Can you get a second charge mortgage without first-charge consent?
- Ben Stephenson
- Jan 9
- 10 min read
Yes, an equitable charge can make this achievable in the right case
We are FCA authorised (496907) • 25+ years’ experience • Highly Reviewed (4.9★) on Google
Key Points:
Equitable charges can bypass some consent roadblocks
Title restrictions often trigger “consent letter” delays
Affordability is still assessed like a mortgage
Future remortgages need planning from day one
Specialist broker packaging reduces wasted fees
A second charge mortgage without first-charge consent can sometimes be achieved by using a lender willing to take an equitable charge instead of registering a standard legal second charge at HM Land Registry.
The practical benefit is that many “consent problems” arise at the registration stage, especially where your title has a restriction that demands evidence of the first lender’s consent before a new legal charge can be registered. If there is no legal second charge being registered, that particular blockage may fall away.
However, this is not a loophole and it is not suitable for everyone. You still have to pass full affordability checks, and the lender will still treat your first mortgage as the priority commitment. You also need to check your first mortgage conditions, because some lenders restrict you from creating further security interests, whether legal or equitable. There can also be extra legal complexity, and you must think ahead, because future remortgaging can become more complicated if another lender needs all existing security redeemed or re-ordered.
Done properly, the equitable charge route can be a genuine solution when the only barrier is obtaining a formal consent letter quickly. The key is identifying early whether your obstacle is contractual, Land Registry-based, or simply process-based.
Updated: 09 January 2026. Written by Ben Stephenson, CeMAP-qualified Mortgage Broker, and reviewed by Mortgage Experts.
Manor Mortgages Direct is FCA authorised, FRN 496907, has traded for nearly 30 years, is highly positively reviewed, 4.9 rated on Google, and has helped thousands secure the right mortgage. Bristol-based mortgage brokers, assisting clients nationwide.
Table of contents
What does “first-charge consent” actually mean in practice?
What is an equitable charge, and how is it different from a legal second charge?
When can an equitable charge remove the need for a consent letter?
What are the trade-offs and risks of an equitable charge route?
Pros and cons, equitable charge second charge mortgages
Step-by-step journey, how an equitable charge case is completed
Timescales, what speeds it up and what slows it down
Hidden costs people forget
Expert tips, common mistakes, and myths that cause delays
Policy exceptions insight, how “out of policy” can become workable
FAQs
What does “first-charge consent” actually mean in practice?
Most people hear “consent” and assume it is one simple yes or no. In reality, there are usually three separate consent triggers, and only one of them is sometimes solved by an equitable charge.
1) Your first mortgage contract may restrict further charges
Many first mortgage conditions limit a borrower’s ability to create additional security over the property. If you grant extra security without permission, you may technically be in breach, even if you are paying on time.
An equitable charge does not automatically solve this. It may avoid a registration step, but it does not erase the contractual wording in your mortgage conditions.
2) Your Land Registry title may require evidence of consent to register a new legal charge
In England and Wales, restrictions can prevent a disposition being registered unless specified consent or certification is supplied. This is where many second charge applications stall, because the solicitor cannot register the legal second charge until the consent evidence is produced.
This is the scenario where an equitable charge can sometimes help, because it can be structured so there is no new legal charge to register.
3) The new lender may still require first-lender notification or acknowledgement
Even if a formal consent letter is not required for registration, many lenders still want comfort that the first lender is aware, or at least that the first mortgage balance and status have been verified.
So, when you read “no consent needed”, interpret it as:
“In some cases, a formal consent letter for Land Registry registration may not be required.”
What is an equitable charge, and how is it different from a legal second charge?
A standard second charge mortgage is usually a legal charge registered on the title at HM Land Registry.
An equitable charge is different. In broad terms, it is a security interest that exists in equity rather than as a registered legal charge.
Why does registration matter so much?
Under the Land Registration Act 2002, certain dispositions, including the grant of a charge, are designed to be completed by registration. If a disposition that must be registered is not registered, it does not operate at law until the registration requirements are met. In practice, that is a key reason some unregistered security interests are treated as equitable rather than legal.
Is an equitable charge still regulated like a mortgage?
Often, yes. Following the Mortgage Credit Directive changes, the FCA’s mortgage regime expanded so that regulated mortgage concepts generally capture first, second, and subsequent charges over residential property. Commentary on the post-2016 regime notes that the definition also captures both legal and equitable mortgages and charges in relevant consumer contexts.
