Chancel repair liability
Chancel repair liability dates back to the 16th century sale of monasteries by Henry Vlll, during which, responsibility for repairing the chancel (the part of a church around the altar, including the choir and the sanctuary) passed from the monks to the new owner of the land. This land is not always close to the church building.
5,200 pre-Reformation churches in England and Wales benefit from a right, allowing Parochial Church Councils (PCC’s or the Church of Wales in Wales and Monmouth) to require owners of former church land within the parishes of churches built before 1536 to contribute a proportion (historically known as a tithe) of the cost of maintaining or repairing the chancel.
This liability was not always recorded, and in an effort to reform what was seen as an outdated law, The Land Registration Act 2002 required that from 13 October 2013, new owners of land will only be bound by chancel repair liability if it is entered in the land register. Since then, properties sold with no notice in their register may be considered free from the liability.
If the liability was registered by the 2013 deadline, future owners of the land remain liable for their share. If the liability was not registered by the 2013 deadline, the liability is still enforceable until the land is sold. Liability can still be registered after the 2013 deadline, but is only be effective if there has been no sale.
A freedom of Information request by the Sunday Times in 2013 revealed that 247 churches had registered 12,276 homes or plots of land as being liable. However, as it is thought that 5,200 churches could benefit from the right, the final total is likely to be higher.
Actual claims are rare, but the potential for there to be a claim can affect property prices, and checking for the liability is an important part of conveyancing when purchasing a property. It is possible to obtain insurance to cover the potential for a claim.
The National Secular Society is campaigning for the liability to be abolished.
[edit] Related articles on Designing Buildings Wiki:
IHBC NewsBlog
BRE/BEIS project to modernise home energy rating scheme
The Building Research Establishment (BRE) has announced a new project with the Department for Business, Energy and Industrial Strategy (BEIS) to improve and modernise the home energy rating scheme used to measure the energy and environmental performance of UK homes.
Interdisciplinary IHBC accreditation recognised by CSCS for PQP Cards
Sector lead the Construction Skills Certification Scheme (CSCS) has recognised the IHBC’s professional accreditation and support (CPD etc.) in awarding its PQP (Professionally Qualified Person) cards.
IHBC Heritage Marketplace provides learning-led virtual engagement
The IHBC’s 2022 Aberdeen School Heritage MarketPlace (4.30-7.30PM, 15 June) is designed to extend the scope of a traditional IHBC School exhibition floor.
Unearthing the history of Gloucester’s 'the Fleece' Hotel starts
Work to repair a fire-hit medieval hotel in Gloucester is underway as crews have started work to strip back some of the modern trappings and reveal the historic framework.
Booking Open for IHBC Annual School: Aberdeen, 16-18 June 2022
Options for in-person and virtual delegates to explore ‘heritage on the edge’ across up to 4 days of IHBC engagement & learning.
European Heritage Heads Forum statement on Ukraine
The Secretariat to the European Heritage Heads Forum has has coordinated its declaration of solidarity and support for Ukraine’s cultural heritage institutions.
Welcome to #IHBC25 – 25 years since we turned professional
2022 will see the IHBC mark a quarter of a century since our incorporation as a professional body supporting and accrediting built and historic environment conservation specialists. We’re kick-starting it by inviting your ideas on how to mark this special year!
IHBC launches new Guidance Note on ‘Design sources for historic building conservation'
The IHBC’s latest Guidance Note adds to the institute’s open-access, online practitioner’s Toolbox.
England’s communities empowered to shape design of neighbourhoods
Twenty-five areas in England from Bournemouth to Carlisle have been awarded a share of £3 million to help them set their own standards for design locally. "move from a vicious circle of generic development to a virtuous circle of regenerative development".
IHBC at COP26 - Conserving our Places Conserves our Planet - Podcast
The IHBC seeks to raise awareness and understanding of how building conservation philosophy and practice contributes towards meeting the challenge of climate change.