What is a statutory declaration, and how do you make one?

When you might need one

A statutory declaration is used where an organisation needs formal confirmation of facts and there’s no other document that proves them. Common examples:

• Change of name: some organisations accept a statutory declaration instead of a deed poll
• Lost documents: confirming that title deeds, a share certificate or another document has been lost
• Land and property: confirming how long you’ve occupied land, or facts about rights of way, for HM Land Registry
• Lenders and conveyancers: confirming facts they’ve asked for, such as who lives at a property
• Estates, pensions and insurance: confirming relationships, identity or other facts for a claim

Statutory declaration, affidavit or statement of truth?

• A statutory declaration is used outside court proceedings.
• An affidavit is a sworn statement used in court proceedings.
• A statement of truth is signed without a witness. HM Land Registry and the courts accept one for some purposes, so check which the person asking for it needs.

How to make one

1. Get the wording right

The declaration sets out facts in numbered paragraphs, in the first person, and ends with the standard wording from the 1835 Act: “I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.” Often the organisation asking for it supplies a template. Check every fact is accurate and complete.

2. Prepare any exhibits

If the declaration refers to documents, such as an old deed or a plan, they’re attached as exhibits. Each one is marked, for example “Exhibit A”, and signed by the person witnessing the declaration.

3. Make the declaration

Take the unsigned declaration and photo ID to the solicitor or other authorised person. They check your identity and ask you to confirm the contents are true. You sign in front of them, and they sign and date it to confirm it was declared before them.

Who can witness it?

A solicitor with a practising certificate, a commissioner for oaths, a notary public, a justice of the peace and certain other authorised people. They must be independent: not a relative and not involved in the matter. If the declaration is to be used abroad, it may need to be made before a notary public and then legalised.

Can it be done online?

In England and Wales, statutory declarations are normally made in person. A solicitor can go through the wording with you by video beforehand, so the appointment to make the declaration itself is quick.

Getting it wrong

Knowingly making a false statutory declaration is a criminal offence under the Perjury Act 1911, punishable by up to two years’ imprisonment. If you realise something is wrong after making it, speak to a solicitor about making a corrected declaration.

See solicitor for a statutory declaration.