Chancel repair proposals remove 'unnecessary' conveyancing costs

The Law Commission has unveiled proposed reforms that would clarify the ‘obscure’ law governing chancel repairs and remove ‘unnecessary’ conveyancing costs.

The commission has called for the Land Registration Act 2002 to be amended so that purchasers are bound by chancel repair liability - an obligation to repair the chancel of a parish church whenever it falls into disrepair – only if it appears on the property title.

According to a consultation paper published today, conveyancers usually arrange a search to check if land is potentially subject to chancel repair liability. Searches typically cost £30 to £40. Additionally, or instead, conveyancers arrange for chancel repair liability insurance to be taken out.

'While individual costs seem modest, they cumulatively add millions of pounds to property transactions across England and Wales each year,' the commission said.

The law governing chancel repair liability is 'obscure and uncertain', the commission added. The financial impact can be ‘considerable’. In Aston Cantlow Parochial Church Council v Wallbank, for instance, the commission said home owners were pursued for nearly £187,000 in chancel repairs plus £250,000 in legal costs.

Commission chair Sir Peter Fraser said today's proposals would reduce unnecessary costs for homebuyers and ensure the land registration rules worked as parliament intended.

The consultation closes on 15 November.