thoroughly.
Dan
Company and Commercial
I found the service provided was excellent from start to finish, with our requirements met in a timely manner throughout.
Gary
Wills
Staff very helpful and friendly. Trudi was easy to talk to and to understand the procedure.
Pamela
Dispute resolution
We contacted Martyn to deal with a sensitive Will dispute and we can’t thank him enough for his commitment and hard work.
Salena
Residential Property
Very prompt. Experienced. Expert. Friendly.
Trevor
Commercial Property
Excellent service and far quicker than previous negotiations using a different solicitor.
John
Family
At all times I was kept informed about the progress of the case and everything was completed in a timely fashion.
Melanie
Personal Injury
Martyn undertook and guided me through the lengthy process [of a personal injury case], and after much work, achieved a successful result.
Shirley

Related News insights

Charity & Fundraising, Mullis & Peake
London Legal Walk Completed for 2024
Legal, Wills & Power of Attorney
What Tax May I Have to Pay When I Die?
Movers & Shakers, Mullis & Peake
An Enjoyable Day at the Langtons Summer Concert
Charity & Fundraising, Mullis & Peake
M&P COTY – The Marillac Neurological Care Centre