Form N379: Apply for a Charging Order on Land (2026 Guide)

What Form N379 is

Form N379 is titled “Application for charging order on land” and is made under CPR Part 73 and the Charging Orders Act 1979. It is the judgment creditor’s application to impose a charge on the judgment debtor’s interest in named land — to secure payment of the amount owing under a judgment or order.

Keep the family of forms straight, because four numbers travel together:

When you can apply

You need an unpaid judgment or order for money. The form then asks you to confirm one of three positions:

• the judgment did not provide for payment by instalments; or
• the judgment was made after 1 October 2012 — in which case you can apply even if the debtor is up to date with instalments; or
• the judgment was made before 1 October 2012 and instalments due under it have fallen due and remain unpaid (you state the amount).

That October 2012 line matters: for newer judgments, being paid on time in instalments does not stop a creditor securing the balance against property — though whether the order should be made remains a matter for the court’s discretion.

The form also carries an alternative Part B for local authorities enforcing council tax liability orders made by a magistrates’ court, where the outstanding amount must be at least £1,000 and evidence of the debt must be attached.

Completing the form, section by section

1. Judgment creditor and the judgment

Your full name, then the details of the judgment or order: the court that made it, the date, and the claim number(s). More than six claim numbers go on a separate sheet.

2. Judgment debtor

The debtor’s full name, address and — if known — date of birth. Identity precision matters even more here than usual: the charge will be registered against a specific person’s interest in a specific title.

3. The judgment debt (Part A or Part B)

For an ordinary judgment debt: what the judgment required the debtor to pay (including costs and interest), what is still owing today, and the instalment tick-boxes described above. For a council tax liability order: Part B instead.

4. The land

The address of the property, then the evidence of the debtor’s interest: if the title is registered, the HM Land Registry title number with an official copy of the register entries attached; if unregistered, alternative evidence of the debtor’s interest. Obtaining the official copies from the Land Registry before you apply is the single most useful piece of preparation — it proves ownership and reveals prior charges.

5. The debtor’s interest in the land

Tick what the debtor’s interest actually is: sole owner, joint owner, beneficiary under a trust, partner with an interest in partnership property, or judgment made against them as trustee. If the interest is not shown by the register entries, you must say why you believe it exists. Where the debtor owns jointly with someone else, the charge attaches to the debtor’s beneficial share, not the whole property — and at the Land Registry it is protected by a restriction rather than a notice.

6. Other creditors

Either confirm you know of no other creditors, or list every one you know of — name, address, nature of debt and amount. This is not a box-ticking exercise: the court is directed by the Charging Orders Act to consider whether other creditors would be unduly prejudiced, and concealment undermines the statement of truth.

7. Other persons to be served

List everyone who has or may have an interest in the property — co-owners, a spouse or partner in occupation, trustees. These people must be served and have the right to object.

8. Further information

Anything else you want the court to weigh, with supporting evidence attached.

9. Sources of information and the statement of truth

Section 9 applies only where the creditor is a firm or company — confirming proper enquiry was made within the organisation. Then the statement of truth: the form carries the full contempt-of-court warning, and it must be signed by you, your litigation friend or your legal representative. Sign it yourself if you are acting in person, and only when every statement in the form is true.

Filing: where it goes and what it costs

The form’s own checklist is the standard the court applies before issuing, so work through it: parties and claim number entered; the fee dealt with (fee account, cheque payable to HMCTS, or a Help with Fees application on form EX160); the title evidence attached; and one additional copy of the application and supporting documents for service. A court fee is payable — check the current fee on GOV.UK before you file, as court fees change.

Where to send it:

• County Court applications — the Civil National Business Centre in Northampton;
• applications involving an interest in a fund in court — the County Court hearing centre where the order was made;
• High Court or District Registry applications — the relevant court (use the court finder).

What happens after you apply: interim, service, final

Stage one — the interim charging order (N86)

The application is considered without a hearing — by a court officer, judge or Master. If it is in order, the court makes an interim charging order on Form N86: the debtor’s interest in the property stands charged from that moment, provisionally. Register it at HM Land Registry straight away (a notice against a sole owner’s registered title; a restriction where the charge is over a beneficial share) — an unregistered charge risks losing priority to a sale or remortgage.

Stage two — service

You must serve the application notice, the interim order and the supporting documents on all relevant persons in accordance with CPR 73.7 — the debtor, co-owners and everyone listed in section 7. The timescale is tight, so diarise it the day the interim order arrives.

Stage three — objections, then the final order (N87)

The interim order tells the debtor (and anyone else served) how to object — typically by filing and serving written objections within 28 days of service, after which a District Judge considers the case, usually without a hearing, and decides whether the charge should be made final, modified or discharged. If objections raise real issues, a hearing is listed. If the charge survives, the court issues the final charging order on Form N87, and the registration becomes permanent until the debt is paid.

