Buying a property sometimes forces you to take on its existing legal challenges.
It’s just crucial that you’re aware of these before completing the transaction.
Chancel repair liability is a typical example.
What is a chancel?
A chancel is a part of a church. It usually refers to the altar and the seats where the choir sits.
The word has its roots in the Latin word cancellus (via Old French, chancel), which means ‘lattice’ (i.e., a strip of metal or wood used to section off an area of the church).
What is a chancel repair liability?
Chancel repair liability refers to a house responsible for paying a small fee to a small parish church.
This money is typically used for repairs to the chancel.
Historical background to chancel repair liability
Chancel repair liability exists because the house was previously on the same land as the parish church.
It was once used as the residence of the priest, vicar or another clergy member.
So, when the house separated from the church to become a private residence, it was under the condition that its owners continue contributing to the church’s upkeep.
This is written in law and applies to the property, not the owner. Thus, it transfers to you when you buy it.
How common is chancel repair liability?
It’s not very common. It only applies to some small parish churches. And even then, they may not choose to enforce it.
A law change in 2013 means that churches must register a chancel repair liability.
This is done with the Land Registry. It should thus be straightforward whether it applies to a property.
And even when it does, the local parish church may choose not to invoke it. But if they do, you must follow your legal obligations.
How to know if there’s chancel repair liability
Your solicitor will do chancel searches when you buy a house.
This analyses whether your property is in a parish with a chancel repair liability.
If so, this can have implications for you further down the line. You may need to take out insurance.
Or it could affect the amount you’re willing to pay for the house.
Can I get out of chancel repair liability?
It depends. You can ask the church to remove the liability. But they are unlikely to do so.
And if they refuse, there’s not much you can do. It’s an obligation you take on when you buy the house.
In this case, speak to an insurance expert. They can advise on whether chancel repair insurance is worth considering.
What is chancel liability insurance?
Chancel liability insurance protects the homeowner from paying the costs of repairing a church’s chancel.
If you buy a house with an outstanding chancel repair liability, you can take this out.
You can take out this insurance for as long as you like. This includes for as long as you own the house or even forever.
You should speak to an insurance expert before taking this policy out.
