Land Registry

Form CH1: legal charge

Turning a private or family loan into security that binds the property and any buyer. Terms settled, CH1 drafted, charge registered, one fixed fee.

HM Land Registry publishes the current form on GOV.UK. Send us a question about it and we reply by email.

Form CH1 is the HM Land Registry deed that creates a legal charge, a mortgage, over a registered property, most often for a family loan, a private lender or a second charge. Property Law Online records the loan terms the parties have agreed, obtains any first lender's consent, and drafts and registers the CH1 across England and Wales.

What does form CH1 ask for, panel by panel?

Form CH1 is short, ten panels, but two of them do most of the work. Panel 7 is the operative one: it carries the charging words and the title guarantee, and it charges the property as security for the sums detailed in panel 9. Panel 9 is headed additional provisions and is where those sums, and the dates for paying them, are set out, so a CH1 with panel 9 left thin is a charge with no terms. Panel 8 holds two separate things, not one: a statement that the lender is obliged to make further advances, which is the priority point, and an application to enter a standard form of restriction, which has nothing to do with priority. If the further advances box is used, the lender or its conveyancer has to sign the form, not the borrower alone. Panel numbering below follows the 08/23 edition, the one HM Land Registry publishes as at 19 September 2026; take the form from the registry's own page on the day you lodge and read the date code in its footer rather than the date on the publication page.

Rule 103 of the Land Registration Rules 2003 says a legal charge of a registered estate may be made in Form CH1. It is permissive, not compulsory, which is why most institutional lending is not on a CH1 at all but on the lender's own form of charge. The registration of charges, their priority and the noting of further-advance obligations are covered in HM Land Registry Practice Guide 29.

PanelWhat it asks forCommon mistakes
1, Title number(s)The registered title number of the property chargedBlank; wrong title for a leasehold
2, PropertyFull address with postcode, or a descriptionDoes not match the register
3, DateThe date the charge is completedDated before it is signed
4, BorrowerFull name of every registered proprietor, with company number or overseas entity ID where relevantOne joint owner missing; a company number omitted
5, Lender for entry in the registerFull name of the lender, with company details where relevantA trading name rather than the legal name; a lender who is not a legal person
6, Lender's address for serviceUp to three addresses, one postalLeft blank, so the lender never receives notice of later applications
7, Charge and title guaranteeThe borrower charges the property by way of legal mortgage as security for the sums in panel 9, with full or limited title guaranteeNeither guarantee box ticked
8, Further advancesTick if the lender is obliged to make further advances and wants that obligation noted, so later advances keep priorityTicked where there is no obligation; not ticked for a facility that is drawn in stages
9, Additional provisionsThe sums secured, when they are payable, interest, and any other terms or restriction applied forTerms that contradict the loan agreement; no repayment date; a restriction wanted but not applied for
10, ExecutionEvery borrower signs as a deed with a witness who adds name and address; the lender signs where panel 8 is tickedWitness is the lender or a relative of a party; no witness address; lender unsigned when required

Can I complete form CH1 myself?

You can. The form costs nothing to download and HM Land Registry accepts charges lodged by private individuals, with identity evidence for both borrower and lender where neither is represented. That means form ID1 for an individual, or ID2 where the borrower or lender is a company, with a conveyancer completing section B in person or section C after a digital check. Form ID5 is not a substitute for either: where the conveyancer verifies over a video call, the ID5 takes the place of section B or C and is lodged with the ID1 or ID2 and a colour copy of the screenshot (Practice Guide 67, updated 1 September 2026, checked 19 September 2026). On an unmortgaged property, with a straightforward loan between people who understand it, that is a realistic option.

Where it stops being realistic is the first lender's consent, the wording of panel 9, and the borrower's advice. A charge that secures the wrong sum, ranks behind an obligation you did not know about, or is later set aside because a family member signed without understanding it, is worse than no charge at all. Those are the points a licensed conveyancer is instructed for.