What a charging order does — and does not do

A final charging order secures the judgment debt against the property. It does not, by itself, produce money: the debtor is not forced to sell, and nothing changes day to day. Its power is positional — the debt now sits on the title, typically has to be cleared on any sale or remortgage, and interest may continue to accrue on qualifying judgments. A creditor who wants to force the issue must make a separate application for an order for sale (a further Part 8 claim under CPR 73.10C) — a serious step the courts grant sparingly, weighing the debtor’s and any family’s circumstances. For most creditors, the charging order is the destination: security, then patience.

Common mistakes

• Applying without the title evidence. No official copy of the register entries (or alternative evidence for unregistered land) means a returned application. Get the office copies first.
• Missing the joint-ownership point. Where the debtor co-owns, the charge bites on their beneficial share and is protected by a restriction, not a notice. Misdescribing the interest slows everything down.
• Skipping people in section 7. Co-owners and occupiers with an interest must be listed and served. An unserved interested person is a ready-made objection.
• Silence about other creditors. The court must consider undue prejudice to other creditors — omitting known creditors undermines the statement of truth you signed.
• Forgetting Land Registry protection. An interim order that is never registered can be leapfrogged by a sale or remortgage before the final order lands.
• Treating the charge as cash. The order secures; it does not collect. If you need money now and the debtor has income or receivables, a attachment of earnings or third-party debt order may serve you better — or run alongside.

The rules that apply

• CPR Part 73 — charging orders, stop orders and stop notices, including service under rule 73.7 and orders for sale under rule 73.10C.
• Charging Orders Act 1979 — the statutory power, and the matters the court must consider (including the debtor’s circumstances and prejudice to other creditors).
• CPR Part 70 — general rules about enforcement of judgments.
• Land Registration Act 2002 — protecting the order by notice or restriction.

Always check the current form, the current fee and the current rules before filing.

Related Court Forms & Guides

• Form N86: Interim Charging Order — What It Means
• Form N349: Third-Party Debt Order
• Form N337: Attachment of Earnings Order
• Form N323: Request for Warrant of Control
• Form N293A: Transfer a CCJ to the High Court — Writ of Control
• How to Start a Money Claim Online (OCMC)
• Particulars of Claim
• Civil Court Forms Index

Frequently asked questions

What is Form N379 used for?

Form N379 — “Application for charging order on land” — is the judgment creditor’s application under CPR Part 73 to secure an unpaid judgment against the debtor’s interest in land or property. If granted, the court first makes an interim charging order (Form N86) and, after service and any objections, a final charging order (Form N87). For shares and other securities the equivalent application is Form N380.

Do I need a judgment before I can apply?

Yes. A charging order enforces an existing judgment or order for money — it is not a way of claiming the money in the first place. For judgments made after 1 October 2012 you can apply even if the debtor is up to date with instalments; for older judgments there must be unpaid instalments; and local authorities can use the form to enforce council tax liability orders of at least £1,000.

Will the debtor lose their home?

Not because of the charging order alone. The order secures the debt against the property — like a mortgage — but does not force a sale. Forcing a sale needs a separate order-for-sale application, which courts grant sparingly after weighing the circumstances of the debtor and anyone living in the property. Most charging orders are simply paid off when the property is eventually sold or remortgaged.

What evidence do I need to attach?

For registered land: an official copy of the Land Register entries for the title, which proves the debtor’s interest and shows prior charges. For unregistered land: alternative evidence of the debtor’s interest. You also need one additional copy of the whole application for service, and evidence of the debt if you are using the liability-order route.

What does it cost to apply?

A court fee is payable on filing. Court fees change, so check the current fee on GOV.UK before you file. You can pay from a fee account, by cheque payable to HMCTS, or apply for Help with Fees on form EX160 if you are an individual on a low income.

What is the difference between the interim and final charging order?

The interim order (N86) is made on the papers, usually without a hearing, and charges the debtor’s interest provisionally while everyone affected is served and given the chance to object. If no objection succeeds — objections are typically due within 28 days of service — the court makes the charge final (N87). Registration at HM Land Registry protects the charge’s priority from the interim stage onwards.

Can eLitigant complete Form N379 for me?

eLitigant prepares professional enforcement paperwork from the judgment and property information you supply — working through the form’s own evidence checklist so the application is not returned — and can review a draft you have already written. It is not a law firm and does not give legal advice — you remain the litigant in person, and you should always check the current form and fee before filing.

Related guides: Form N86: Interim Charging Order · Form N293A: High Court Enforcement · Form N244: Application Notice · Form N260: Statement of Costs · Civil Court Forms Index

eLitigant CIC (No. 16566612) — a community interest company. Not a law firm; you remain the litigant in person. eLitigant prepares professional documents from your own information; it does not give legal advice and no outcome is guaranteed. Always check the current form, fee and deadline before filing.