Chancel Repair Liability FAQ
What is a Chancel Repair Liability?
A Chancel Repair Liability is a liability that was imposed usually in medieval times,
by the Church of England, on land or property owners, to pay a contribution towards
the cost of repairing the chancel of the local parish church. The chancel is the
eastern end of the church which contains the altar, communion table and choir stalls.
The liability can amount to several hundred thousand pounds. A recent court case
enforced such a liability against an individual property owner.
What sort of properties are affected?
Only certain properties in certain parishes will be subject to this liability. There
are some 5200 parishes in England that contain churches that date back to medieval
times. The liability will only attach to properties in those parishes that contain
such a church. Around 35% of all parishes are affected. Affected properties or land
need not necessarily be in close proximity to the church, and need not necessarily
be in a rural area.
How can my solicitor check if the property I am buying is affected?
It is now possible to carry out a quick search, which will disclose whether the
property is situated in an affected area of an affected parish. If it is not, the
search provider will issue a certificate to this effect.
If the search reveals that the property is in an affected parish, it is not at all
easy to establish for certain whether the specific property is subject to such a
liability. The title deeds will only rarely mention the liability, and whilst it
is possible to carry out a further search to investigate the matter in detail, the
result is still not likely to be conclusive. The detailed search will in any event
take some time to do, and will cost in excess of £100.
When will I find out if my property is in a risk parish?
We will carry out a Chancel Check Search on your purchase as a matter of course.
Because the results are obtained online they are usually back with us in a few hours.
We will let you have a copy of the search result as soon as we can after we receive
it, along with detailed advice about your options if the search reveals your property
is potentially at risk.
Can I insure against the risk?
If the initial quick search reveals that the property is in an affected parish,
the best option is to take out insurance against the possibility that the Church
will ask you to make a contribution towards the cost of the chancel repairs. There
will be a one off premium, which can range from around £60 to £195 for the average
residential property, depending on the value and acreage of the land, and whether
the policy is taken out to protect just you or future owners of the property as
well.
Contact Us
For further information or advice on any conveyancing matter, please e-mail
residential.property@chattertons.com or contact a member of our Residential
Conveyancing Team from the contact details given below:
Contact Details
Residential Conveyancing Team