That means an equitable charge route is not “lighter touch” borrowing. Expect:
full affordability assessment
evidence of income and commitments
scrutiny of the borrowing purpose, particularly for debt consolidation
a binding offer process and reflection period in many cases
MoneyHelper notes that borrowers have the right to take seven days from when the offer is made to consider whether to accept, and some lenders may allow longer.
When can an equitable charge remove the need for a consent letter?
This is the core of the topic, and it is where good brokerage advice saves wasted cost.
The most common “win” scenario
An equitable charge is most useful where:
you can afford the borrowing, and have adequate equity, but
the legal second charge would be blocked or delayed by a title restriction requiring consent evidence for registration, and
the first lender is slow to provide consent documentation, or will only provide it after lengthy internal steps
In this scenario, the equitable route can avoid the registration bottleneck that triggers the consent certificate requirement.
What an equitable charge does not solve
An equitable charge will not automatically fix:
a clear contractual restriction in your first mortgage conditions
additional consents tied to property type, such as some lease terms
situations where a lender’s policy is to insist on a registered legal charge only
high loan to value cases where the lender needs maximum security strength
A key practical point, protection on the title
Even when the main charge is not registered as a legal charge, the lender’s solicitor may still protect their interest using a Land Registry entry such as a notice, depending on the structure and advice. HM Land Registry explains that notices and restrictions exist to protect third-party interests, and that unprotected interests can be vulnerable where a later registrable disposition for value is completed by registration.
This is one reason equitable charge lenders tend to be selective. They are taking security that needs careful legal handling.
What are the trade-offs and risks of an equitable charge route?
Equitable charges are not mainstream for a reason. Here are the real-world trade-offs borrowers should understand before choosing this path.
Future remortgage flexibility can reduce
If you later remortgage, the new lender will typically want a clean first charge position. Even if your equitable charge is not a registered legal charge, it may still need to be redeemed, postponed, or otherwise dealt with. In plain English, it can add steps at the point you most want the process to be simple.
The lender is taking more security risk
Because the security is not the same as a registered legal charge, fewer lenders offer it, and those that do often apply tighter criteria, stronger equity buffers, or stricter case selection. This is a “specialist tool”, not a standard consumer product.
You still carry the full repayment risk
UK Finance’s arrears data is a useful reality check. In Q3 2025, UK Finance reported 84,100 homeowner mortgages in arrears of 2.5% or more of the outstanding balance. Adding a second secured commitment, even for a good reason, must be stress-tested against rate rises and life events.
Pros and cons, equitable charge second charge mortgages
Potential advantages
May avoid a consent letter bottleneck in some cases
Can preserve an existing first mortgage deal, avoiding ERC disruption in many scenarios
Can be quicker where consent paperwork is the only blocker
May work when the first lender is unresponsive to consent requests
Potential disadvantages
Not widely available, criteria may be tighter
Legal work can be more involved, increasing fees
Future remortgage planning is essential
Does not override your first mortgage conditions
Can be declined if security strength is not sufficient
Step-by-step journey, how an equitable charge case is completed
This is the process we typically follow to make the outcome more predictable.
Step 1, identify what type of “consent problem” you actually have
We aim to answer three questions upfront:
Is the issue the first mortgage contract?
Is the issue a Land Registry restriction?
Is the issue a lender policy requirement?
If you skip this step, you risk paying valuation and legal fees only to discover that the obstacle was never the consent letter, it was the mortgage terms.
Step 2, affordability and evidence, treated like a mortgage
Even though the security type may differ, the underwriting focus is familiar:
income verification
credit commitments
conduct on existing mortgages and secured loans
reason for borrowing, especially consolidation versus home improvements
Where consolidation is involved, expect the lender to test whether it improves affordability rather than simply moving balances around.
Step 3, instruct solicitors early, because structure matters
With an equitable charge, solicitor competence and speed are not optional. The documents and the method of protecting the lender’s interest need to be correct, or you can end up with delays that negate the whole point of avoiding a consent letter.
Step 4, offer and reflection period
You will typically receive a binding mortgage offer. MoneyHelper highlights the right to a seven-day reflection period from when the offer is made.
Step 5, completion and any Land Registry applications
A key difference is that, instead of registering a legal charge, the legal team may protect the interest through alternative Land Registry mechanisms where appropriate.
Fees vary by application type. HM Land Registry’s fee guidance shows that many fixed-fee applications, including notices and standard form restrictions, have a set fee structure, with different amounts depending on whether the application is lodged electronically or by post.
