Chancel repair liability and registration
This project aims to close a historic loophole and save homeowners millions in insurance costs.
Problem (Back to top)
Chancel repair liability is an obligation on a landowner to pay for certain repairs to a local church. It has its origins in the feudal system and is rarely enforced, but when it is the liability can be huge.
The intention of the Land Registration Act 2002 was that chancel repair liability should not bind purchasers of land after 2013 unless protected on the register. However, since the 2002 Act was brought into force, a question has arisen about the legal status of the liability and whether homeowners are nevertheless bound despite that Act.
As a result, home buyers and land purchasers spend millions each year on searches and insurance to help protect themselves from unexpected costs.
The 2002 Act also only governs registered land. Purchasers of unregistered land can still find that they are bound by an unexpected and undiscoverable chancel repair liability.
Project (Back to top)
This project came out of our 13th Programme of Law Reform.
It will ensure that chancel repair liability does not bind purchasers of land, unless it is registered – and therefore visible – to purchasers.
It will also help avoid the need for purchasers to undertake chancel repair searches, or to pay for insurance – potentially saving millions.
Next steps
Once we launch a consultation for this project, we will update this section.
Documents (Back to top)
There are no documents published for this project currently.
Updates (Back to top)
There are no updates currently for this project.
Contact (Back to top)
Contact us for more information.