The Law Commission is currently conducting a consultation process regarding proposed reforms to the law governing chancel repair liability.
What is chancel repair liability?
Chancel repair liability is a legal obligation that may require a property or landowner to contribute to the cost of repairs to a local parish church. This liability dates back to the feudal system and, although it is rarely enforced today, when it is invoked, the financial implications for the affected party can be significant.
Since October 2013, chancel repair liability ceased to be classified as an overriding interest under the Land Registration Act 2002. The intention of the Land Registration Act 2002 was to ensure liability only applies if it is expressly registered on the property’s title at the Land Registry.
Current issues
However, a critical question has emerged regarding the ongoing legal status of chancel repair liability: specifically, whether property owners continue to be liable for such repairs despite the provisions of the 2002 Land Registration Act.
As a consequence, homebuyers and land purchasers are still advised to investigate the possibility of chancel repair liability in order to protect themselves from any unforeseen liabilities. Of course, the 2002 Land Registration Act only governs land registered at H M Land Registry and therefore, purchasers of unregistered property and land could still find that they are bound by undiscoverable chancel repair liability.
The Law Commission’s objectives
The Law Commission is currently reviewing this matter with the aim of ensuring that chancel repair liability does not bind land purchasers unless it is properly registered, thus ensuring that prospective buyers are fully informed of any existing liabilities prior to completing their purchase.
This review seeks to eliminate the need for potentially expensive and time-consuming searches, or the necessity of obtaining indemnity insurance to cover this risk.
A consultation paper, published this year, outlines a detailed discussion of the historical background of chancel repair liability, as well as an analysis of the application of the Land Registration Act 2002.
There are provisional proposals for amendments to the Land Registration Act 2002 to clarify that it is possible to register a notice of liability that registered land and that the purchaser of registered land is not bound by such liability unless the liability is protected by notice.
Additionally, the discussion will also consider the law governing unregistered land and will make provisional proposals recommending that it is possible to lodge a caution against first registration relating to liability and, any chancel repair liability that is not recorded at first registration, ceases to bind the newly registered estate
Recommendations for reform are expected to be published in 2026.
How Moore Barlow can assist
Moore Barlow’s Rural Property and Landed Estates Team comprises highly experienced advisors who can assist you in determining whether your property or land is affected by chancel repair liability.
Should you be concerned that your land or property might be subject to this liability, our team is equipped to conduct a comprehensive review of your title, perform any necessary checks and searches, and provide you with informed advice.
In instances where indemnity insurance may be required, we can also help you obtain chancel repair indemnity insurance. Our firm works with a range of insurers to provide tailored policies specifically suited to the unique needs of landed properties and agricultural estates.
