UK Statutory Declaration
Understanding statutory declaration in the UK helps ensure the document is prepared correctly and accepted by the receiving authority.
The statutory declaration (UK) refers to a formal written statement of fact made under the Statutory Declarations Act 1835, signed in the physical presence of an authorised witness such as a solicitor, commissioner for oaths, or notary public.
In the UK, a statutory declaration is commonly used where no official certificate or document exists to prove a fact, or where evidence is incomplete. Making a false statutory declaration is a criminal offence.
Quick Answers (UK)
- What is it?
A legally binding declaration of truth (not usually sworn on oath). - Who can witness it?
Solicitor / Commissioner for Oaths, Notary Public, Justice of the Peace (and limited others). - Is physical presence required?
Yes. Physical presence is the default legal requirement. - Can it be done online?
Sometimes, but acceptance depends entirely on the receiving organisation or country. - Using it abroad?
Often requires Notarisation / Solicitor Certification, plus an apostille or embassy legalisation.
What Is a Statutory Declaration Used For in the UK?
In the UK, statutory declarations are used when an authority, court, regulator, lender, or organisation requires a legally binding confirmation of facts, but no standard certificate or documentary proof exists.
UK Statutory Declaration: Common UK Uses of a Statutory Declaration
1. Tenancy Deposit Claims
(Landlord or tenant statutory declaration when the other party is uncontactable)
Used by UK tenancy deposit protection schemes when one party does not engage with the deposit return or deductions process (for example, rent arrears, damage, or cleaning).
Approved schemes include:
1. Deposit Protection Service (DPS): https://www.depositprotection.com/
2. MyDeposits: https://www.mydeposits.co.uk/
3. Tenancy Deposit Scheme (TDS): https://www.tenancydepositscheme.com/
Each scheme uses its own prescribed statutory declaration template.
2. Name Change / Identity Confirmation
Used to confirm that:
- Different names refer to the same person, or
- A person has changed their name
Commonly required by universities, banks, regulators, and overseas authorities.
UK government example wording:
https://assets.publishing.service.gov.uk/media/5a7a5cafed915d71db8b1817/19049-statutory-declaration.pdf
3. Declaration of Solvency
(Property gifts, transfers at undervalue, or company procedures)
A statutory declaration of solvency is commonly required where:
- Property is gifted or transferred at undervalue
- Company directors must confirm the company can pay its debts
Relevant law:
- Insolvency Act 1986 – s.339 (transactions at undervalue)
https://www.legislation.gov.uk/ukpga/1986/45/section/339 - Declaration of solvency (company law)
https://www.legislation.gov.uk/ukpga/1986/45/part/IV/chapter/II/crossheading/declaration-of-solvency
Making a false declaration is a serious criminal offence.
4. Property Matters
(Ownership history, rights of way, long use or occupation)
Used to establish historical property facts where records are missing, including:
- Rights of way and access
- Prescriptive easements
- Long use or continuous occupation
HM Land Registry guidance:
https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription
5. Corporate and Insolvency Procedures
Used in company restructurings, insolvency filings, and director confirmations, often with personal liability if false.
Primary legislation:
https://www.legislation.gov.uk/ukpga/1986/45/part/IV/chapter/II/crossheading/declaration-of-solvency
6. Local Authority or Housing Confirmations
(e.g. Right to Buy – buying your council home)
Local authorities may require statutory declarations to confirm eligibility, occupancy history, or intentions.
Right to Buy guidance:
https://www.gov.uk/government/publications/right-to-buy-a-guide-for-local-authorities/right-to-buy-a-guide-for-local-authorities
7. Overseas Applications
(Visas, citizenship, consular processes)
UK statutory declarations are often accepted for:
- Visa applications
- Citizenship or residency
- Consular or embassy processes
When used abroad, this often requires:
- Notarisation / Solicitor Certification
- Apostille (Hague Convention countries), or
- Embassy / consular legalisation (non-Hague countries)
8. Traffic and Enforcement Matters
(PE3 / PE2 – unpaid penalty charges)
Used to challenge escalation of unpaid Penalty Charge Notices (PCNs) where:
- The original notice was not received
- An appeal was made but no response received
Prescribed form:
https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice
9. Professional Admission and Regulatory Applications
Used to confirm character, suitability, or background matters for professional registration.
Examples:
- Solicitors Regulation Authority (SRA) – statutory declaration in place of criminal checks
https://www.sra.org.uk/contentassets/776368ab739b49cc884c6b7635691fb3/statutory-declaration-in-place-of-criminal-checks.pdf - General Pharmaceutical Council (GPhC) – pharmacist registration
https://www.pharmacyregulation.org/pharmacists/registering-pharmacist
UK Statutory Declaration: Who Can Witness a Statutory Declaration?
The declaration must be signed in the presence of:
- Solicitor or Commissioner for Oaths
- Notary Public
- Justice of the Peace
- Certain UK military officers
- UK diplomatic or consular officers (when abroad)
Remote witnessing is possible, and acceptance depends on the receiving authority.
UK Statutory Declaration: Mandatory Legal Wording & Template
A statutory declaration is only valid if it contains the wording prescribed by the Statutory Declarations Act 1835.
STATUTORY DECLARATION
I [FULL NAME], of [FULL ADDRESS], do solemnly and sincerely declare that:
[Insert the facts being declared]
And I make this solemn declaration conscientiously believing the same to be true, by virtue of the provisions of the Statutory Declarations Act 1835.
Declared at: [Place]
On: [Date]
Before me:
[Signature, name, and capacity of Solicitor / Commissioner for Oaths / Notary Public]
UK Statutory Declaration vs Affidavit
| Statutory Declaration | Affidavit |
|---|---|
| Governed by 1835 Act | Sworn under oath |
| Administrative / legal use | Common in court |
| Not always sworn | Always sworn |
They are not interchangeable.
UK Statutory Declaration: Using Abroad
Depending on the destination country, you may need:
- Notarisation / Solicitor Certification
- Apostille
- Embassy legalisation
Always confirm requirements with the receiving authority.
UK Statutory Declaration: How Ginkgo Advisory May Help
Ginkgo Advisory is not a law firm and does not provide reserved legal activities.
Subject to solicitors’ availability, we may provide administrative coordination only by introducing clients to independent UK-qualified solicitors who are able to witness statutory declarations. Ginkgo Advisory does not prepare, draft, advise on, or witness statutory declarations, and does not guarantee that an introduction to a solicitor will be successful.
Any statutory declaration is witnessed solely by the independent solicitor, who acts in their own professional capacity. The availability of remote witnessing, where applicable, is determined entirely by the individual solicitor.
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