Doing it yourselfWith Property Law Online
Loan termsYour own agreement, or noneShort loan agreement drafted to match the deed
Register check for restrictions and existing chargesYou obtain and read the official copiesObtained and read on day one, with priority explained
First lender consentYou approach the lender; many will only deal with a conveyancerApplied for and chased; deed of priority where required
Panel 9 wordingYoursDrafted so the charge secures what was intended
Independent advice for a connected borrowerOften overlookedArranged, with a certificate on file
Identity evidenceForm ID1 for borrower and lenderCovered by our verification and certificate
Lodging and requisitionsPaper AP1 by post; you answer any query in timeLodged electronically; requisitions answered by us
CostHM Land Registry fee at the paper rate; your timeOne fixed fee in writing, plus the HM Land Registry fee

Charge or restriction: which protects a lender?

A legal charge secures money. It gives the lender a right to be repaid out of the sale proceeds ahead of the owner and anyone ranking behind, a right to enforce, including by possession and sale, and a place in the order of priority, which under section 48 of the Land Registration Act 2002 runs by the order in which charges are entered on the register. A restriction on form RX1 does none of that. It controls what can be registered without a consent or certificate, so it tells you a sale is happening and can stop it being registered until you are dealt with, but it secures nothing and gives no priority against a lender.

For a loan, a charge is the right instrument. A restriction is the fallback where a charge is not available, where the first lender will not consent, for example, or where the interest being protected is not a debt at all, such as a beneficiary's share under a deed of trust. Where a lender wants both, the CH1 can apply for a standard form restriction against further charges in panel 8, the same panel that carries the further advances obligation, and no separate fee is payable for it when it is lodged with the charge. Practice Guide 29 section 5, updated 10 August 2026, and the proviso in Schedule 3 Part 1 paragraph 1 of the Land Registration Fee Order 2024, SI 2024/931, in force 9 December 2024, checked 20 September 2026. Panel 9 is Additional provisions and is not where the application goes.

Why does HM Land Registry reject form CH1?

  • A restriction against further charges

    Many first lenders enter a restriction requiring their consent to any later charge. A CH1 lodged without that consent, or the certificate the restriction calls for, cannot be registered. We read the register for it on day one.

  • Not executed as a deed

    The borrower must sign in the presence of an independent witness who adds their name and address; a company must execute in the way the Companies Act 2006 allows. Where panel 8 is ticked, the lender must sign too. Practice Guide 8 governs and a defective deed is returned.

  • Undue influence not guarded against

    A charge given by a spouse, partner or elderly parent to secure someone else's debt can be set aside if the borrower did not understand it and had no independent advice. HM Land Registry will register it; a court may later undo it. We tell the person giving the charge, in writing, to take independent advice before signing.

  • Borrower does not match the register

    The borrower in panel 4 must be every registered proprietor, named as the register names them. A charge signed by one of two joint owners does not bind the legal estate and HM Land Registry will not register it as a legal charge.

When do you need form CH1?

High street lenders use their own approved charge forms. Form CH1 is the HM Land Registry standard form for everyone else: a parent lending a deposit, a private investor, a company lending to a director, a bridging lender without its own deed. A charge only becomes a legal charge once it is registered. Until then the lender has an equitable interest and little else (section 27 of the Land Registration Act 2002).

