The risk of a property in England or Wales being subject to a chancel repair liability (“CRL”) has been a worry for property owners and their lawyers for many years.
What is chancel repair liability?
Chancel repair liability is an obscure but enforceable obligation on certain property owners to contribute to the cost of keeping a local church chancel in good repair. The chancel is the eastern end of the church, which contains the altar. Traditionally, the parish priest was responsible for the repair of this area, but certain property owners also have an obligation to contribute to this cost, and this liability goes back hundreds of years. Following changes in the law, parochial church councils are now responsible for the repair of churches, but these changes did not remove the CRL from this category of landowners.
What happens if you are a landowner and subject to a chancel repair liability?
A landowner who is subject to chancel repair liability can be looking at a substantial bill, if called upon to contribute to an actual chancel repair. In the most well-known case on this subject in recent years, the property owners faced a bill of nearly £200,000. The potential risk of CRL also adds costs to every conveyancing transaction, as property lawyers will routinely carry out a search to assess the potential risk of chancel repair, and if such a risk is revealed, will put in place indemnity insurance at a cost to the buyer.
The risk of chancel repair liability was supposed to have been dealt with back in 2013 as a result of the Land Registration Act 2002. However, it is clear that considerable uncertainty remains, and that market practice is still to carry out a chancel repair liability search and put indemnity insurance in place in any event.
The Law Commission believe that the time has come to look at what can be done to remove such uncertainties.
What does the Law Commission consultation propose?
The consultation sets out proposed changes to create certainty for buyers. The consultation considers whether the Land Registration Act 2002 should be amended to clarify that chancel repair liabilities are registrable by notice on a registered title and are only enforceable against buyers of registered land if the chancel repair liability appears on the registered title to a property (and not otherwise). The consultation also looks at whether this change should be retrospective and at the (rare) position which occurs when property lawyers are dealing with unregistered land.
In launching the consultation, Sir Peter Fraser, Chair of the Law Commission said:
“These proposals aim to deliver the certainty that was intended when the land registration rules changed in 2013. By clarifying the law, the aim is to reduce unnecessary costs for those who buy land such as homebuyers, while ensuring the rules work as Parliament expected.”
What are the next steps following the consultation?
The consultation closes on 15 November 2025, allowing sufficient time for the Church of England, the insurance industry and the property industry to review and make comments. It is hoped that reform of this issue would be welcomed by property lawyers and buyers across England & Wales, and lead to greater certainty and clarity for all concerned. Once the consultation closes, the Law Commission expect to report further during the course of 2026.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
