What to Expect When Dealing with Statutory Declarations in Property & Finance

At a Glance

This guide explores what statutory declarations are, their role in property and finance transactions, and when you

might need independent legal advice. It explains the risks of statutory declarations signed without independent

legal advice and how even the slightest inaccuracies can lead to legal and financial consequences.

iLA is an award-winning independent legal advice provider that offers digital ILA consultations for statutory declarations, personal guarantees, third-party charges, and more.

Call 020 4571 9207 to book your legal consultation today.

An Introduction to Statutory Declaration in Property and Finance

Property and finance transactions in the UK commonly require a statutory declaration. But if you’ve never

encountered this document before, it’s natural to wonder what a statutory declaration is all about. 

Statutory declarations are a formal statement of fact used to confirm certain information that’s difficult to obtain

or verify due to a lack of documentation or ambiguity. They’re also required if there are any discrepancies in

property titles or to establish beneficial ownership.

Statutory declarations are governed by the Statutory Declarations Act 1835. They carry serious legal and financial

implications if signed without a clear understanding of the facts being declared, their purpose, or the

consequences of false statements. 

Seeking independent legal advice in these matters can help you ensure a declarant is acting voluntarily and is aware of the content they’re

declaring to be true, as well as the potential consequences of facts turning out to be misleading or inaccurate later.

In this article, we’re exploring what you can expect when dealing with statutory declarations in finance and property.

What Is a Statutory Declaration in UK Property and Finance?

When official paper trails are missing or harder to verify, a statutory declaration serves as a statement of truth.

Whether you’re making a statutory declaration for a house purchase or a financial transaction, these statements

carry weight. They’re given the same importance as a statement made under oath in court.

A statutory declaration is a legally binding document, the contents of which are declared in the presence of an

authorised witness, who could be a commissioner of oaths, notary, or an independent solicitor. Statutory declarations

are usually used to establish identity or rights, especially where there’s a lack of proof or

evidence to confirm the same. 

In such cases, it’s strongly advised to seek independent legal advice (ILA), as any false statements made

or confirmed can invite criminal action under the Perjury Act, 1911.

When Are Statutory Declarations Required in UK Property Transactions?

So what are statutory declarations in mortgage and property transactions, and when are they required? 

It’s important to understand that statutory declarations are not a prerequisite for every property transaction.

They’re required only when official title deeds are incomplete or missing and are often used to provide sworn

evidence of facts.

For instance, a statutory declaration for a house purchase may be required when standard conveyancing

documents are insufficient to prove ownership history, access rights, or property boundaries.

Mortgage lenders and the HM Land Registry usually require a statutory declaration in such cases to

reduce legal uncertainty. 

Any facts confirmed in a statutory declaration need to be accurate and to the best of the declarant’s knowledge.

Our experienced solicitors at iLA provide independent legal advice that’s backed by expertise and can help draft

or review statutory declarations to meet lender and land registry requirements. Book your appointment today.

What Must Be Included in a UK Statutory Declaration?

Statutory declarations, whether for finance or a property purchase, need to follow a prescribed format.

These are meticulously drafted documents that require accuracy and can be rejected if certain elements are excluded. 

Aside from a declarant’s full name and residential address, a statutory declaration must include the following.

a) The statement “I, (name), solemnly and sincerely declare that…”

b) A numbered list of the facts being declared

c) This concluding sentence: “...and I make this solemn declaration conscientiously believing the same to be true,

and by virtue of the provisions of the Statutory Declarations Act 1835.”

d) An execution block with the signature of the declarant, authorised witness, date and place.

Common Issues and Risks with Statutory Declarations in the UK

Since statutory declarations are fairly common, it’s easy to assume they’re always correctly drafted. But as with

any other legal document, they also need to be properly examined and reviewed to confirm their legal validity.

Even the slightest accidental inaccuracy in the stated facts can be grounds for, say, withdrawing a mortgage offer.

Other risks include a lack of legal language, especially an absence of reference to the Statutory Declarations Act 1835.

This is crucial, as it can make a statutory declaration read more like a letter than a legal document. 

Solicitors acting as authorised witnesses to a statutory declaration must be independent, meaning they can’t

represent either party to a property or finance transaction. This allows any independent legal advice given

to remain impartial and objective.

Frequently Asked Questions About Statutory Declarations in the UK

When is independent legal advice required alongside a statutory declaration in the UK?

Financial arrangements that carry significant risks, like third-party charges, personal guarantees or where lenders require proof of informed consent, typically require independent legal advice alongside

statutory declarations in the UK.

Why do lenders insist on independent legal advice before signing a statutory declaration?

Independent legal advice strengthens the enforceability of transactions, since it confirms that declarants

are aware of the legal and financial implications of the statements they’re making on a statutory declaration.

Can a solicitor providing independent legal advice also witness a statutory declaration?

Yes, solicitors providing legal advice can also witness a statutory declaration, provided they have no conflict of interest.

What risks do I face if I sign a statutory declaration without independent legal advice?

Declarations that are challenged or prove to be misleading and inaccurate carry significant implications, including

criminal action. Seeking independent legal advice can help you clearly understand the risks and consequences

of the facts being made on a statutory declaration document.

For Expert-Led, ILA for Statutory Declarations in Property and

Finance, Choose iLA

Now you know what a statutory declaration is, you should speak to our expert solicitors for compliant advice

as you move forward.

At iLA, we provide tailored advice, backed by our expertise. We’re the UK’s leading independent

legal advice (ILA) providers, with years of experience in property and finance, and we can offer specialist advice

on a statutory declaration for a house purchase and other property-related matters.  

We’ve got you covered, whether you’re dealing in development finance, personal guarantees, equity release,

or transfer of equity. We offer you a fully digitalised process, making our ILA convenient and accessible. 

You can easily book an appointment with us and arrange for an online video call consultation from the comfort

of your office or home. We offer a no-fuss, fully transparent pricing model based on your urgency, with pricing disclosed upfront.

Ready to protect yourself from unexpected liability? Call us.