History and Nature of the Liability
Chancel repair liability derives from the medieval tithe system. When Henry VIII dissolved the monasteries, former church lands were granted to secular owners with the obligation to maintain the chancel of the local parish church. The liability is unlimited — the PCC can demand repairs or sue for the full cost. Wallbank v Aston Cantlow [2003] UKHL 37: House of Lords upheld the liability; £95,000 plus costs awarded.
The October 2013 Registration Deadline
LRA 2002 s.117: chancel repair liability ceased to be an overriding interest from 13 October 2013. Parishes had to register a unilateral notice on the Land Register before that date to preserve the liability against future purchasers for valuable consideration. If not registered by that deadline, the liability is void against a post-October 2013 purchaser for value. Existing owners, gift recipients, and inheritors may still be bound.
Current Risk Assessment
Check the title register for a unilateral notice for chancel repair liability. A specialist chancel search (ChancelSure or similar, £15–25 + VAT) confirms whether the property is in a historic chancel repair area. If no notice is registered and you purchased for value post-13 October 2013, you should be free of the liability — but always verify. CON29 does NOT reveal chancel repair liability.
Indemnity Insurance
Single-premium policy; typical cost £25–75 for residential property; permanent; passes to successors on sale. Critical condition: do NOT contact the Parochial Church Council before obtaining insurance — contact puts the PCC on notice and removes insureability. Instruct your solicitor to obtain insurance before any contact with the church.