Chancel Repair Liability
Identifying if there is potential to charge for repairs to the parish church chancel, with ChancelCheck® and ChancelCheck® Premium
Chancel repair liability is the result of a medieval law, whereby the Parish Church was granted powers to charge those owning ‘rectorial land’ or property within the parish for the upkeep of the church chancel.
The chancel is the eastern part of a Christian parish church, where the choir and clergy sit.
Key Facts
- It is estimated that as many as 5,200 parishes may be subject to chancel repair liability
- The liability can affect properties of any age or Use Class
- The property does not need to be close to a church for the property owner to be liable
- Identification of chancel repair liability is a key requirement for many mortgage lenders
- The cost of chancel repairs can be in the region of £90,000*
*Based on previous chancel repair costs
Background
Chancel repair liability remains an overriding interest for properties which have not transacted for value since 13th October 2013 and can attach itself to land regardless of whether the liability is currently noted against the title. As the Parochial Church Council (PCC) is still permitted to enter a notice or caution, this liability might only become apparent once the property is sold, making the prospective risk unquantifiable.
For properties which have transacted for valuable consideration since 13th October 2013, any notice of liability or caution should be listed on the title register for the property. However, it is important to note that a property transferred by gift or inheritance on or after 13 October 2013 could still be subject to chancel repair liability, regardless of whether a notice or caution is listed on the title register.
Solutions
Solutions
ChancelCheck® and ChancelCheck® Premium
The original, instant, low-cost screening reports which identify if there is a potential liability for property owners to fund repairs to the parish church chancel.
Which Report Do I Need?
ChancelCheck®
For only £23 + VAT, ChancelCheck® is designed for both commercial and residential properties, where the property radius is 25 metres or less.
ChancelCheck® Premium
For only £86 + VAT, ChancelCheck® Premium is designed for any commercial or residential property where the property radius exceeds 25 metres.
What are the Benefits?
Both ChancelCheck® and ChancelCheck® Premium will screen a property against the National Archives and County Records Office data, providing:
- Results delivered instantly via email
- Online availability, 24/7
- A simple, easy to use ordering system
The Results
Once the ChancelCheck® or ChancelCheck® Premium has been ordered, it will be returned to you instantly, with one of two results:
- Certificate – If the area of land selected falls within a parish or parishes that do not have the ability to claim for chancel repair liability, the search will be received as a Certificate.
- Report – If the area of land selected falls within a parish or parishes having the ability to claim for chancel repair liability.
Where a Report has been issued, chancel repair liability insurance may be available to cover the potential risk, with prices often starting from as little as £40.00 including IPT.
Important Notice:
ChancelCheck® and ChancelCheck® Premium do not publish the relevant parish name within the search results to deter contacting of the Church. Doing so will put the Church on notice of a potential liability and may lead to negating insurance cover. Where a property is affected, conveyancers who have failed to screen for this risk may be deemed negligent.
Our Chancel Repair Liability Searches
ChancelCheck®
The original, instant, low-cost screening report which identifies if there is a potential liability for property owners to fund repairs to the parish church chancel.
ChancelCheck® Premium
An instant, low-cost report to identify the potential to charge for repairs to the parish church chancel. Designed for use where the property radius exceeds 25 metres.
Expert Advice and Support
If you have questions about any of our products and services, including ChancelCheck® and ChancelCheck® Premium, please do not hesitate to contact the team on: +44 (0)1732 755 180 or email us via the link below.
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