Key Takeaways
- A statutory declaration is a formal written statement of fact, declared true by the signer before an authorised witness in England & Wales, under the Statutory Declarations Act 1835.
- A statutory declaration is typically required when no other official evidence exists, such as for identity, name changes, property matters, or by banks and public authorities.
- A statutory declaration must be signed in the presence of an authorised witness, such as a solicitor, notary public, or commissioner for oaths.
- Making a false statutory declaration is a criminal offence and may result in prosecution for perjury or other penalties.
- A statutory declaration is similar to an affidavit but does not require an oath or affirmation; it confirms facts as true for legal and administrative purposes.
- Statutory declarations can often be prepared, reviewed, and witnessed remotely via video appointment with a regulated solicitor, subject to the requirements of the receiving party.
What is a statutory declaration in England and Wales?
If you have been told you need a statutory declaration for a property, bank, or legal matter, it can often seem formal and urgent. What is rarely explained is that, unless the wording and witnessing are correct, your statutory declaration will have no legal effect, even though it may be essential for your identity, property title, or key transaction. This is more than a simple signature. It is a legal statement, declared in front of an authorised person, and there are real consequences if you get it wrong.
In England and Wales, a properly prepared statutory declaration protects you from later challenges. Banks, conveyancers, and public bodies request these documents when there is no other official evidence available. By law, only a solicitor, notary public, or commissioner for oaths can witness it correctly. Many people are surprised to discover that a remote solicitor appointment often fulfils this legal requirement, depending on the policies of the requesting authority. This can save time and expense compared to finding a local office at short notice.
If you are ready to arrange a statutory declaration witnessed by a regulated solicitor, call 020 7459 4037 or book your remote appointment online.
When is a statutory declaration required in England and Wales?
A statutory declaration is usually required when a legal, financial, or administrative process demands proof of a fact that can’t be established by existing documents. Common examples include confirming a name change for a bank or pension provider, declaring single status for marriage abroad, explaining the source of funds in a property transaction, dealing with title or boundary concerns, or providing key facts for probate, tenancy, or visa applications.
Emily was asked by her building society to provide a statutory declaration explaining a historic name change not shown on her passport or driving licence. As there was no official certificate, a statutory declaration served as the crucial evidence needed to progress her mortgage.
Key organisations which may require statutory declarations include banks, building societies, HM Land Registry, local councils, certain courts, pension providers, academic institutions, and property management firms. Statutory declarations are not limited to court proceedings; they function as practical tools wherever another form of proof is not available under English or Welsh law.
If you have been told by a solicitor, lender, or authority that a statutory declaration is required, always request their preferred wording or template. The wrong format can cause delays or rejection.
If you need your statutory declaration completed urgently or want to avoid a local office visit, you can book a remote witnessing appointment with Fast ILA.
Who can witness a statutory declaration, and what does ‘authorised witness’ mean?
A statutory declaration in England and Wales must be witnessed by an “authorised witness.” This means a solicitor, a commissioner for oaths, or a notary public. These professionals are the only people empowered under the Statutory Declarations Act 1835 to witness your declaration and confirm that you have declared the document true and signed it voluntarily.
A solicitor is a regulated legal professional and, by their qualification, most are commissioners for oaths. A notary public is specially qualified for some cross-border and commercial matters.
It’s a common misconception that “any professional” such as a doctor, accountant, teacher, or police officer can witness a statutory declaration. This is not true. Only the authorised people listed above may do so, otherwise, your statutory declaration is invalid and likely to be rejected by its recipient.
Raj needed a statutory declaration to support his British citizenship application. His neighbour, a bank manager, volunteered to sign as a “professional witness.” Raj discovered only a solicitor, commissioner for oaths, or notary public could act, so he had to repeat the process.
When booking, confirm your witness is authorised under the Statutory Declarations Act 1835. The wrong witness is one of the main reasons declarations are rejected.
How does a statutory declaration differ from an affidavit?
A statutory declaration is a formal statement of facts confirmed by the declarant as true, but without swearing an oath or making an affirmation. An affidavit, by contrast, requires the declarant to swear or affirm in front of an authorised person and is usually reserved for court evidence.
The statutory declaration, governed by the Statutory Declarations Act 1835, is used where independent confirmation is required by the recipient, but no sworn statement is needed. This typically includes name changes, property transactions, and proof of identity.
An affidavit is more formal for legal proceedings. Some authorities demand affidavits and won’t accept a statutory declaration, while banks, registries, and local authorities often specify a statutory declaration.
Check carefully what document is required before booking. Supplying the wrong one can mean costly delays.
What are the risks and consequences of making a false statutory declaration?
Making a false statutory declaration is a criminal offence under the Statutory Declarations Act 1835 and may result in prosecution for perjury. By signing, you confirm the statement is true to your best knowledge and belief. If you include information you know is false or misleading, you could face criminal penalties.
Honest mistakes that are quickly corrected are unlikely to attract prosecution. However, recklessness or grossly careless errors can still have consequences. Intent is crucial: knowingly making a false declaration may lead to criminal liability.
Hannah signed a statutory declaration stating she was the sole beneficiary of an estate, but omitted knowing there was another living relative. The false statement was discovered and she faced investigation for perjury.
Review your statutory declaration thoroughly before signing and raise any uncertainty with the solicitor. You are responsible for every statement.
Step-by-step: How to get a statutory declaration witnessed in England and Wales
Getting a statutory declaration witnessed in England and Wales follows a clear process and can usually be completed in person or remotely with an authorised witness. Here is what to expect:
- Preparation: Obtain the required wording, either from the requesting authority, a solicitor, or your own draft, following the Statutory Declarations Act 1835.
- Document and ID check: Gather your photo ID (passport or driving licence), draft declaration, and any other requested documents.
