Key Takeaways
- You can write your own statutory declaration in England and Wales, but it is only legally valid if it follows the prescribed wording and is signed before an authorised witness such as a solicitor, commissioner for oaths, or notary public.
- A statutory declaration must contain specific wording set out in the Statutory Declarations Act 1835, and significant deviation can make it invalid for official or legal purposes.
- The declaration must be signed in the physical presence of an authorised witness, who confirms your identity and certifies the formal act, not the truth of your statement.
- Common mistakes, including incorrect wording, using the wrong witness, or signing outside the presence of the witness, will usually result in rejection by lenders, conveyancers, or authorities.
- Solicitors provide additional value by checking compliance, explaining the legal effect, and ensuring the process meets the expectations of financial institutions and legal authorities.
Can I write my own statutory declaration in England and Wales?
You can write your own statutory declaration in England and Wales, but the real risk lies not in the facts you state but in the technical legal details. The law requires you to use precise statutory wording, sign only before an authorised witness, and comply exactly with the Statutory Declarations Act 1835. If any requirement is missed, lenders, solicitors or authorities can reject your declaration, leading to delays in your transaction.
Our solicitors do not confirm whether your statement of fact is true. Instead, we focus on ensuring your statutory declaration meets every legal requirement expected by lenders and authorities. This includes checking the prescribed wording, witnessing your declaration correctly, and confirming your identity. In property transfers, equity release, or any lender-related transaction, this level of precision is critical because banks and institutions may refuse a declaration if any technicality is wrong.
If you need your statutory declaration witnessed promptly by an SRA-regulated solicitor, our team can help. Phone us on 020 7459 4037 or use our instant booking form to arrange a remote, fixed-fee appointment.
What is a statutory declaration in England and Wales?
A statutory declaration is a formal written statement of fact, made and signed following a prescribed legal format under the Statutory Declarations Act 1835. Statutory declarations are commonly used when no official document exists to prove a certain fact. They are often required in property and finance transactions, such as conveyancing, equity release, and bridging loans, particularly where a lender or authority insists on a formal, witnessed confirmation.
These declarations are frequently requested by lenders to confirm facts such as occupation status or the source of funds in a purchase or remortgage. Compliance with legal formality and accuracy is essential for the declaration to be accepted.
Can I write my own statutory declaration in the UK?
You may draft your own statutory declaration, but it only becomes legally valid if it strictly uses the statutory wording, follows the correct format, and is signed before an authorised witness. The challenge is that any deviation from the requirements of the Statutory Declarations Act 1835 will likely result in rejection by lenders or authorities, regardless of how accurate your facts are.
The law is precise about the format as well as the content. You can state your own facts, but the legal effect only attaches if every technical step is correct. DIY statutory declarations can result in costly errors and delay, especially in lender-driven property transactions.
If you want to ensure your declaration will be accepted, our solicitors can guide you through remote, fixed-fee witnessing appointments, so you comply with every legal requirement.
What are the legal requirements for a valid statutory declaration?
To be valid, a statutory declaration must:
- Use the exact wording set out in the Statutory Declarations Act 1835,
- Include your full legal name, address, and occupation,
- Be in the correct format, and
- Be signed in the physical or real-time electronic presence of an authorised witness, such as a solicitor, commissioner for oaths, or notary public.
This video clearly explains the statutory declaration requirements, step by step, using everyday property examples and practical advice.
The statutory wording must include: “I [name] of [address], do solemnly and sincerely declare…” and finish with “…and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act 1835.” Changing or omitting even a small part of this can make your declaration invalid.
By meeting the legal requirements, your statutory declaration will be accepted by lenders, solicitors, and authorities.
Who can witness a statutory declaration and what does the solicitor do?
Statutory declarations must be witnessed by an authorised person under the Statutory Declarations Act 1835, which covers solicitors, commissioners for oaths, notaries public, justices of the peace, or in limited cases, certain consular or military officers. For property and finance transactions, a solicitor who is SRA-regulated and independent from the other parties is most commonly accepted.
The solicitor’s responsibility is not to verify the truth of your facts, but to:
- Confirm your identity,
- Witness your signature,
- Ensure you understand the legal effect of the declaration, and
- Make sure every technical legal requirement is followed.
Independence matters: a declaration witnessed by a friend, someone involved in the transaction, or a non-qualified person will usually be rejected.
Correctly witnessed statutory declarations minimise the risk of challenge or refusal by those relying on them.
Common mistakes that make a statutory declaration invalid
Frequent mistakes include using the wrong or incomplete statutory wording, not having your signature witnessed by an authorised person, signing outside the immediate presence of the witness, missing personal details, using unapproved digital signatures, or submitting a template that your lender or authority does not accept. Another common error is using a non-independent witness, such as a friend or party to the transaction.
