Statutory Charges

Northern Ireland has established a Statutory Charges Register similar to that in England and Wales. There is no equivalent in the Republic of Ireland.

The Statutory Charges Register Act (NI) 1951 created a central register in respect of different matters, notices, and rights affecting land. The register shows charges resulting from the exercise of powers by the government, local and other public authorities.

This includes matters such as planning restrictions, surges, and welfare notices, roads, pensions, monuments, and other issues. The designation of various areas for special planning control is also registrable. Conservation areas and areas of special scientific interest are registered.

The statutory charges legislation was reenacted in the Land Registration Act (Northern Ireland) 1970. The register is to be maintained by the Registrar in a form to be prescribed. An index is to be provided on maps and in such other forms, making it searchable. Different indices may be prescribed in respect of registered and unregistered titles.

The statutory charges register is available for public inspection during the hours for which the Land Registry remains open for business, subject to Land Registry Rules.

Land Registry Rules may provide for official searches of the statutory charges register. Rules may allow access by automated means, including land, telephone, and information technology.

The matter is specified in the Schedule to the legislation. Whether it affects unregistered or registered title land in Northern Ireland, it must be registered in the Statutory Charges Register. Any sum that is recoverable by a local authority, whether it is the right of the authority or on behalf of another person under statutory provisions, from successive owners or occupiers, is to be a charge on the property and is not to be deemed a statutory charge.

The legislation does not require the registration in the Statutory Charges Register of anything that is a registered burden. It does not discharge any liability in respect of any statutory charge that is not, for the time being, required to be registered.

Notwithstanding anything contained in any other statutory provision, a statutory charge is void as against a purchaser of an estate for monies worth unless:

• The charge is registered and put in the statutory charges register before the purchaser’s registration.
• A notice in respect of the charge is registered on a priority search before the purchaser is registered.
• The statutory charge is created or arises after the purchaser has entered into an enforceable contract, and the purchaser has received actual notice of the statutory charge either before they are registered or have entered into an enforceable contract and received actual notice before registration.

Upon registration, a statutory charge is to bind land to the same extent as it would have bound the land if the legislation had not been enacted.

Where a statutory charge is registered as binding registered land, the statutory charge is to be deemed to have been registered as a burden in the folio and is deemed registered in the order created. Where a statutory charge is registered as affecting unregistered title land, it is deemed to have been created by a document bearing the date of creation of the charge, registered in the Registry of Deeds, as a document affecting the land.

A person intending to make an application for the registration of any contemplated statutory charge may give a priority notice in relation to the registration of that charge. Where, within three months after the priority notice is entered, an application for registration is made, the registration is deemed to take effect, subject to that priority notice.

Where a statutory charge was registered in any public record of a government or local department before 1954 and existed at that date, containing accurate particulars of the charge and a description of the land and is open for inspection, it is sufficient compliance with the legislation if a reference to the register or record is made, sufficient to enable the relevant entry to be traced.

There is provision for a discharge, a release of registered charges when they cease to affect or have become enforceable.

The following are statutory charges that must be registered in the register:

• Charges by a local authority under the Town Improvements Act, Public Health Acts, Planning and Housing Acts.
• Prohibition and restriction on the use or enjoyment of land after 2nd April 1951 by a local authority by order, resolution, or instrument, enforceable by virtue of conditions attached to a consent, approval, or license granted by a local authority pursuant to statutory provisions, being a prohibition or restriction binding on successive owners of land, not being the one operating over the whole of the district or the whole of the contributory place.
• Regulations made with respect to turbary rights.
• Statutory conditions in relation to housing grants.
• Improvement notices under agriculture legislation.
• Wayleave orders under defense legislation.
• Notices under the Rights of Lights Act.
• Notices under the private streets legislation, including notices, demands, charges, and undertakings.
• Notices, agreements, or covenants entered into under the Amenity Lands Act.
• Conditions attached under all the planning compensation legislation.
• Entries under historic monuments and archaeological objects legislation.
• Orders under aviation legislation.
• A range of matters of the planning legislation, including tree preservation orders, listing, enforcement notices, listed building enforcement notices, conditions in planning permission relating to the occupation or requiring of a house or requiring it to be demolished, certain orders and notices, planning agreements.
• Requirements of a private supply notice, covenant, or agreement under the water research legislation.
• Particulars specified in compulsory purchase legislation.
• Notices and conditions under the roads legislation.
• Orders under matrimonial causes legislation to the extent that it renders disposition of lands to be set aside for the purpose of financial relief.
• Occupation orders under the family homes and domestic violence legislation.
• A range of orders under housing legislation, including clearance orders, closing orders, declarations regarding the status of development areas, housing action areas.
• Statutory conditions for land held by housing associations.
• Public path creation order agreements under access to the countryside legislation, access agreement.
• Agreements, covenants, and waivers under the nature conservation and amenity lands legislation.
• Conditions imposed under certain social welfare legislation in respect of financial assistance.
• Conditions in respect of certain housing grants.
• Declaration under Street Works Order.
• Agreements under Conservation (Natural Habitats) Regulations, certain notices under environmental legislation, certain agreements under private tenancies under rates legislation.

In addition to the Statutory Charges Register, the Northern Ireland Department of Environment furnishes property certificates and answers a range of inquiries affecting properties. The property search and DOE certificate cover matters including the status of the adjoining roadways and whether they are maintained at public expense or otherwise under the Private Streets (NI Order).

A building in a private street may not be developed until the proprietor has received payment for the security in respect of requisite street work. The proprietor may enter into an agreement with the owner regarding the completion of the works under the agreement’s deed, and the proprietor may agree to take over the roads upon satisfactory completion.

If the road is not taken over by that department, then the adjoining owners may be liable for its maintenance. In the case of new properties, the developer generally enters into a covenant to complete the roads until they are taken over.

The certificate discloses the works affecting the property. The queries of the planning department disclose information regarding the current planning status. This includes current planning permissions, enforcements, conditions, and owner’s conditions.

If there are adverse notices of proposals affecting a property, this should be disclosed by the planning certificate.

The district council may issue a property certificate in relation to matters within its jurisdiction. This includes applications under building control and enforcements, as well as enforcement under public health, environmental health, compulsory acquisition, and equivalent provisions. The DOE property certificate also deals with public sources, water mains, and conditions attaching to their adoptions but does not include enforcement.