Charging Order on Property: How to Secure a CCJ Against a Debtor's House

A bailiff seizes physical goods. An attachment of earnings takes money from wages. But if the debtor owns property, a charging order secures your judgment against their land — like a second mortgage in your favour. The debt does not get paid immediately; if the property is sold, the charge must be dealt with against the debtor's proceeds. For larger debts, you can even apply to force a sale.

What a charging order does

A charging order under the Charging Orders Act 1979 and CPR Part 73 places a legal security interest over the debtor's beneficial interest in land or property. It converts your unsecured judgment into a secured debt. The charge is registered at HM Land Registry, and it binds the property: when the debtor sells or remortgages, your debt must be settled from the proceeds.

It does not generate immediate cash. But it protects you against the debtor dissipating their assets, and — for debts large enough to justify it — opens the door to an order for sale.

How to apply

Step 1: File Form N379 (Application for a Charging Order on Land) at the CNBC or local County Court hearing centre. The court fee is £139 per property (EX50 Fee 8.4(b)).

Step 2: Interim Charging Order issued. The court issues the interim order without notice to the debtor — preventing the debtor from selling the property while the application is processed. A Legal Adviser (a court officer with legal qualifications) can issue the interim order administratively.

Step 3: Serve the interim order. You must serve the interim charging order on the debtor, any co-owners, mortgagees and other interested parties within 21 days of issue.

Step 4: Register at Land Registry. How you register depends on the ownership structure:

• Sole ownership: Register the interim order as an Agreed Notice or Unilateral Notice on the title. Once the order becomes final, it acts as a fixed charge over the legal estate.
• Joint ownership (tenants in common): The charge attaches only to the debtor's beneficial interest, not the legal title. You register a Form RX1 Restriction instead of a notice. This alerts you if the owners try to sell or remortgage, but does not prevent the sale of the legal title.

Step 5: Final Charging Order. If the debtor does not file written objections within 28 days of service, the court makes the final order — typically without a hearing. If the debtor objects, the matter goes before a judge.

Charging order vs restriction at Land Registry

This distinction confuses many creditors. When the debtor is the sole registered proprietor, you register a notice on the title — the charge attaches directly to the property. When the debtor co-owns the property (commonly with a spouse as joint tenants or tenants in common), you cannot charge the legal title. Instead, you register a restriction (Form RX1) against the title, which flags any dealing so you can protect your interest. The restriction does not give you a charge over the entire property — only over the debtor's beneficial share.

Can you force a sale?

A Final Charging Order secures the debt but does not force the debtor to sell. To convert the charge into cash, you need a separate application for an Order for Sale under CPR Part 73 (using Form N436 or N244). The court exercises discretion under Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996), considering:

• Whether children live at the property
• The level of mortgage equity
• Whether the debt is proportionate to the property value
• The debtor's overall financial circumstances

For smaller debts, courts are reluctant to order the sale of a family home. For larger debts where the debtor has substantial equity, an order for sale is more realistic. The application fee for an N244 is £321 (on notice) or £126 (by consent).

Charging orders and instalment orders

Under Section 3A of the Charging Orders Act 1979, a court can grant a charging order even when the debtor is compliant with a CCJ instalment order, provided the outstanding debt exceeds £1,000. This means you do not need to wait for the debtor to default on instalments before securing the debt against property — you can apply alongside or in parallel with the instalment arrangement.

When a charging order makes sense

A charging order is the strongest option when the debtor owns property with equity but has limited cash flow or seizable goods. It plays a long game: the debtor may not pay immediately, but the charge ensures you are paid when the property is eventually sold. Combined with other enforcement methods — such as attachment of earnings for ongoing payments — it provides both security and collection.

It is less useful when the property is heavily mortgaged (no equity to charge against), the debtor does not own property, or the debtor is a tenant.

The CCJ enforcement guide covers the full charging order procedure, Land Registry registration steps and the criteria for orders for sale — alongside the other five enforcement methods — so you can match the approach to your debtor's circumstances.

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