What is chancel repair liability?

Key takeaways

• Chancel repair liability is an ancient law requiring some UK property owners to fund local church repairs

• Property owners should check with the Land Registry, consult local historical records, and seek professional advice to check if their property is subject to chancel repair liability

• Consider taking out chancel liability insurance insurance for financial protection

What is chancel repair liability?

Chancel repair liability compels some homeowners and landowners in England and Wales to fund local church repairs.

Responsibility for the cost of repairs to the chancel, which is the part containing the altar and where the priest and choir sit, dates back to the reign of Henry VIII.

The responsibility is tied to the land, allowing it to pass from one owner to another.

In a quirk of our legal system, the liability still impacts some property owners today despite a major change to the law in 2013.

What were the changes to chancel repair liability in 2013?

Before October 2013 you didn’t necessarily know that your property was subject to chancel repair liability as it didn’t need to be appear on the title deeds from the Land Registry.

However, the Land Registration Act 2002 required Parochial Church Councils (which administer Church of England parishes) to register a notice or caution for chancel repair liability on properties by midnight on 12 October 2013.

Could my house still be affected by chancel repair liability?

Yes. You could still be affected by chancel repair liability, particularly if:

• You haven’t sold your house or land since 12 October 2013. That’s because church councils still have until a property is next sold to register a notice or caution (despite the initial deadline)

• You’ve been gifted or inherited a property on or after 13 October 2013 as there’s no requirement for councils to register a notice or caution in these circumstances

How much could chancel repair liability cost?

It could potentially costs thousands of pounds.

In a rare case, Adrian and Gail Wallbank were forced to sell their farmhouse to pay a £230,000 repair bill for St John the Baptist church in Warwickshire as the farmland they had inherited was subject to chancel repair liability.

The couple spent £250,000 in legal fees during an 18-year legal battle which they ultimately lost.

How can I tell if my house is liable for chancel repair?

If you’re in the process of buying a house then your conveyancer should perform chancel search, which could cost £20-£100 (plus VAT), depending on how comprehensive it is.

If you’re unsure about a house or piece of land you already own, you should:

• Check with the Land Registry: Begin by obtaining your property's title deeds from the Land Registry. These documents often reveal if your property has historical obligations, which may include chancel repair

• Consult local historical records: Visit your local archives or contact a historian. Parish maps or documents may show historical responsibilities linked to your land

• Seek professional advice: If your research indicates potential liability, you could consult a solicitor specialising in property law. They can offer detailed guidance and clarify your options

• Consider chancel repair insurance: If there's a risk, consider taking out chancel repair insurance. This insurance is generally affordable and provides peace of mind

• Stay informed: Keep updated with any legislative changes concerning chancel repair liability. These changes can affect your responsibilities and options

What is chancel liability insurance?

You can help cover the cost of any chancel repair costs that may arise by taking out chancel liability insurance, usually for a one-off payment. There are two types:

• No search chancel indemnity insurance - an indemnity policy you can take out to cover the cost - as long as you were not aware that your home, land or commercial property was liable

• Chancel Repair Insurance - cover you can take out if there is a known chancel repair liability

How much does chancel repair liability insurance cost?

For a typical family home, chancel repair liability insurance (also known as 'chancel indemnity insurance’ can start at £20, provided you haven’t had a search carried out. If you’ve carried out a search and there is a known liability then you can still take out insurance but the premium will be more expensive.

The cost of the premium will depend on:

• Your property location

• How long the policy is for

• Whether the Parochial Church Council has registered a notice or caution

• The indemnity limit

Tips for finding affordable chancel repair insurance

• Consider taking out no search chancel repair insurance but it’s a good idea to discuss this with your conveyancer first

• Make sure you compare the indemnity limit of different policies

Is chancel repair insurance covered under my home insurance?

No, standard home insurance policies do not usually include chancel repair insurance. So if your property is in an affected area, you could face unexpected costs.

It’s a good idea to consider taking out separate chancel repair liability insurance or chancel indemnity insurance from a specialist provider.