FLK2 · Property Practice

Post-completion (SDLT/LTT, registration)

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

PP.05 — Post-completion (SDLT/LTT, registration)

After completion the buyer's solicitor has two priority jobs: pay the land tax and register the buyer (and any charge) at the Land Registry. Get the deadlines and the trigger figures right.

Land tax — SDLT (England, NI) / LTT (Wales)

  • SDLT is governed by the Finance Act 2003. An SDLT return (form SDLT1) must be filed and the tax paid within 14 days of completion (the "effective date" — usually completion, but an earlier substantial performance can trigger it).
  • Residential SDLT nil-rate threshold is £125,000; the first £125k is taxed at 0%, then banded rates apply above. Commercial/mixed use uses a separate non-residential table.
  • Welsh land = Land Transaction Tax (LTT), administered by the Welsh Revenue Authority, NOT HMRC. Different thresholds and a 30-day filing deadline — do not apply SDLT rules to Welsh property.
  • A return is generally required even where no tax is due (subject to limited exemptions). Surcharges apply: higher rates for additional dwellings, plus the 2% non-resident surcharge.

Registration — Land Registry

  • The Land Registration Act 2002 governs. For registrable dispositions of registered land (transfer, grant of legal charge, lease >7 years) the buyer must apply to register; legal title does not pass until registration (LRA 2002 s.27 — registration is constitutive, not merely evidential).
  • Priority search (OS1) gives a 30-working-day priority period — complete and lodge the application within it so the buyer takes free of intervening entries.
  • First registration of previously unregistered land must be applied for within 2 months of completion (LRA 2002 s.6/s.7); miss it and the legal estate reverts to the seller on trust.

Common traps

  • SDLT before registration: you cannot register without an SDLT5 certificate — pay the tax first, then register.
  • 14 days (SDLT) vs 30 days (LTT) vs 2 months (first registration) vs 30 working days (priority search) — these four periods are routinely confused.
  • SDLT is the buyer's liability, not the seller's; the solicitor files but the taxpayer is the buyer.
  • Wales = LTT/WRA, not SDLT/HMRC.

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash. Under the club rules she accepted on becoming treasurer, she must bank the subscriptions into the club's dedicated account within seven days. One month she receives £200 in subscriptions and spends the cash on her own gas bill that same day. She intends to replace the money from her wages before anyone notices, and pays an equivalent £200 into the club account two weeks later. Which statement best explains how section 5(3) of the Theft Act 1968 applies to the subscriptions when she pays the gas bill?

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More Property Practice topics

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Independent SQE1 revision notes for study — not legal advice; check primary sources before relying on any point. Exam rules are set by the SRA; see the official SQE site.

Post-completion (SDLT/LTT, registration) — SQE1 revision notes (FLK2) | Lawdojo