If you are thinking of registering your boat, have you wondered whether boat registration is necessary? Are there circumstances in which you must register your boat and what are the benefits?
As an owner of a pleasure craft in the UK, registration of your vessel is not currently compulsory unless your vessel is subject to a marine mortgage, or unless you intend to sail in international waters as there is a legal requirement for vessel registration under international law.
Nevertheless, many boat owners still elect to register their boats for a number of good reasons. Regardless of whether you intend to sail in international waters or not, one of the main benefits of registering your boat is to legally prove its ownership and nationality. Registration gives you certainty over your legal rights and obligations as a boat owner and establishes which jurisdiction’s laws will apply. Given that vessels are movable and valuable assets that can incur liabilities to others (especially at sea), this is important.
If your boat is registered in the UK, you will be legally obliged to comply with English law including controls and regulations relating to construction, safe navigation, reduction and control of marine pollution, manning of vessels and training of crew, and investigations involving casualties and marine disasters. However, you will also be able to claim protection under English law in the event, for example, of a collision or maritime disaster, no matter where you are in the world.
In addition, registration of your boat in the UK brings with it authorisation to fly the British Red Ensign Flag with all the recognition, prestige and protection that confers. YachtlingLawyers have produced a Guide to British Red Ensign and Yacht Flagging so don’t forget to access our esstential boat owners guides and download them free from our website.
So how do you register your boat in the UK? Assuming you are the owner of a pleasure craft, you will need to register either in Part 1 or Part 3 of the Ship Register, depending on the size of your vessel, its intended use, and the intended cruising waters you will be sailing in.
Register your boat under Part 1 of the UK Ship Register if:
- It is over 24 metres in length
- It is owned by a company
- A lender has taken security over the boat and requires a marine mortgage or charge to be registered against it
- You intend to cruise in international waters for long period of times.
Register your boat under Part 3 of the Small ShipsRegister if:
- It is under 24 metres in length
- It is owned by a private individual(s) ordinarily resident in UK
- It is not subject to marine finance or loan arrangement
- You only intend to cruise in UK waters
If you need any help or guidance with regards boat registration and the application process, please contact Hannah at YachtingLawyers by email hannah@yachtinglawyers.com or on +44 (0) 20 7127 8462.