- Book your appointment: Schedule a remote video or in-person session with an authorised witness. With Fast ILA, you can book a fixed-fee remote video appointment, typically for the same or next working day.
- The appointment: Join a secure video call or visit in person. Our solicitor will confirm your identity, review the declaration with you, and ensure you fully understand its content and consequences.
- Witnessing and signing: You sign in the solicitor’s presence (via video or in person). The solicitor signs and dates the declaration as the authorised witness.
- Receiving your completed declaration: You receive the original signed declaration or an electronic or scanned copy, as accepted by the recipient.
- Submission: Send the completed declaration to the requesting party as instructed.
This video walks you through the steps of preparing, signing, and witnessing a statutory declaration in plain English.
Common mistakes include using the wrong template, choosing a non-authorised witness, or providing an electronic version when a wet-ink original is required. Always check if the recipient accepts remote or online witnessing. Most banks, local authorities, and property firms now accept remotely witnessed statutory declarations by a solicitor, but some still require in-person signatures.
Mark needed a statutory declaration for his local council but used an Australian template. The council rejected it because it didn’t comply with the Statutory Declarations Act 1835.
Before your appointment, have your paperwork or device ready, and confirm with the recipient what format (electronic or original) is accepted.
If you prefer a remote and efficient process, book a video appointment with Fast ILA.
Can a statutory declaration be completed and witnessed online?
A statutory declaration can often be completed and witnessed online in England and Wales, provided the recipient accepts this method and the solicitor follows the correct process. The law does not prohibit remote witnessing, a regulated solicitor may witness your declaration by video call, so long as your identity can be verified and the required legal formalities are observed. Many banks, councils, and authorities now accept declarations completed in this way.
Always confirm with the party needing your declaration if they will accept remote witnessing, an electronic copy, or a digital signature. Some bodies, particularly for court matters or HM Land Registry, may still insist on a wet-ink signature or in-person appointment. However, most property, banking, and tenancy scenarios now regularly accept solicitor-witnessed statutory declarations completed remotely.
Zoe arranged a statutory declaration online for her mortgage lender, who accepted a solicitor-certified PDF sent by secure email.
Before your remote appointment, ask the recipient about their requirements for format and delivery.
Choosing an online appointment with Fast ILA means you can complete your statutory declaration quickly and conveniently, as long as the recipient accepts online witnessing.
The Fast ILA advantage: England & Wales statutory declaration witnessing made easy
Fast ILA provides a seamless alternative to traditional office witnessing by offering fixed-fee, SRA-regulated solicitor appointments by video call or in person. Our process is designed for speed, reliability, and compliance, ensuring your statutory declaration is accepted by the requesting bank, authority, or firm.
Key benefits of our service include:
- SRA-regulated solicitors to lawfully witness your statutory declaration, meeting the requirements of banks, property, and public institutions
- Remote or in-person appointments, offering same-day or scheduled options
- Secure document upload and prompt certified delivery in the format accepted by your recipient
- Transparent fixed pricing with no hidden fees
You gain peace of mind that your statutory declaration is completed correctly, reducing the risk of rejection or delay.
Statutory declaration witnessing does not have to be slow or difficult, with Fast ILA, you can often complete everything within a day from your own home if remote witnessing is permitted.
Frequently asked questions about statutory declarations in England and Wales
Who can legally witness my statutory declaration?
Only a solicitor, commissioner for oaths, or notary public authorised under the Statutory Declarations Act 1835 can witness your statutory declaration in England and Wales.
What documents do I need for a statutory declaration?
You will need your draft statutory declaration (with correct wording), photo ID (passport or driving licence), and, if requested, proof of address or a letter from the requesting party.
What is the difference between a statutory declaration and an affidavit?
A statutory declaration does not involve swearing or affirming. An affidavit is sworn or affirmed before a witness and commonly used in court matters. Statutory declarations serve administrative, property, or banking needs.
Can I arrange a statutory declaration online in England or Wales?
Yes, many statutory declarations can be completed online by booking a remote video appointment with a solicitor, subject to the recipient’s acceptance.
How quickly can I get a statutory declaration witnessed?
Turnaround varies by provider. With Fast ILA, you can book same-day or future appointments for remote witnessing.
Do I need a solicitor, or can any professional witness my statutory declaration?
Only an authorised witness (solicitor, commissioner for oaths, or notary public) can legally witness your statutory declaration. Other professionals are not accepted.
What happens if I make a mistake or include incorrect information?
If you discover a mistake and it is genuinely honest, you can usually correct it by re-signing. Deliberate false statements can lead to prosecution.
Will my bank or authority accept a statutory declaration completed by video call?
Most now accept solicitor-witnessed declarations by video, but always confirm with them before proceeding.
Is a statutory declaration valid outside England and Wales?
Statutory declarations are based on England & Wales law. If for use abroad, check if the recipient or local authorities will accept it.
How much does a statutory declaration cost to witness?
For current Fast ILA fixed fees to witness a statutory declaration, see our booking page or call for details.
Book Your Statutory Declaration ILA with Fast ILA Today
If you need a statutory declaration witnessed for a bank, property transaction, local authority or similar requirement, this article has explained when these documents are used, who can act as a valid witness in England and Wales, and why choosing an authorised solicitor is essential for compliance. We showed how Fast ILA’s straightforward process lets you prepare, review, and complete your statutory declaration with a solicitor by video appointment, helping you avoid common errors and delays.
Our SRA-regulated solicitors provide statutory declaration witnessing remotely or in person, with fixed-fee appointments and documentation delivered in the format required by your recipient.
Call Fast ILA on 020 7459 4037 or use our online booking form to arrange your statutory declaration appointment.
