Statutory declaration of no encumbrances Template (United Kingdom)

Updated on 6 August 2026

A UK statutory declaration of no encumbrances is a sworn or formal statement used to support a property sale, refinance, construction payment, settlement, or title file. It says what the signer knows about charges, encumbrances, unpaid construction claims, mortgages, hypothecs, privileges, or similar interests affecting a property or project.

For England and Wales, this is usually a statutory declaration or title/transaction statement, not a US mechanic lien affidavit. It should not replace Land Registry evidence, a title report, or a construction payment waiver.

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Declarant capacity

Statutory declaration of no encumbrances

I, , make this declaration on .

1. Capacity

I make this declaration as owner, seller, or authorised representative of the owner or seller.

2. Property and Covered Period

The property, transaction, or project is: . Title or registry reference: . This statement covers matters known to me through .

3. Statement

To the best of my knowledge after reasonable inquiry, and except as listed below, I am not aware of unpaid claims, charges, encumbrances, liens, privileges, hypothecs, mortgages, or similar interests arising through me or the covered project that would make this statutory declaration of no encumbrances misleading.

4. Exceptions

Known exceptions are: .

5. Reliance and Limits

may rely on this declaration for the identified transaction, but it does not replace any registry search, release, discharge, title report, court order, official form, or statutory waiver required in .

Declarant

Date:

Witness, notary, commissioner, or authorised person: .

Use it as a factual declaration, not a title guarantee

The document should identify the property, project, signer, source of knowledge, covered period, and exceptions. It should not promise more than the signer can verify. A contractor knows its payment ledger; an owner may know about mortgages and notices received; a notary or title professional may have registry evidence. Those are different knowledge bases.

This template therefore includes an exception field and states that registry searches, releases, discharges, holdback calculations, and official forms still control where they are required.

Local equivalent, not a US lien affidavit

The US phrase "no lien affidavit" does not travel cleanly. In United Kingdom, the better local search intent is statutory declaration of no encumbrances. It may support a transaction file, but it does not clear a registered charge, replace a mortgage discharge, release a privilege, or satisfy construction-security requirements by itself.

Before signing, ask what the recipient actually needs: a sworn declaration, title search, registry extract, notarial certificate, statutory release, waiver, discharge, final account, or court record.

Exceptions are a feature

A useful declaration lists unresolved matters instead of deleting them. Retainage, disputed invoices, unpaid taxes, known claims, conditional releases, mortgages awaiting discharge, charges, hypothecs, and pending title corrections belong in the exceptions field.

That is safer than a sweeping statement that no possible encumbrance exists. A disclosed exception can be managed at closing; a false declaration becomes a claim.

Clause-by-clause guide

Declarant capacity: Identifies whether the signer is owner, seller, contractor, subcontractor, supplier, agent, director, trustee, or another person with knowledge.
Property and project details: Ties the declaration to a real address, title reference, parcel, contract, or transaction.
Knowledge qualifier: Limits the statement to what the declarant knows after reasonable inquiry.
Exceptions: Captures unpaid amounts, disputes, registered interests, retainage, conditional releases, or other matters.
Reliance: States who may rely on the declaration and for which transaction.
Oath or notary block: Leaves space for the local oath, statutory declaration, notary, commissioner, or authorised witness requirement.

United Kingdom checklist

Use the local instrument
For England and Wales, this is usually a statutory declaration or title/transaction statement, not a US mechanic lien affidavit. It should not replace Land Registry evidence, a title report, or a construction payment waiver.
Statutory Declarations Act 1835
Do not replace registry evidence
A declaration does not by itself remove a registered mortgage, charge, hypothec, caveat, lien, or privilege.
Name the knowledge source
State whether the signer relies on personal knowledge, accounts, title searches, payment records, or professional advice.
List exceptions
Known unresolved matters should be disclosed and handled in the transaction documents.
Use the right witness or notary wording
The signing formalities depend on the local oath, statutory declaration, notarial, court, or registry requirement.

How to use this declaration

Confirm the local instrument. Check whether United Kingdom requires a declaration, title search, discharge, release, official form, or notarial certificate.
Identify property and project. Add address, title, parcel, contract, project, transaction, and recipient details.
State capacity and knowledge. Say whether the signer is owner, contractor, agent, director, trustee, or another person with knowledge.
List exceptions. Disclose unpaid amounts, mortgages, charges, retainage, disputes, or registry matters.
Execute properly. Use the local oath, statutory declaration, notary, commissioner, or witness process.

Frequently asked questions

Is this a UK version of a US no-lien affidavit?

No. It is drafted around the local concept of a statutory declaration of no encumbrances and warns that registry evidence, discharges, releases, or construction-specific documents may be required.

Does signing this remove a registered charge?

No. A registered mortgage, charge, hypothec, caveat, lien, privilege, or title restriction normally needs the correct release, discharge, registry filing, or court process.

Who should sign it?

The person with relevant knowledge: owner, seller, contractor, subcontractor, agent, director, trustee, or another authorised person. The capacity should be stated.

What goes in exceptions?

Any unpaid amount, disputed invoice, retainage, mortgage, registered interest, pending discharge, tax issue, title defect, or known claim.

Does this need a notary or commissioner?

Possibly. Execution depends on United Kingdom's oath, statutory declaration, notarial, court, registry, or transaction requirement.

Can a buyer or lender rely on it?

Only for the transaction and facts stated. It should be used with due diligence, not instead of due diligence.

Related templates

Certificate of service Template (United Kingdom)

Disclaimer

This UK statutory declaration of no encumbrances template and guide are provided for general information only and are not legal, tax, employment, regulatory, title, notarial, court-filing, or professional advice. Local law and required forms can change; confirm the current rule and get advice before relying on the document.