Registering an Agreed Notice to Secure a Charging Order
What you need to know
There are 2 types of Agreed Notice
- A notice that is signed by the party against whom it is to be registered.
- A notice that is accompanied by evidence of its validity, i.e. a court order (in this case the charging order). The creditor does not need to sign this type of notice.
For the purpose of this service we are only concerned with a notice that is accompanied by the charging order. There are 2 types of charging order:
- charging order nisi
- charging order absolute
The court makes a charging order nisi prior to a full hearing, and then grants the absolute after the hearing, provided it is justified. Both charging orders can and should be registered. The nisi is usually registered in order to afford immediate protection of the creditor's interest, pending the full hearing.
Whilst this service is free, HM Land Registry will require the statutory fee of £40 to register the Notice.
How to prceed
1. If you do not have an up to date copy of the Title Register you should obtain one. You will need to pay for this. Please click the 'Current Title Register' link in the menu on the right. The Title Register contains information that you will need to complete Form AN1.
2. You should have to hand a sealed copy of the Charging Order, i.e. a copy of the charging order that has been stamped by the court. If you do not have a copy you should obtain it either from the court or from the solicitor who represented you at court.
3. Next you need to download form AN1. Please click the 'Form AN1 link in the menu on the right to download it now.
4. Complete the form. There are 8 questions to answer.
- Q1 - Insert the name of the local authority for the area serving the address of the property.
- Q2 - You must provide the Title Number for your property. This is found on your Title Register, near the top, above the 'A' section.
- Q3 - Insert the address of the property, as it appears in the A section of the Title Register, as in the example below. Put an 'X' in one of the first 2 of the following boxes. The third box is not relevant to this application. The first box relates to the whole of the debtor's property; the second relates to only part of the property. In most instances it will be the first box that is relevant to you.
- Q4 - There is a fee of £40 to pay to HM Land Registry. You should enter this amount under 'fee paid' and then insert an 'X' in the box alongside the word 'cheque'. You should write a cheque to HM Land Registry for £40.
- Q5 - You should insert the type of document you will be attaching, i.e. Charging Order Nisi or Charging Order Absolute
- Q6 - You should insert your full name.
- Q7 - You should disregard the reference to the Key number. You should insert your name, postal address, email address and telephone number.
- Q8 - You should answer this question using the wording as appears in the sample below, substituting the date shown for the date you complete the notice.
5. You should look at the top of the Title Register, just above the Title Number. The Land Registry office dealing with your property is shown. You will need to look up their address, using the following link:
6. You should send your completed AN1 form to the Land Registry office for the area dealing with the property identified in step 5.
HM Land Registry Forms Required
Associated Documents You May Require