Form N87 UK: Final Charging Order Guide (CPR 73)
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If you are a creditor holding a County Court or High Court judgment that remains unpaid, one of the more powerful enforcement routes available in England and Wales is to secure that debt against land or property the debtor owns. Form N87 is the court form used to take the second step in that process: moving from an interim charging order to a final one under Part 73 of the Civil Procedure Rules.
On this page I walk through what Form N87 does, how the process tends to unfold, what the court will typically want to see, and what the practical consequences are for both sides. I have written this for people who have already obtained judgment and want to understand what comes next, as well as for debtors who have received paperwork and want to know where they stand.
What this document is
Form N87 is the prescribed court form used to request that an interim charging order be made final. The underlying procedure sits within CPR Part 73, which governs how judgment creditors can obtain security over a judgment debtor's interest in land, certain securities, or funds in court.
The process usually has two stages. First, a creditor applies for an interim charging order, which the court can grant without a hearing on the papers. That interim order is then registered against the property, often at HM Land Registry, which prevents a clean sale or remortgage in the meantime.
Second, the court lists a hearing to decide whether the charge should be made final. Form N87 is the vehicle for that second stage, setting out the judgment, the property concerned, and confirming that the relevant notices have been served.
Once a final charging order is made, the creditor effectively has security for the debt similar in nature to a mortgage, though enforcement by sale requires a separate application.
How to use this document
- Obtain a money judgment first. Before any charging order can be considered, there must be a judgment debt that has not been paid in full, or where the debtor has failed to keep up with instalments the court ordered. This is the foundation of the application and the court will want to see it referenced clearly.
- Apply for an interim charging order. The creditor files an application, usually on Form N379 for land, identifying the property and the debtor's interest in it. If the court is satisfied on the papers, it makes an interim charging order and lists a hearing for the final stage. The interim order is then typically registered against the title.
- Serve the interim order and notify interested parties. CPR Part 73 requires the interim order, the application, and supporting evidence to be served on the debtor and often on other interested parties such as co-owners or prior chargees. Service must usually happen within a set period before the final hearing, and proof of service is important.
- Prepare and file Form N87 for the final hearing. Form N87 is the order the court will make if it decides to finalise the charge. In practice, the creditor prepares a draft reflecting the terms sought, including the property details, title number at HM Land Registry where relevant, the judgment sum, interest, and costs. The court reviews this at the hearing alongside any objections.
- Attend the hearing and, if granted, register the final order. At the hearing the judge considers whether to make the charge final, vary it, add conditions, or discharge it. If the final charging order is made, the creditor should ensure it is properly registered so that the security binds the property going forward. Any subsequent step, such as an order for sale, is a separate application.
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 What does a final charging order actually do?
It turns a money judgment into a secured debt by attaching it to the debtor's interest in a specific asset, most commonly a home or other land. The debtor usually keeps living in the property, but when it is sold or remortgaged, the charge has to be dealt with from the proceeds. It does not by itself force a sale.
Q Is Form N87 the same as an order for sale?
No. Form N87 relates to making a charging order final, which is about security. Forcing the sale of the property to realise that security is a separate step, requiring a fresh application to the court. The court treats an order for sale as a significant remedy and will weigh the circumstances carefully before making one.
Q Can a charging order be made over a jointly owned property?
Yes, but the charge attaches only to the judgment debtor's beneficial interest, not the co-owner's share. The court will usually require the co-owner to be notified so they can be heard. This is one of the reasons Part 73 takes service and notice so seriously before a charge is made final.
Q What can a debtor do if they receive an interim charging order?
A debtor can attend the final hearing and raise objections, for example that the judgment is disputed, that the debt has been paid, or that there are grounds to vary terms. They can also try to agree a payment plan with the creditor. If this applies to your situation, acting quickly before the hearing date is important.
Q Does a final charging order affect the debtor's credit file?
A charging order relates to a judgment debt, and judgments themselves are generally recorded on public registers that credit reference agencies use. That can affect the debtor's ability to borrow. The practical effect on credit may last for a number of years, and paying the debt does not always remove the entry entirely.
Q What court fee applies to a charging order application?
A court fee is payable when making the application, and fees change from time to time. Rather than quoting a figure that may be out of date, I would check the current fee on gov.uk before filing. Fee remission may be available for those on low incomes or certain benefits, again subject to the current rules.
Q Can interest continue to accrue after a charging order is made?
In many cases, yes. High Court judgments typically carry statutory interest, and certain County Court judgments do as well depending on the amount and type of debt. A final charging order will often secure the judgment sum together with accruing interest and the costs of the application, but the precise position depends on the underlying judgment.
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 · HMCTSCPR Part 73: Charging Orders, Stop Orders and Stop Noticesjustice.gov.uk
- Guidance · UK GovForm N87: Final Charging Order (gov.uk)gov.uk
- LegislationCharging Orders Act 1979legislation.gov.uk
- Guidance · UK GovMake a court claim for money (gov.uk)gov.uk
Legal helpline
Unsure how a charging order affects your position?
Charging orders sit at the intersection of judgment enforcement, property, and co-owner rights, and the right next step depends heavily on the facts. An experienced legal adviser can talk through your specific situation on the phone and help you think through your options based on what you describe.
- Plain-English answers to your specific questions about the N87 process
- Practical perspective on your position as creditor or debtor based on what you describe
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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.