R2-15/98 Requirement to submit a copy of form HACON 5 for HM Land Registry (Archived)

Distributed to
All registered social landlords (RSLs), solicitors and local authorities.

Summary
Requires RSLs, (from the date of this circular) when making a disposal under the General Consent 1996, to submit a copy of form HACON 5, recording that disposal to the purchasers' solicitors for the use of HM Land Registry. This circular should be read in conjunction with R2 - 32/96 and its accompanying booklet Disposing of Land.

1 Background

1.1 The schedule of the General Consent 1996, at (2) paragraph (d) requires RSLs to complete, and maintain on a register, a record of each disposal made under that General Consent. The current form used for recording such disposals is form HACON 5.

2 Introduction

2.1 The Land Registry requires evidence of the Corporation's consent under Section 9 of the Housing Act 1996 before a disposition of land, which is not an exempt disposal, can be registered. RSLs should, therefore supply the purchasers' solicitors or licensed conveyancers with one of the following:

i where the General Consent, 1996, or any subsequent general consent, applies, with a photocopy of the form HACON 5 completed and signed on behalf of the RSL (supporting documentation, as required to be lodged in the RSL's register, is not required to be supplied to the Land Registry);

ii In other cases, with a copy of the Corporation's specific or individual consent

2.2 In either case the copy document should be certified as a true copy by the RSL's authorised officer, solicitor or licensed conveyancer.

2.3 The requirement on the HACON 5 to enter the "date sale completed" (box 14) and "Registry entry no" need not have been completed when the form was signed and copy made. However, the RSL will need to ensure that this is done before filing the form on its Register of disposals.

2.4 Supplies of form HACON 5 version 4, a copy of which is attached to this circular, are available from Corporation regional offices. Please destroy all earlier versions of this form.

3 Enquiries

3.1 Enquiries about this circular should be directed to the Consents Section of the Housing Corporation's headquarters. Telephone: 0845 230 7000.