Law commission proposes clarity for homebuyers

Plans to end uncertainty over historical church repair obligations that add millions to property transaction costs have been unveiled by the Law Commission. The proposals would clarify that chancel repair liability (CRL) - an historical and little-known obligation to pay for repairs to part of a parish church - only affects property buyers if it's registered against the property title. For decades, homebuyers have faced additional costs for searches and insurance against potential chancel repair liability, typically adding £30-£40 per transaction. While individual costs seem modest, they cumulatively add millions of pounds to property transactions across England and Wales each year.

The reforms would amend the Land Registration Act 2002 to confirm what was widely understood to be the case since October 2013 - that purchasers of registered land are only bound by chancel repair liability if it appears on the property title. Sir Peter Fraser, Chair of the Law Commission, said "These proposals aim to deliver the certainty that was intended when the land registration rules changed in 2013. By clarifying the law, the aim is to reduce unnecessary costs for those who buy land such as homebuyers, while ensuring the rules work as Parliament expected."

Issues around Chancel Repair Liability have been highlighted in high-profile cases like that of Mr and Mrs Wallbank, who were pursued for nearly £187,000 in chancel repairs plus £250,000 in legal costs. Their case highlighted the potential impact of this liability on modern homeowners. The consultation also examines the scope of chancel repair liability in Wales, which appears to have been significantly reduced by the Welsh Church Act 1914. The Law Commission is inviting views from anyone affected by chancel repair liability, with the consultation running until 15 November 2025.

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