Who needs ILA on a second charge
Three situations account for most requirements. First, joint owners where only one benefits: if a couple's home secures a loan for one partner's business, the other owner is putting their home at risk for someone else's debt, the textbook scenario from the undue-influence case law (Royal Bank of Scotland v Etridge), and lenders require that person to have independent advice.
Second, directors' personal guarantees: a second charge securing company borrowing usually comes with a guarantee, and guarantors need ILA just as with a company mortgage. Third, some lenders require ILA for any borrower on an unregulated second charge, simply to make the security robust.
What the appointment covers
The solicitor reviews the loan agreement, the legal charge and any guarantee, then explains: that the property already secures a first mortgage and the new borrowing sits behind it, that default can lead to repossession even if the first mortgage is paid perfectly, the total exposure across both charges, and, for a non-benefiting owner or guarantor, that they are risking their interest in the property for a debt that is not really theirs.
The solicitor must be independent: not the firm acting for the lender, and not the firm acting for the borrowing company or partner. Appointments run 20 to 40 minutes, and most second charge lenders accept video calls.
Cost and timing
Fixed fees typically run from £150 to £300 at standard turnaround, with 24-hour express service around £350 to £500. Where a spouse's consent and a director's guarantee are both required, each person needs their own advice, and lenders often insist the advice sessions are separate.
Second charge completions are quicker than purchases, commonly two to four weeks, and the ILA certificate is usually one of the last conditions outstanding. Booking the appointment as soon as the loan offer is issued keeps it off the critical path.
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Compare solicitorsFrequently asked questions
My partner's business loan is being secured on our jointly owned home. Do I need ILA?
Almost certainly yes. You are risking your share of the home for a debt that benefits your partner's business, and lenders require independent advice for exactly this situation so your consent cannot later be challenged. The solicitor advising you must be independent of both the lender and your partner's business.
Does a second charge on a buy-to-let need ILA?
Often, particularly when the borrower is a company (directors' guarantees need advice) or when an individual owner is not the one receiving the loan money. For a straightforward second charge to the sole owner for their own purposes, many lenders do not require it. The loan offer conditions state what certificates the lender needs.
Can my partner and I use the same solicitor for our ILA?
Sometimes, but where one of you benefits from the loan and the other does not, lenders commonly require the non-benefiting party to be advised entirely separately so the advice is unmistakably independent. Check the lender's requirements before booking a joint appointment.
How much does second charge ILA cost?
Typically £150 to £300 per person at standard turnaround as a fixed fee, rising to £350 to £500 for 24-hour express service. Remote video appointments, which most second charge lenders accept, are usually the cheapest and fastest option.
This guide is general information about how independent legal advice works in England and Wales, not legal advice on your situation. Lender requirements vary; always check your offer conditions. For advice you can rely on, speak to an SRA-regulated solicitor.