The Register of Persons Holding a Controlled Interest in Land (RCI) is a public register of persons who have a controlling influence on property or land. It launched in April 2022 and aims to improve transparency about who really owns and makes decisions in relation to land and property in Scotland.
Who and what needs to be registered?
Broadly, there are five main categories of persons to whom the RCI regulations apply and who may need to register. These are Partnerships, Trusts, Unincorporated Bodies (such as clubs or residents’ associations), overseas entities and individuals subject to contractual or other arrangements (such as option agreements).
If you are the title holder or a long-term tenant (>20 years) of property or land and are also the primary decision-maker in relation to it, then you will not need to register with the RCI. You may also be exempt from registering in the RCI if you are already subject to some other form of transparency regime - for example, Limited Companies do not need to register because they are subject to the Persons with Significant Control regime. If you are unsure on whether you might need to make a submission, we are happy to provide advice on this.
When is the deadline?
The deadline for submitting to register with the RCI is 1st April 2024. Failure to register where required is a criminal offence and could result in fines of up to £5,000.
How to register?
Submissions are made online at the Registers of Scotland website. The owner (or tenant) is to be registered as a ‘Recorded Person’, while the person who has the controlling interest in the property or land is an ‘Associate’, and upon registration will receive an Associate Reference Number. It is the responsibility of those who are ‘Recorded Persons’ to provide the information to the RCI and to ensure its accuracy.
The information required consists of basic details about the persons being registered, such as names, addresses, date of birth and the capacity in which they own or have an influence over the land or property in question
How can The McKinstry Company help you?
Should you require any further information please do not hesitate to contact our property department who will be happy to assist- there are only a few weeks left to register, so don’t get caught out!
Please contact our property department on 01292 281711.