Guidance

Charging orders (PG76)

HM Land Registry's guidance on charging orders (practice guide 76).

From:
HM Land Registry
Published
2 April 2013
Last updated
227 AugustMay 20222024 — See all updates

Applies to England and Wales

Documents

Practice guide 76: charging orders

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Algorithm 1: sole proprietor registered

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Algorithm 2: joint proprietors registered

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Details

This guide gives advice on the points to take into account when considering making an application for entry of an agreed or unilateral notice or a Form K restriction in respect of a charging order made under the Charging Orders Act 1979. It also covers how an application to the court (including an application to the County Court Money Claims Centre) for a charging order may be protected as a pending land action.

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Published 2 April 2013
Last updated 227 AugustMay 20222024 + show all updates

  1. Section 8.3 has been amended as a result of an update to our procedures for dealing with existing Form K restrictions when a charging order is assigned to create consistency with practice on updating other restrictions when there has been an assignment of the interest.

  2. Section 7 has been added to include existing practice on cancelling or removing a charging order restriction.

  3. Section 4 has been amended to clarify we will not cancel a restriction in Form K following a transfer to one, or more, of the existing proprietors.

  4. We have added section 7 to explain how to reflect the assignment of charging orders on the register. It refers to existing guidance in practice guide 19 and sets out the suitable applications and additional evidence for charging orders.

  5. We have added Section 6 to explain how to remove charging order notices from the register. It refers to existing guidance in practice guide 19 and sets out the suitable additional evidence for charging orders.

  6. Section 3.2 has been amended to clarify our requirements and procedures relating to protection of charging orders by agreed or unilateral notices.

  7. Section 4 has been amended to confirm we will automatically cancel a restriction in standard Form K once it has been complied with on registering a transfer of the registered estate for valuable consideration. We will assume that if the debt secured by the charging order has not been paid, the creditor’s proprietary interest will have been postponed under section 29 of the Land Registration Act 2002 and so come to an end that way.

  8. Minor amendments have been made to sections 3.4 and 5 to refer to the County Court Money Claims Centre.

  9. Link to the advice we offer added.