Land Registry to accept electronic signatures

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The move, which comes as many people are social distancing and working from home, is being hailed by the Land Registry as a ‘keystone’ of a truly digital, secure and more efficient conveyancing process.

It said it would accept electronic signatures which enable an individual to sign legal documents, but which still require a witness to be present at the time to sign the documents electronically.

This latest step, which has paved the way to creating a home buying journey which could be completely digital, comes following a consultation which provided feedback from across the sector.

And it was announced just weeks after HM Land Registry started accepting deeds which had been signed using the ‘mercury signing approach’ during the lockdown.

This method, which allows a ‘pen’ signature to be captured with a scanner or camera before being sent to the conveyancer, will remain in place as an alternative way of completing a deed.

Simon Hayes, chief executive and chief land registrar said: “What we have done today is remove the last strict requirement to print and sign a paper document in a home buying or other property transaction.

“This should help right now while lots of us are working at home, but it is also a keystone of a truly digital, secure and more efficient conveyancing process that we believe is well within reach.

“The more sophisticated qualified electronic signatures are a part of that vision and encouraging those is where our attention will be directed next.”

Witnessing

HM Land Registry said it was already holding further discussions with the sector to explore the potential introduction of qualified electronic signatures.

If these develop to be a successful option for completing property transactions, HM Land Registry said it would review the continued use of witnessed electronic signatures.

Conveyancer’s reaction

Adam Forshaw, managing director at leading tech-driven conveyancers, O’Neill Patient said: “This is a significant step forward for homebuyers, as it means that in principle the entire homebuying journey can now be conducted electronically.

“Even before the advent of Covid-19 and social distancing, there was significant demand for a more tech-driven process. But one of the biggest problems facing the property sector in lockdown was the ongoing requirement for ‘wet-ink’ signatures.

“The Land Registry is to be commended for moving quickly from consultation to new guidance. We look forward to working with them on their additional proposals to accept ‘qualified electronic signatures’, which will further improve security and remove the need for a witness altogether.”