Planning, Development and Infrastructure Act 2016

If a charge on land is created under a provision of this Act, the person in whose favour the charge is created may deliver to the

Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.

On receipt of a notice under subsection (1), the Registrar-General must, in relation to any land referred to in the notice, enter a note of the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real

Property Act 1886, against the land.

Where a note has been entered under subsection (2), the Registrar-General must not register an instrument affecting the land to which the entry relates unless—

the instrument—

was executed before the entry was made; or

has been executed under or pursuant to an agreement entered into before the entry was made; or

relates to an instrument registered before the entry was made; or

the instrument is an instrument of a prescribed class; or

the instrument is expressed to be subject to the operation of the charge;

or

the instrument is a duly stamped conveyance that results from the exercise of a power of sale under a mortgage, charge or encumbrance in existence before the entry was made.

An instrument registered under subsection (3)(a) or (b) has effect, in relation to the entry, as if it had been registered before the entry was made.

If an instrument is registered under subsection (3)(d), the charge will be taken to be cancelled by the registration of the instrument and the Registrar‑General must make the appropriate entries to give effect to the cancellation.

The person in whose favour a charge exists must, if the amount to which the charge relates is paid, by notice to the appropriate authority in a form determined by the Registrar-General, apply for the discharge of the charge.

The

Registrar‑General must then cancel the relevant entry.