On 15 July 2025, the Law Commission published its Consultation on Chancel repair liability and registration. The Law Commission is consulting on reforms to the law governing land registration and chancel repair liability. This project aims to close a historic loophole and save homeowners millions in insurance costs. Those with an interest in this area of law, or are affected by or have the benefit of a chancel repair liability, are requested to complete the questionnaire.
Extracts from the Press Release are reproduced below.
Problem
Chancel repair liability is an obligation on a landowner to pay for certain repairs to a local church. It has its origins in the feudal system and is rarely enforced, but when it is the liability can be huge. The intention of the Land Registration Act 2002 was that chancel repair liability should not bind purchasers of land after 2013 unless protected on the register. However, since the 2002 Act was brought into force, a question has arisen about the legal status of the liability and whether homeowners are nevertheless bound despite that Act.
As a result, home buyers and land purchasers spend millions each year on searches and insurance to help protect themselves from unexpected costs. The 2002 Act also only governs registered land. Purchasers of unregistered land can still find that they are bound by an unexpected and undiscoverable chancel repair liability.
Project
This project came out of our 13th Programme of Law Reform. The project aims ensure that chancel repair liability does not bind purchasers of land, unless it is registered – and therefore visible – to purchasers.
[…]
We published a consultation paper on 15 July 2025. The consultation paper includes:
- a detailed discussion of the history of chancel repair liability and its legal nature (see Chapters 2 to 4);
- an examination of whether the Land Registration Act 2002 applies as expected to chancel repair liability (see Chapter 5);
- provisional proposals (in Chapter 6) to amend the Land Registration Act 2002 to clarify that:
- it is possible to register a notice relating to a chancel repair liability that affects a registered estate; and
- a purchaser of a registered estate is not bound by a chancel repair liability unless the liability is protected by a notice registered against the estate;
- a discussion of the law governing unregistered land (see Chapter 7);
- provisional proposals (in Chapter 7) to amend the Land Registration Act 2002 to clarify that:
- it is possible to lodge a caution against first registration relating to a chancel repair liability; and
- a chancel repair liability that is not recorded in the register during first registration ceases to bind the newly registered estate; and
- draft legislation that could implement our provisional proposals (see Appendix 3).
Next steps
We are currently conducting a public consultation, following the publication of our consultation paper on 15 July 2025. After the consultation closes on 15 November 2025, we will analyse responses, with a view to publishing a final report with recommendations in 2026.
Documents
Updates
- Consultation opened: 15 July 2025
Contact
- Contact us for more information.
- Email: chancelrepair@lawcommission.gov.uk.
- Post: The Law Commission
1st Floor, Tower
52 Queen Anne’s Gate
London
SW1H 9AG
Comment
On 18 July 2025, Shirani Herbert posted Law Commission scrutinises chancel-repair liability in the Church Times. An Index of the L&RUK posts in this area is now available.
We believe our property had CRL which we took out insurance on 19 years ago. How do we check if this is still relevant?
Check with the insurer.
Some general advice is given at https://www.moneysupermarket.com/home-insurance/chancel-repair-liability/ which suggests that property owners should: check with the Land Registry, consult local historical records, and seek professional advice to check if their property is subject to chancel repair liability.