Chancel repair liability is an ancient law that can hold homeowners liable for repairs to their local Anglican parish church, even if they are unaware of this liability. Under this law, homeowners living within parishes of churches built before 1536 may be responsible for church repair costs. While lawyers often check for this liability during property purchases, existing homeowners may still be liable if their home is on land registered by the local church council. Homeowners and buyers should be aware that liability can still exist in some cases even after 2013, and not having insurance could result in costs of thousands of pounds to repair the church if required. It is advisable for homeowners to purchase insurance to cover any potential chancel repair liability and protect their property value.

1. Chancel repair liability is an ancient law which can force homeowners to pay for the repair of their
local Anglican parish church.
Under chancel repair liability, homeowners living within the parishes of churches built before 1536
can be held liable for costs.
While it is commonplace for conveyancing lawyers to check a purchaser’s liability for chancel
repairs, existing homeowners may still unwittingly be liable to cover costs if their home lies on land
which has been registered by their local parochial church council (PCC).
The law around this situation changed as of October 12, 2013, which was the cut-off point for
PCCs to register land liability with the Land Registry.
However, what must be noted by home owners and purchasers alike is that chancel repair liability
can still be enforced in some circumstances. Properties could be registered as liable even after
October 2013 if the house had not yet been sold to another owner. Properties where an interest
has already been registered will remain liable if they are later sold.
If a property is found to have chancel repair liability and no insurance is in place, it is usually not
possible to secure it retrospectively – or if successful, costs can run into thousands of pounds. It
could even reduce the market value of the property or make it unsellable
Liability for chancel repair will not necessarily show on the title deeds of a house, and it always
advisable to put in place chancel repair insurance to cover the full purchase price and ensure that it
is transferable to future buyers. It is therefore advisable, although not mandatory, to put in place
liability insurance as it has been known for property owners to be called upon to contribute to the
cost of repairs to the local church.
A good lawyer will carry out a search for this, as well as to take out insurance against potential
liability claims from the point of exchange of contracts. The search will check historical parish
boundaries, third party data and the relevant Inland Revenue Indices held at the National Archives,
and will show if there is a risk of chancel repair liability within the historical parish in which the
property is located.
Admittedly, claims are quite rare, but there are cautionary tales which remind home buyers of the
need to check their liability from the outset – in 2009, a couple from Warwickshire sold their home
after losing an 18-year legal case and were left with costs of £250,000.
It is far better to clarify your position in the first instance, thus removing any uncertainty – and
potential financial penalties – further down the line.
 Rukhsanah Haroon is a residential property specialist at Newcastle law firm Sintons. To
speak to Rukhsanah about this or any other matter, telephone 0191 226 7924 or email
Rukhsanah.haroon@sintons.co.uk