Removing a property charge: process and timescales
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MoneyNerd introduces enquiries to The Debt Advice Service and may receive a referral fee. For free, independent guidance and help finding a debt adviser, visit MoneyHelper.
This information and enquiry service is not a full financial assessment or a guarantee of suitability or debt write-off. Debt solutions are not suitable for everyone. Fees may apply, and your credit record and assets may be affected. Get advice on your circumstances before choosing a solution.
How to check and discharge property charges in England and Wales, and why the correct route depends on the register entry.
What is a charge on a property?
A charge on a property is a document that secures a liability against the property. This liability could be a secured loan or a defaulted unsecured debt subject to a CCJ.
For example, if you take out a secured loan against your property, a charge will be added to the property to stop it from being sold without the loan provider knowing about it.
A charge is also applied when you take out a mortgage to buy the property.
The property can still be sold, but some proceeds will go towards the creditor to clear the outstanding loan or mortgage debt first.
In other words, a legal charge on a property ensures the asset isn’t disposed of without first repaying the secured debt.
Mortgage Debt Solutions
If you’re struggling with mortgage arrears, there are different debt strategies that can help you. These are:
| Debt Strategy | How It Can Help with Mortgage Arrears |
|---|---|
| Payments towards arrears | If affordable after essential costs, agree how a lump sum will reduce the arrears and any charges; obtain a written balance. |
| Remortgaging | Switching to a different mortgage product or provider could result in lower monthly payments. |
| Hardship Schemes | Lenders often have dedicated hardship teams that assess your situation and offer individualised solutions, such as: -Payment Holidays -Mortgage Term Extension -Interest-Only Payments -Capitalising Arrears -Flexible Payment Arrangements -Fee Waivers or Reductions |
| Support for Mortgage Interest | Eligible benefit recipients may qualify for SMI, a repayable loan towards qualifying mortgage interest. It does not simply clear the mortgage or all arrears. Ask an adviser about current eligibility and local support. |
| Debt advice | Formal insolvency can affect other debts and your home. A DRO is not available to homeowners, and insolvency does not normally remove a secured lender’s right to repossess. Get specialist advice before choosing a solution. |
| Debt Advice Services | Seek free advice from debt charities who can help you assess your situation, suggest appropriate solutions and negotiate with lenders. |
| Considering a sale | Selling may be an option if remaining in the home is unaffordable, but obtain independent housing and financial advice. Sale-and-rent-back arrangements carry serious risks, including loss of ownership and future tenancy insecurity. |
What are some of the charges?
A registered mortgage charge, a notice protecting a charging order and a restriction on the register are different entries. The document and ownership position determine the correct removal route. A company’s unpaid tax does not automatically make every director’s personal home liable.
Get an up-to-date register and ask a conveyancer to identify the entry before applying. This guide concerns England and Wales; Scottish securities and inhibition procedures differ.
Understand your debt options
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The Debt Advice Service can explain your options, including their benefits, costs and risks. Options available depend on your circumstances. There’s no obligation to take a debt solution.
MoneyNerd does not provide debt advice. We may introduce you to The Debt Advice Service, a trading style of Pacific Financial Solutions Limited, which can provide information about debt solutions and your available options. Fees may be payable if you enter into a formal debt solution. MoneyNerd Limited may receive a referral fee. Entering into a debt solution may affect your credit rating. Free debt guidance is available from MoneyHelper at moneyhelper.org.uk.
A word on Charging Orders
A creditor can seek a charging order following a judgment. For relevant judgments made on or after 1 October 2012, this can be possible even while instalments are being paid. A charging order and an order forcing a sale are separate matters.
The effect depends on ownership and how the order is protected on the register. Do not assume every entry prevents a sale until the whole debt is paid. See the official charging-order guidance and get legal advice.
How long can a charge stay on a property?
Do not assume an entry automatically expires after a fixed number of years. A mortgage charge, charging-order notice and restriction have different rules. The charge may need a formal discharge, cancellation or withdrawal even after the secured debt has been resolved.
Limitation and Scottish property-security rules are complex. Get advice on the actual entry rather than relying on a universal twelve-year removal claim.
Take the first step towards tackling your debt
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Natasha
Very helpful and informative thank you
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Can I remove a charge on a property?
If the secured debt has been repaid or the order discharged, ask for the documents needed to remove the relevant entry. The exact route depends on whether it is a mortgage charge, notice or restriction. A dispute about the underlying order may need a court decision.
How to remove a charge on the property?
Start by identifying the entry, the creditor and the underlying document. Obtain a redemption or settlement figure where appropriate and keep proof of payment. A conveyancer can coordinate payment and discharge or advise on an application to the court if the order itself must be varied or discharged.
How do I discharge a charge from the Land Registry?
For a registered mortgage charge in England and Wales, discharge commonly uses the lender’s electronic process or form DS1. Form CN1 is not a universal mortgage-discharge form.
A notice protecting a charging order or a restriction may need a different application and evidence. See Land Registry practice guide 31 and practice guide 76. Ask the lender or a conveyancer to confirm the correct route.
» TAKE ACTION NOW: Fill out the short debt form
How long does it take to remove a charge from a property?
Timing depends on the type of application, the evidence, lender processing and Land Registry workload. There is no guaranteed two-week removal deadline. Check whether the application has been lodged and obtain an updated register to confirm completion.
What happens if I buy a property with a charge on it?
If you are buying a charged property, some of the sale proceeds received by the seller will be used to pay off the debt.
The buyer isn’t responsible for the debt; the lender should remove the charge from the property once repaid.
Need help with mortgage debt?
Having a charge on a property might be a sign of financial difficulty while being a homeowner.
If this is true for you, you might benefit by reading our mortgage and debt information guide and seeking financial counselling.
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