Chancel repair – is it time to reform or even abolish this arbitrary and antiquated law?
Head of Real Estate, Mark Hurst, has authored an article for The Times examining a 500-year-old law still in use today, which leaves landowners liable for repairs to the chancel area of a church.
Chancel repair liability arose following Henry VIII’s dissolution of the monasteries in the 16th century. The law, which still applies today, means any parties purchasing a residential or commercial property are at risk of being liable for certain repairs to the local parish church, “costing landowners millions of pounds each year”.
Property lawyers acting on a purchase on behalf of clients can carry out a chancel repair liability search to determine if the property could be liable. Property owners will then need to purchase chancel repair liability insurance to ensure they’re covered in the event of a claim from neighbouring churches.
A consultation on chancel repair liability and registration has been launched by The Law Commission. While this is welcome news, Mark questions whether abolishing the law altogether makes more sense, writing: “Few want to take the risk of being liable for chancel repairs. Hence this arbitrary and antiquated law should at the very least be reformed, but preferably abolished.”
Subscribers to The Times can read Mark’s full article here:
- A 16th-century law still exposes homeowners to unfair bills, The Times, 24 September 2025
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