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ID1 form for EU national

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  • ID1 form for EU national

    I'm in a really frustrating situation and not sure what to do.

    I'm currently in the process of buying a flat with a shared freehold. I know all of the freeholders personally and they are keen for the sale to go ahead. Everything is signed and sorted except for the last ID1 form to accompany one of the freeholder'TR1 forms.

    The freeholder who hasn't completed the form is an EU national living in Spain. As far as I know they do not hold a UK passport or citizenship, but did briefly live in the UK a few years ago.

    The seller's solicitor (who has not been the best) advised that this freeholder has to see someone in person to complete the ID1 form. Our solicitor disagrees and says an online service based in the UK is fine.

    The seller talked to his solicitor about this and they said that they would actually be able to complete the ID1 form with the freeholder online. They also emailed him to say that they couldn't help due to 'specific requirements'. Unfortunately he's not sure whether the phone call where he talked to them or the email came first and the solicitor is now unavailable until Monday.

    The freeholder involved is extremely confused and not sure what to do.

    Is anyone able to confirm how an EU national with an EU passport and address, and who is currently in Spain needs to go about filling in this form? Do they need to involve a Spanish solicitor of some kind? Or is online fine? Can the seller's solicitor refuse to accept an online verification even if our solicitor is happy? Would the land registry potentially reject it?

    There have been lots of delays caused by the seller's solicitor and we're increasingly at risk of the sale falling through if this drags our any longer. If this happens, both the seller and us will be in serious trouble!

    ​​​
    Tags: None

  • #2
    The LR guidance note on ID1 appears to answer your question:

    Verification of identity of persons resident overseas
    Where a person is resident overseas and it is not possible for their identity to be verified by a UK conveyancer, section B of the ID1 or ID2 should be completed and signed by a lawyer or notary public qualified to practice in the person's country of residence. The form should be amended to include confirmation of the country in which the lawyer or notary public is qualified to practice, confirmation that they are so qualified to practice and the name and address of the body with which they are registered to practice.

    https://www.gov.uk/guidance/completi...ms-id1-and-id2
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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