Parents lending towards a purchase
A loan, rather than a gift, secured on the property the child is buying. A registered charge means the loan is repaid from the proceeds of a sale, after any prior mortgage, and survives the child's death or divorce, instead of relying on goodwill. A gift, by contrast, is not repayable at all.
Private lending between individuals
A friend or business associate advancing money against a property they do not own. The CH1 gives them a secured position and a place in the order of priority. Where the lender lends by way of business and the borrower is an individual charging their home, the loan may be a regulated mortgage contract. We draft and register the charge either way. We do not arrange the loan, and we do not advise either side on whether to take it or on its terms, so on a regulated mortgage contract the borrower takes their own advice on the loan itself. Article 61 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 sets the test, which turns on the borrower being an individual or trustee, the loan being secured on land in the United Kingdom, and at least 40 per cent of that land being used as a dwelling. It is not limited to a first charge. Preparing and registering the charge, without arranging the loan or advising on its terms, is not itself one of the regulated activities listed in that article. Checked 20 September 2026.
Companies lending to directors or shareholders
A director's loan secured on their home, or a company advancing funds to a connected party, where the company's auditors or other lenders want security in place. The two cases are not the same. A loan by a company to its own director needs the approval of the members under section 197 of the Companies Act 2006, whatever kind of company it is, subject to the exceptions including the minor transaction exception in section 207. A loan to a person merely connected with a director falls under section 200, which bites only where a public company is involved. Compliance is the company's own governance question and does not affect the charge we prepare. Checked 20 September 2026.
Second charges behind a bank
A further loan secured behind the existing mortgage. It ranks second, and the first lender's consent is almost always needed under its mortgage conditions.
Securing a deferred or overage payment
A seller who has agreed to be paid part of the price later, or an overage sum on planning, protected by a charge over the land sold.
Not right for
A lender who wants only to be told of a sale rather than to secure money, that is a restriction on form RX1, or a mainstream mortgage, where the lender's own approved form is used and registered through the conveyancer acting on the purchase or remortgage.

What does our form CH1 service include?

One fixed fee covers the deed, the consent and the registration. Where the borrower needs independent advice, or a loan agreement needs drafting alongside, it is quoted before you instruct.

  • Terms settled

    Amount, interest, repayment date, and the events that let the lender enforce. Written down in a short loan agreement so that the debt and the security match.

  • Register check

    Official copies of the title register obtained. Existing charges, any restriction against further charges, and any lender's obligation to make further advances that would rank ahead of you are identified.

  • First lender consent

    Where a mortgage already exists, the lender's written consent to a second charge, and a deed of priority where the lenders want the ranking recorded.

  • CH1 drafted

    Every panel completed, including the title guarantee, any obligation to make further advances in panel 8, and the sums secured and terms in panel 9.

  • Independent advice for the borrower

    Arranged where the borrower is a family member or otherwise connected to the lender, which reduces the risk of the charge later being set aside for undue influence.

  • AP1 lodged and tracked

    The charge lodged under form AP1 with the fee, the consent and any identity evidence, tracked until it appears in the charges register, with a restriction against further charges where the lender wants one.

How is a legal charge put in place?

Five stages. The first lender's consent is the step that takes time, so it starts at once.

  1. Terms agreed

    Amount, interest, repayment and enforcement triggers agreed between lender and borrower and recorded in a loan agreement.

    Week 1

  2. Register checked and consent sought

    Official copies obtained, existing charges and restrictions identified, and the first lender asked to consent to a second charge.

    Weeks 1 to 3, set by the first lender

  3. CH1 drafted

    The deed prepared to match the loan agreement, with the further-advances box and the additional provisions settled.

    Week 2

  4. Advice and execution

    The borrower takes independent advice where the parties are connected, then signs the CH1 as a deed in front of an independent adult witness. The lender signs too where panel 8 applies.

    Week 3

  5. Registered

    Lodged under an AP1 with the fee, the consent and identity evidence for any unrepresented party. The charge appears in the charges register and binds any future buyer.

    Week 3 to 4, then HM Land Registry processing

How long does a CH1 take to register?

Two to three weeks where there is no existing mortgage. Three to six weeks where a first lender must consent, because that is the step outside anyone's control. HM Land Registry then registers the charge; a straightforward charge is often processed within a few weeks, and priority runs from the date the application is received (HM Land Registry published figures, checked 19 September 2026).

What changes the timescale

  • Whether a first lender has to consent, and whether it wants a deed of priority
  • Whether the borrower needs independent advice before signing
  • Whether a restriction on the register must be complied with first
  • Whether a priority search is used to protect the charge before lodging
The stagesExample
  1. Terms agreed
  2. Register checked and consent sought
  3. CH1 draftedIn progress
  4. Advice and execution
  5. Registered
An illustration of how a matter moves through these stages. We tell you when each one is done.

