Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
The Register of Persons Holding a Controlled Interest in Land (“RCI”) became operational on 1 April 2022, introducing new reporting requirements for many landowners and tenants in Scotland. The RCI looks beyond land ownership and aims to increase transparency by containing information about those who have a “controlled interest” in the land and make day-to-day decisions about it.. With financial penalties being imposed from 1 April 2023 for failure to comply, this article sums up what you need to know about the RCI.
An RCI submission is required where land in Scotland is owned or held by a tenant under a lease of over 20 years, and persons other than that owner or tenant exercise significant influence or control in connection with that land. The owner or tenant in this scenario is referred to as the “Recorded Person”, while those with a controlled interest in the land are “Associates”.
Broadly, there are five categories of Associates for the purpose of the RCI: individuals, partnerships, trusts, unincorporated bodies and overseas entities. Registers of Scotland have produced further guidance on identifying Associates and the circumstances in which associations may arise.
There are exemptions. No RCI submission is required where the owner or tenant is already subject to transparency regimes, including charitable organisations and those who report to the register of people with Significant Control held by Companies House.
The duty to register falls on the Recorded Person, though agents can make submissions to the RCI on behalf of their clients when instructed to do so. Associates have a duty to provide information upon request. Once a submission to the RCI is made, Recorded Persons must inform their Associates of this within 7 days.
The information provided must be accurate and kept up to date. Should the details or identity of Recorded Persons or Associates change, the RCI must be updated accordingly within 60 days of the change. This may occur, for instance, where land is owned by a Trust and the Trustees change. Likewise, new associations must be reported within 60 days of being formed.
Submissions to the RCI can be made for free using the Registers of Scotland website. Searching the Register is also free.
You must provide details about the land itself and the capacity in which the Recorded Person owns or leases it. The personal details of Recorded Persons and Associates are also required, including names, contact addresses and dates of birth (for individuals) or registered numbers (for organisations). For Associates, you will be asked to confirm the date on which the association with the Recorded Person began. Recorded Persons must confirm that Associates have verified their details.
Yes, with the exception of Associates’ dates of birth, the information on the register will be publicly accessible. Associates can apply for a security declaration to prevent their details from being disclosed where sharing such information would put them, or someone connected with them, at risk of violence, abuse, threat of violence or abuse, or intimidation.
While the RCI came into force 1 April 2022, landowners and relevant tenants have one year to register. From 1 April 2023, criminal penalties can be imposed for Recorded Persons and Associates who fail to comply with their duties in connection with the RCI. This could result in a fine of up to £5,000. Offences include deliberately failing to disclose information and making misleading statements.
Sally Scott-Lintott is a senior solicitor within our Commercial Property Group If you think you may be affected by the RCI regulations and would like further advice, or you would like to discuss any other commercial property matter, then please complete the enquiry form or call on 0131 225 1200.
At Murray Beith Murray, we are committed to providing a high-quality service. We are more than just lawyers - we’re trusted advisors. Our personal, attentive service coupled with sage, astute and commercially-minded guidance allows us to build long-term, ongoing relationships with our clients, helping them to protect their interests.
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