Timescales, what speeds it up and what slows it down
An equitable charge route is usually chosen to save time, but it only saves time when the delay is truly the consent paperwork.
Common reasons equitable charge cases move faster
The title restriction would have required consent evidence for registering a legal charge
The first lender has slow consent response times
The property and borrower profile is straightforward, and the lender can underwrite quickly
Solicitors are instructed early and document requirements are clear
Common reasons they still slow down
affordability is tight and underwriter queries multiply
consolidation requires extensive documentation
property title is complex, for example leasehold clauses, shared ownership, or multiple restrictions
the lender decides they want a different form of title protection than initially expected
Hidden costs people forget
Equitable charges can reduce one problem but add others. The most common overlooked costs are:
Extra legal complexity, additional solicitor time
Title document costs, official copies and supporting evidence
Land Registry fixed fees for notices or restrictions, where used
Valuation fees, if a physical valuation is required
Broker time and packaging, if the case needs detailed narrative and supporting evidence
Early repayment charges, if you pivot to a remortgage or further advance mid-way
A simple planning principle: if the equitable route is being used to avoid paying costs caused by delays, do not create new delays by under-instructing on legal work.
Expert tips, common mistakes, and myths that cause delays
What we see most often in practice
Mistake: treating “equitable charge” as no-consent, full stop
In reality, it may avoid a Land Registry consent letter, but it does not erase your mortgage contract terms.
Mistake: leaving the title review too late
Missing one restriction or lease clause can derail timelines after money has been spent.
Mistake: no exit plan
If you expect to remortgage in 12 to 24 months, you must plan how the equitable charge will be redeemed or handled.
Myths that catch borrowers out
Myth: “Equitable means unregulated.”
In many residential scenarios, it is still treated within the FCA mortgage framework.
Myth: “I can remortgage later with no impact.”
Any form of secured interest can create extra steps later, especially when a new first charge lender wants a clean priority position.
Myth: “All brokers and solicitors handle these routinely.”
This is specialist, and experience matters.
Policy exceptions insight
When a lender offers equitable charges, they may still have a standard policy that says no, unless compensating factors are strong. The “exceptions” we most often see considered, depending on the lender and the case, include:
Lower combined loan to value, with a clear equity buffer
Strong payment history, minimal missed payments
Purpose that protects the property, for example essential repairs
Consolidation that improves affordability, with clear evidence of monthly savings
Stable income profile, consistent employment or provable self-employed track record
Where exceptions are possible, presentation matters. Underwriters are not just looking at numbers, they are looking at whether the story is credible and evidenced.
FAQs
Can I get a second charge mortgage without first lender consent in the UK?
Sometimes. If the only barrier is a consent letter needed to register a legal second charge, an equitable charge approach may help. If your first mortgage conditions prohibit further security, consent may still be required.
Is an equitable charge the same as a secured loan?
It is a form of security over property, but the legal structure differs from a registered legal charge. In many residential cases it can still fall under mortgage-style regulation and affordability rules.
Will an equitable charge affect a remortgage later?
It can. A new first charge lender commonly wants all existing secured interests redeemed or reorganised. Planning the exit upfront helps avoid surprises.
Do equitable charges avoid Land Registry restrictions?
They can avoid restrictions that only bite when registering a new legal charge, because the structure may not involve registering a legal charge. However, other Land Registry entries, such as notices, may still be relevant depending on the legal advice.
How long is the reflection period on a second charge offer?
In many cases you have the right to seven days from when the offer is made to consider whether to accept, and some lenders may allow longer.
What is the biggest risk borrowers underestimate?
Budget resilience. Two secured commitments can feel manageable until rates rise, work changes, or household costs increase. Stress testing before you proceed is essential.
Is this available for leasehold flats?
Sometimes, but leasehold clauses and title restrictions can add further consent layers. A lease review is often needed before you spend money on valuations or legal work.
A practical next step (without wasting fees)
If you are considering this route, the best first move is a structured “consent mapping” check:
review the title register for restrictions
review the first mortgage conditions for further charge wording
confirm whether an equitable charge is realistic for your borrower and property profile
compare it against alternatives, such as a further advance or remortgage
If you want a broker to pressure-test the route before you commit to costs, Manor Mortgages Direct can assess your options and flag early whether an equitable charge approach is likely to be the most efficient solution for your circumstances.