Technical mistakes remain the main reason statutory declarations are refused in property and finance transactions. If you are unsure, booking a solicitor-led remote appointment with us ensures you meet requirements the first time.
Statutory declarations in property, finance, and lender transactions
Statutory declarations feature frequently in property and finance transactions to certify key facts, such as:
- Confirming non-occupancy before a sale,
- Explaining missing title deeds,
- Evidence for gifted deposits,
- Providing facts for equity release, or
- Meeting requirements in bridging loans or remortgages.
Given how strictly financial institutions and solicitors treat the legal format of statutory declarations in these cases, proper witnessing and legal compliance are essential for a smooth transaction.
Witnessing your statutory declaration online with Fast ILA: how it works
Our process allows you to have your statutory declaration witnessed online by an SRA-regulated solicitor, ensuring a secure and efficient experience that meets lender and authority expectations. The typical process includes:
- Book online: Choose a date and time using our online system.
- Upload your draft: Send your statutory declaration draft and any lender template for our review before the meeting.
- Identity check: Our solicitor verifies your ID in line with compliance needs.
- Video witnessing: Attend a scheduled video call, read and sign your declaration in real time, and our solicitor witnesses and signs.
- Receive your document: Get your signed statutory declaration promptly for use in your transaction.
Remote witnessing follows current accepted protocols and is suitable for urgent deadlines.
Our online service helps you meet every legal requirement for statutory declarations quickly and confidentially.
The Fast ILA advantage: expert, remote, fixed-fee statutory declaration service
Fast ILA provides several benefits for clients needing statutory declarations in property, finance, or lending transactions:
- SRA-regulated solicitors for maximum authority and lender acceptance,
- Remote or video witnessing, allowing declarations to be completed from anywhere,
- Fixed-fee pricing,
- Template and wording checks to ensure lender acceptance,
- Compliance and documentation checks,
- Secure handling of your documents,
- Fast booking and turnaround, with urgent appointments available for pressing deadlines.
You can book your remote, fixed-fee statutory declaration appointment online and our solicitors will handle all the compliance for you.
Frequently asked questions about writing and witnessing statutory declarations
Can I write my own statutory declaration and have it accepted by a lender?
You can draft your own statutory declaration, but lenders will accept it only if the wording and procedural formalities of the Statutory Declarations Act 1835 are followed precisely and it is signed before an authorised witness.
Who can witness my statutory declaration in England and Wales?
Your statutory declaration can be witnessed by a solicitor, commissioner for oaths, notary public, justice of the peace, or certain consular or military officers. Most lenders require an SRA-regulated solicitor who is independent of the transaction.
What are the legal requirements for a valid statutory declaration?
To be valid, your statutory declaration must use precise statutory wording, clearly identify you (name, address, occupation), be correctly formatted, and be signed in real time before an authorised witness who also provides their credentials.
What happens if I use the wrong wording in a statutory declaration?
Incorrect or incomplete statutory wording commonly results in outright rejection by lenders, solicitors, or authorities. This leads to delays and extra costs to submit a corrected declaration.
Is a solicitor needed for a statutory declaration?
While various authorised witnesses are recognised by law, most property and lender transactions require a solicitor who is SRA-regulated and independent to witness the statutory declaration for full acceptance.
Can a statutory declaration be witnessed remotely?
Yes, so long as all identification and procedural requirements are observed, a statutory declaration can be witnessed via video call under current accepted practice.
What are common mistakes with statutory declarations?
Typical mistakes include incorrect or incomplete statutory wording, use of an unqualified or non-independent witness, missing details, and using the wrong lender template.
How quickly can I get a statutory declaration witnessed online?
With Fast ILA, you can usually schedule a remote video witnessing appointment on the same day or on an urgent basis, subject to availability.
Will the witness check if what I say is true?
No. The solicitor or authorised witness verifies your identity, ensures you understand the declaration’s legal effect, and witnesses execution, but does not check the truth of your statement.
How is a statutory declaration different from an affidavit?
A statutory declaration is a formal affirmation under the Statutory Declarations Act 1835, used outside court proceedings. An affidavit is sworn on oath and typically used in court.
For help with statutory declarations or related lender and property matters, you can explore our range of remote ILA services.
Book your statutory declaration witnessing with Fast ILA today
Booking your statutory declaration with Fast ILA ensures your statement meets every legal, lender, and authority standard. Our SRA-regulated solicitors provide remote appointments, fixed-fee certainty, and full compliance checks to help you avoid mistakes and delays under the Statutory Declarations Act 1835.
To arrange your statutory declaration, use our online booking system or phone us on 020 7459 4037 for urgent appointments. Our regulated, lender-recognised process keeps your transaction fast, compliant, and secure.
