What is chancel repair liability and does it still apply?
After being asked this very question, we scratched our heads and had to agree that we didn’t know much at all about chancel repair liability – except that it can result in rather nasty surprise bills.
So, what is chancel repair liability, and why does it still matter to property buyers today?
Well, we did what anyone else would do – Googled it, which is likely what led you here. In simple terms, chancel repair liability is a historic legal obligation that can require some property owners to contribute towards the repair of a local parish church. The liability dates back centuries and can still apply to certain properties in England and Wales today.
Does chancel repair liability still apply?
We found that, although there were changes to the law in 2013, these did not completely remove chancel repair liability. In some cases, the liability can still exist, particularly if it has been registered against a property title.
This means that, while relatively uncommon, there is still a risk that buyers could face unexpected costs if the issue is not identified during the conveyancing process. For that reason, many solicitors recommend carrying out a chancel repair search or taking out indemnity insurance.
Is chancel repair liability covered in a building survey?
Generally, no. While this isn’t something typically covered in a building survey, it is an important legal consideration to be aware of when buying a property.
If you need expert advice when buying a property, contact Collier Stevens, London chartered surveyors, for clear, independent guidance.
Steven Way
Steven Way BSc MIHEEM MFPWS MRICS is the Practice Principal and is a Chartered Building Surveyor. With over 35 years as a practicing surveyor, Steve has a wealth of experience and expertise in both residential and commercial building surveying, party wall advice and disabled access auditing. He has also built his reputation as an expert witness.