What does registering a charge cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

A CH1 is quoted as one fixed fee before you instruct us, in writing, with our fee shown separately from the HM Land Registry fee and any first-lender charge. Tell us who is lending and whether there is already a mortgage, and we reply by email. The HM Land Registry fee for registering a CH1 is on Scale 2 from £45 by post, or £20 through the HM Land Registry portal, for a charge of between £0 and £100,000, per the Land Registration Fee Order 2024 (in force from 9 December 2024) (checked 19 September 2026). Where the charge is lodged with the purchase that puts the borrower on the register, the fee order charges nothing for the charge itself.

Usually covered by the professional fee

  • Register check and existing-charge review
  • Loan agreement and CH1 drafted
  • First lender consent applied for and chased
  • Execution instructions and witness check
  • AP1 lodged; charge and any restriction tracked to registration

Paid to others, passed on at cost

  • HM Land Registry fee, assessed under Scale 2 on the amount secured by article 5(1) of the Land Registration Fee Order 2024, SI 2024/931, in force 9 December 2024, checked 20 September 2026. Article 5(2) of the same Order means no fee is payable where the charge is lodged with the scale fee application that registers the borrower as proprietor
  • The first lender's consent or administration fee, where it charges one
  • Independent legal advice for the borrower from a separate adviser, where required
  • A deed of priority between lenders, quoted separately if one is needed

What can add to it: a first lender that requires a deed of priority, a borrower who needs separate advice, or a restriction on the register that must be complied with first. Each is quoted before you instruct, never afterwards.

Frequently asked questions

Can I lend money to a family member against their house?

Yes, and a registered legal charge is the way to protect the loan. Without it you have a personal debt and nothing on the register; with it the money is repaid from the sale proceeds if the property is sold, and the charge survives the borrower's death. Where the borrower is a relative, they should take independent advice before signing.

What documents do I need for form CH1?

The title number or official copies, the full names of every registered owner and of the lender as a legal person, the loan terms, amount, interest, repayment date, details of any existing mortgage and lender, and photo ID and proof of address for borrower and lender. We send a checklist once you instruct us.

Do I need the existing lender's permission for a second charge?

Almost always. Standard mortgage conditions prohibit further charges without consent, and many lenders back that up with a restriction on the register that blocks registration of a second charge without their certificate. Charging without consent breaches the first mortgage and may leave the second charge unregistrable.

What happens if the borrower does not repay?

The charge can be enforced: the lender may seek possession and sell, or apply to the court for an order for sale, and is paid from the proceeds in order of priority. A private charge is usually repaid when the property is sold or remortgaged, because a buyer's representative will not complete until every charge is discharged.

Does the charge survive the borrower's death?

Yes. A registered charge binds the estate. The personal representatives must redeem it before the property can be assented to a beneficiary with a clean title, or the beneficiary takes subject to it with the lender's agreement. That is one of the main reasons a family loan is secured by charge rather than left informal.

How is the charge removed once the loan is repaid?

The lender executes a discharge, form DS1 for a private lender, or an electronic discharge for one set up for it, and it is lodged at HM Land Registry, which cancels the entry. No HM Land Registry fee is payable for a discharge, which is exempt under the Land Registration Fee Order 2024 (in force from 9 December 2024) (checked 19 September 2026). Agree at the outset that the lender will provide it promptly on repayment.

What is an obligation to make further advances?

Where a lender is bound to lend more later, a facility drawn in stages, for example, noting that obligation on the register in panel 8 means the later advances keep the charge's original priority against any charge registered in between, under section 49(3) of the Land Registration Act 2002. Checked 20 September 2026. Without the note, a later advance has to rely on section 49(1), which only helps while the first lender has not received notice of the intervening charge, or on an agreed maximum amount noted under section 49(4). Once notice has been given and neither of those applies, section 49(6) leaves tacking to the agreement of the intervening lender, so the later advance can rank behind it.

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Written by the Property Law Online team

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