Chancel Repair Liability

Chancel repair liability traces its origins back to the 16th century, stemming from the sale of monasteries by Henry VIII. During this period, the responsibility for maintaining the chancel, which encompasses the area around the altar in a church, including the choir and sanctuary, shifted from the monks to the new landowners. It’s important to note that this land may not always be in close proximity to the church building.

Approximately 5,200 pre-Reformation churches in England and Wales are affected by this liability. Parochial Church Councils (PCCs), or the Church of Wales in Wales and Monmouth, have the authority to demand that owners of former church land within the parishes of churches constructed before 1536 contribute a portion, historically referred to as a tithe, towards the upkeep and repair of the chancel.

Initially, this liability was not consistently documented. In an effort to modernise what was viewed as an outdated law, the Land Registration Act 2002 mandated that, as of October 13, 2013, new landowners would only be bound by chancel repair liability if it was officially recorded in the land register. Subsequently, properties sold without such notation in their register may be considered exempt from liability.

For properties where the liability was registered by the 2013 deadline, subsequent landowners remain accountable for their share. However, if the liability is not registered by this deadline, it remains enforceable until the land changes hands. While it is still possible to register the liability after the 2013 cut-off, it will only be valid if there has been no sale of the land.

In 2013, a Freedom of Information request by the Sunday Times revealed that 247 churches had registered 12,276 homes or land plots as being liable. However, considering that around 5,200 churches could potentially benefit from this right, the actual total is likely higher.

While actual claims are infrequent, the potential for a claim can impact property prices significantly. Therefore, verifying the existence of this liability is a crucial aspect of conveyancing when purchasing property. It’s also feasible to obtain insurance to mitigate the risk of a claim.

The National Secular Society is actively advocating for the abolition of this liability.