Chancel repair liability
Chancel repair liability dates back to the 16th century sale of monasteries by Henry Vlll, during which, responsibility for repairing the chancel (the part of a church around the altar, including the choir and the sanctuary) passed from the monks to the new owner of the land. This land is not always close to the church building.
5,200 pre-Reformation churches in England and Wales benefit from a right, allowing Parochial Church Councils (PCC’s or the Church of Wales in Wales and Monmouth) to require owners of former church land within the parishes of churches built before 1536 to contribute a proportion (historically known as a tithe) of the cost of maintaining or repairing the chancel.
This liability was not always recorded, and in an effort to reform what was seen as an outdated law, The Land Registration Act 2002 required that from 13 October 2013, new owners of land will only be bound by chancel repair liability if it is entered in the land register. Since then, properties sold with no notice in their register may be considered free from the liability.
If the liability was registered by the 2013 deadline, future owners of the land remain liable for their share. If the liability was not registered by the 2013 deadline, the liability is still enforceable until the land is sold. Liability can still be registered after the 2013 deadline, but is only be effective if there has been no sale.
A freedom of Information request by the Sunday Times in 2013 revealed that 247 churches had registered 12,276 homes or plots of land as being liable. However, as it is thought that 5,200 churches could benefit from the right, the final total is likely to be higher.
Actual claims are rare, but the potential for there to be a claim can affect property prices, and checking for the liability is an important part of conveyancing when purchasing a property. It is possible to obtain insurance to cover the potential for a claim.
The National Secular Society is campaigning for the liability to be abolished.
[edit] Related articles on Designing Buildings
IHBC NewsBlog
Stirling Prize-winning Salford building to be demolished
The Centenary Building will be bulldozed as part of the wider £2.5bn Crescent regeneration project
Volunteers work to transform 100-year-old ‘hidden’ building into bothy
The building, named Druimnashallag, is located southeast of Oban.
The new ‘Arches for HERs’ Demo site, from the Getty Conservation Institute via HE
It shows how organisations responsible for historic environment records (HER) management can benefit from its powerful features.
ICOMOS-CIF 2024 Symposium celebrates 40th anniversary in Venice
It aims to critically review current practices and theories of conservation of built heritage around the world, and more.
HES establishes new national centre for retrofit of traditional buildings
HES plans to develop the centre follows £1m of funding from UKRI Arts and Humanities Research Council.
High Court rejects oral appeal against tower block decision in historic Bloomsbury
The request was for a full Judicial Review hearing against Camden Council’s approval of a 74m-high tower block in Bloomsbury.
Mayor of London and Government announce bold plans to transform Oxford Street
Plans include turning the road into a traffic-free pedestrianised avenue, creating a beautiful public space.
Crystal Palace Subway, for 160th anniversary
The remarkable Grade II* listed Crystal Palace Subway in South London begins a new era following major restoration.
National Trust brings nature back to an area twice the size of Manchester in less than a decade
The National Trust has achieved its aim of creating or restoring 25,000 hectares of priority habitat on its land by 2025.
18th-century hospital in York to become sustainable homes
A former mental health establishment founded by a Quaker in 1792 is to be converted into 120 energy-efficient homes in York.