Form N379 UK: Charging Order on Land Explained
We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
If a court has already ordered someone to pay you money and they have not done so, a charging order can be a powerful next step. It does not force the debtor to hand over cash, but it attaches the debt to land or property they own, meaning the money owed to you sits as a secured interest on that asset.
When the property is eventually sold or remortgaged, your debt gets paid from the proceeds before the money reaches the debtor. Form N379 is the court form a creditor uses to start this process in England and Wales where the security is land.
This page walks through what a charging order actually does, when it makes sense to apply, what goes on the form, and what happens after the court receives it.
What this document is
A charging order is a court order that turns an unpaid judgment debt into a secured interest over an asset the debtor owns. Where that asset is land or a property, Form N379 is the application route. The order itself does not force a sale.
It sits on the property, usually registered against the title at HM Land Registry, and ranks the creditor's claim so that they get paid out of any future sale or refinance before the debtor receives anything left over. In practice, charging orders are often used where the debtor has equity in a home but no obvious cash to settle the judgment.
The creditor gets meaningful security without having to chase wages or bank accounts. A separate application, called an order for sale, is needed if the creditor later wants to force the property to be sold. That is a distinct and more demanding step, and the court will not grant it lightly, particularly where the property is a family home.
How to use this document
- Get a judgment first. Before N379 is of any use, you need a County Court or High Court judgment against the debtor for a specific sum. Without an existing judgment, there is nothing for the court to secure. If the judgment orders payment by instalments, you can still apply, even if the debtor is up to date.
- Complete Form N379 with care. Fill in the claim number, the court that made the original judgment, the debtor's full name and current address, the outstanding balance including any interest and costs, and the address of the property you want the charge registered against. You also need to explain how the debtor owns the property, whether solely or jointly with someone else.
- Disclose other interests honestly. The form asks about anyone else who may have an interest in the property, such as a spouse, co-owner, or other creditor you are aware of. Be thorough here. The court expects candour, and missing information can cause delays or undermine the application later on.
- File the application and pay the court fee. Submit the completed N379 to the court, along with the required fee. Current fees change from time to time, so check gov.uk for the amount before you send it. In some circumstances you may be able to apply for help with fees if your income is low.
- Respond to the interim order stage. If the judge is satisfied on the papers, they will typically make an interim charging order first. This is a provisional step. A hearing date will then be set where the debtor and any interested parties can object before the court decides whether to make the order final.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q Do I need a judgment before applying for a charging order?
Yes. A charging order secures an existing judgment debt, so you need a County Court or High Court judgment in your favour before Form N379 can do anything. If the debtor has not yet been taken to court for the underlying debt, that has to happen first. Once you have the judgment, you can apply for a charging order whether the debt is payable immediately or by instalments.
Q Can I apply if the debtor is paying by instalments?
Yes. A charging order can be made even where the debtor is keeping up with a court-ordered instalment plan. The order secures the debt against the property but does not usually trigger any immediate demand for payment while the instalments are being met. It simply means that when the property is sold or remortgaged in future, the outstanding balance will be paid to you from the proceeds.
Q What happens if the debtor jointly owns the property?
Joint ownership does not block a charging order, but it does change what the court can do. Where the debtor owns the property with someone else, the charge usually attaches only to the debtor's beneficial interest, not the whole property. The co-owner's share is not affected. You must tell the court about the joint ownership on Form N379 so the judge can deal with it properly.
Q Does a charging order mean the house will be sold?
Not automatically. A charging order on its own simply secures the debt against the property. It does not force a sale. To actually compel a sale, the creditor would need to make a further, separate application to the court for an order for sale. Courts treat that step cautiously, especially where the property is someone's home, and will weigh the impact on occupants before granting one.
Q What is the difference between an interim and a final charging order?
When the application is first considered, the judge usually makes an interim charging order based on the paperwork. This is a provisional step that can be registered against the property but is not yet final. A hearing is then listed where the debtor and any other interested parties can raise objections. If the judge is satisfied at that hearing, the order is made final.
Q Can the debtor stop the charging order being made final?
The debtor can attend the hearing and ask the court not to make the order final. Reasons might include a dispute over how much is owed, proof the judgment has been paid, or an argument that other creditors would be unfairly prejudiced. The court will consider these objections alongside the creditor's evidence before deciding whether to confirm the charge.
Q How long does the charging order process take?
Timescales vary between courts and depend on how busy the local list is, whether the debtor objects, and whether any other creditors need to be notified. From filing Form N379 to a final order, it is not unusual for the process to take several weeks or a few months. Cases that end up contested at the final hearing typically take longer.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N379: Application for charging order on land or property (gov.uk)gov.uk
- LegislationCharging Orders Act 1979legislation.gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 73 – Charging Ordersjustice.gov.uk
- Guidance · UK GovMake a court claim for money (gov.uk)gov.uk
Legal helpline
Unsure if a charging order is your best move?
Charging orders can be an effective way to secure an unpaid judgment, but whether it is the right route depends on what you know about the debtor, the property, and any other creditors involved. An experienced legal adviser can talk through your situation on the phone and help you think about your options based on what you describe.
- A plain-English explanation of how charging orders work in your circumstances
- Practical perspective on whether Form N379 fits your specific situation
- Answers to your specific questions about the court process and timings
- Clarity on what to watch out for before you file
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.