Law Commission Consultation on Chancel Repair Liability and Registration

See paragraph 8.7 of the consultation paper.

Where consultees have been involved with the acquisition of land after 12 October 2013, we seek information about:

1. whether a notice of chancel repair liability was registered against the property;
2. whether a chancel repair search and/or chancel repair liability insurance was obtained;
3. the costs of any search and/or insurance that was obtained; and
4. if a search was carried out or insurance was obtained, the reason why a search or insurance was thought to be necessary.

Where consultees have been involved with multiple acquisitions of land that have occurred after 12 October 2013 (whether in a professional capacity as a conveyancer or solicitor, or otherwise), we seek information about:

1. the number and percentage of cases in which a chancel repair search was carried out;
2. the number and percentage of cases in which chancel repair liability insurance was taken out following a search;
3. the number and percentage of cases in which chancel repair liability insurance was taken out without a search (called “non-search insurance”); and
4. the average costs of—
   1. a chancel repair search;
   2. insurance following a search; and
   3. non-search insurance.

See paragraph 8.11 of the consultation paper.

We invite consultees to specify whether their answers to the questions in Consultation Question 15 differ in respect to residential and commercial property.

See paragraph 8.12 of the consultation paper.

We invite consultees who own or have had dealings with property affected by chancel repair liability to provide information about:

1. whether they have been called upon to pay for repairs to the chancel of their parish church;
2. whether they knew that they were liable for chancel repair liability prior to being called upon to pay for repairs and, if they did know, through what means (for example, because of a notice on the register at the time the land was acquired);
3. if they have been requested to pay for repairs on multiple occasions, the frequency of these requests;
4. the cost of any repairs for which they have paid; and
5. whether they have ever “bought out” a chancel repair liability under section 52 of the Ecclesiastical Dilapidations Measure 1923, and if so, the amount that was required to compound the liability.

See paragraph 8.16 of the consultation paper.

We invite views from consultees who are solicitors or conveyancers concerning the circumstances in which they might—

1. advise a client who is purchasing registered land to conduct a chancel repair search or to obtain chancel repair liability insurance; or
2. provide information about chancel repair liability insurance or searches to a client.

See paragraph 8.19 of the consultation paper.

We invite consultees in the insurance industry to provide information about:

1. the number of chancel repair liability insurance policies they offer per year;
2. what types of chancel repair liability insurance policy they offer;
3. the average premium for different types of policy; and
4. what factors affect the premium of a policy.

See paragraph 8.20 of the consultation paper.

We invite views from consultees in the insurance industry about how the premium for obtaining chancel repair liability insurance would be affected if purchasers of registered land only seek chancel repair liability insurance where there is a notice of the liability registered against the land.

See paragraph 8.22 of the consultation paper.

We invite views from consultees who are church bodies, including dioceses, the Church Commissioners, parochial church councils and their advisors, concerning the following matters.

1. To what extent have payments made by individuals who were subject to chancel repair liability been an important source of funds for parochial church councils in providing for the maintenance of parish churches, and to what extent are parochial church councils expecting to rely upon these payments in the future?
2. On how many occasions have any parochial church councils claimed a contribution to the costs of repairing the chancel of their parish church from a person who is subject to chancel repair liability, and what sums of money have been claimed?
3. If any parochial church councils have recovered payments under a chancel repair liability, did they need to take enforcement action under the Chancel Repairs Act 1932?
4. Have any parochial church councils registered, or tried to register, a notice relating to chancel repair liability since 13 October 2013?
5. Have any parochial church councils entered a caution against first registration relating to chancel repair liability since 13 October 2013?

See paragraph 8.24 of the consultation paper.

Where consultees have been involved in the acquisition of unregistered land (whether in a professional capacity as a conveyancer or solicitor, or otherwise), we invite them to tell us about:

1. whether the land is or might be subject to chancel repair liability (regardless of whether a claim for payment has been made); and
2. where the land is known to be subject to chancel repair liability, how that has become known (for example, through a caution against first registration or otherwise).

See paragraph 8.25 of the consultation paper.

Where consultees have been involved in the acquisition of unregistered land (whether in a professional capacity as a conveyancer or solicitor, or otherwise), we invite them to tell us the amount paid for:

1. a chancel repair search;
2. insurance following a search; and
3. insurance taken out without a search (called “non-search insurance”).

Where consultees have been involved with multiple acquisitions of unregistered land (whether in a professional capacity as a conveyancer or solicitor, or otherwise), we seek information about:

1. the number and percentage of cases in which a chancel repair search was carried out;
2. the number and percentage of cases in which chancel repair liability insurance was taken out following a search;
3. the number and percentage of cases in which non-search insurance was taken out; and
4. the average costs of—
   1. a chancel repair search;
   2. insurance following a search; and
   3. non-search insurance.