The Diocesan Registrar holds a list of parishes in the Diocese of Norwich indicating those for which chancel repairing liability has now been extinguished, and those where it continues in force.
If there is no land in the parish which may be subject to chancel repair liability then the PCC need take no action.
If there is land in the parish which may be subject to chancel repair liability, the PCC should consider carefully whether it wishes to take steps to identify that land and to register a notice or caution against the property to ensure that if the property is sold or becomes registered after 12 October 2013, the chancel repair liability will continue to run with the land. In relation to land which is unregistered a caution against first registration can be registered (Land Registry Form CT1). In relation to registered land a notice would need to be registered (Land Registry Form AN1 for an Agreed Notice, where the landowner agrees to it being registered, or UN1 where he does not – the Land Registry forms are available on their website at www.landreg.gov.uk/).
However, this may not be the automatic choice for a PCC for the following reasons:
- It may be expensive to identify parcels of land within the parish which may be subject to chancel repair liability, and the ownership of that land.
- Once the land carrying a potential liability has been identified, a notice or caution will need to be registered at the Land Registry in respect of that land. There is however no fee for this provided that the registration is effected prior to 12 October 2013.
- The Land Registry may require evidence to be produced to show how the liability to pay for chancel repairs has arisen and how it has devolved onto the land in question, and it may be expensive and time consuming to establish this.
- Once a notice has been registered, the entitlement to recover contributions to chancel repair costs ceases to be an overriding interest. If the notice is subsequently cancelled, the right to recover contributions from future owners of the property will effectively have been lost, as it will no longer be an overriding interest
- Registration of a notice against the properties in the parish which may be affected may be perceived as an unhelpful or even hostile step, which may adversely affect relations between the PCC and the church on the one hand, and parishioners on the other hand
Notwithstanding these considerations, it may be prudent for the PCC to seek to protect its rights to recover contributions to chancel repair costs by registering appropriate notices at the Land Registry. A PCC wishing to take this step will need to take legal advice to ensure that satisfactory evidence is available to support Land Registry applications.
As a minimum, to ensure that the members of the PCC discharge their fiduciary duties properly, each PCC should probably consider and minute its conclusions on the following questions before 12 October 2013
- Whether there is land within the parish which may be subject to chancel repair liabilities
- If the answer to the first question is ‘yes’, whether there is sufficient evidence available to support the registration of the PCC’s rights in respect of particular parcels of land
- If the answer to question 2 is ‘yes’, whether, having regard to the potential advantages, costs and disadvantages of registering rights to receive contributions to the cost of chancel repairs, the PCC wishes to proceed to register such rights in respect of that land
Where a PCC knows that land is affected by chancel repair liability, and is faced with a bill for chancel repairs, the PCC should consider very carefully the benefits and disadvantages of pressing landowners to make a contribution to chancel repair costs. On the one hand, by recovering part or all of the cost from a local landowner or landowners, the PCC will be assisted financially, and may be able to complete urgent repairs more quickly than would otherwise be the case, or to maintain funding for other important projects. On the other hand, however, enforcement of this type of liability may alienate parishioners and could be unhelpful to the wider mission of the church. It may therefore be better to seek ‘voluntary’ contributions to repair costs, rather than relying on strict legal rights. However, PCC’s should make sure that they protect their legal entitlement to recover chancel repair contributions where this is possible, by registering the relevant rights.
Please see also the advice set out by the Legal Division of the Archbishops’ Council at http://www.churchofengland.org/media/51405/chancelrepairliability.rtf
What costs can be recovered under Chancel Repair liabilities?
First, the liability relates only to the chancel, not to other parts of the church, such as the nave or tower.
The liability goes beyond paying for the chancel to be made just wind- and weathertight, and includes putting the fabric and structure of the chancel into good repair. It does not extend, however, to the cost of decorations or furnishings. The amount recoverable in any particular case will depend on a variety of factors, including the way in which the liability arose, the number of landowners identified as having a liability, and their ability to meet that liability.
