A new era for homeowners and chancel repair liability

Chancel repair liability has been hot news since 2003.

This was then year when Mr and Mrs Wallbank were on the losing end of a House of Lords’ decision that found them liable to foot the bill for repairs to the chancel of a church near their farm in Warwickshire, to the tune of some £100,000. 

In the ten years since that case, it became standard for property solicitors to carry out a chancel search on behalf of buyers. The results of this search gave an indication as to whether the local Church of England or Wales might be able to look to property owners in their parish to contribute to the cost of repairing the chancel of the church.  Any potential risk was addressed by paying for one of the inevitable plethora of indemnity policies that had emerged following the Wallbank case.

But, as from  13 October 2013 homebuyers can rest a little easier and most will be able to save themselves the cost of a search and any necessary indemnity policy. From this date, unless the Church of England or Wales have already managed to register a chancel repair liability against the title of a property, any purchaser of a property (but not someone who is being gifted a property or who inherits under a will) will automatically take free of any liability.

It is important to note, however, that until a property is actually sold the current owners remain at risk of the church being able to note a chancel repair liability against the property title at any time.

Nonetheless, for once, the law has made things a little easier for property solicitors and given their property purchasing clients a little less to worry about.

If you have any questions please contact Lynn Norris on 01943 601173 orby e-mail LynnNorris@rdcsolicitors.co.uk