In this FAQ guide, we look at the Chancel Check.
Question: What is a chancel check?
Answer: Chancel repair liability (CRL) is a long-standing and legally enforceable liability to repair – or to contribute to the cost of repair of – the chancel (usually the easternmost part) of a parish church.
Chancel Repair Liability
Question: What is it?
Answer: Chancel repair liability (CRL) is a long-standing and legally enforceable liability to repair – or to contribute to the cost of repair of – the chancel (usually the easternmost part) of a parish church.
Question: What is the liability based upon?
Answer: The liability is based upon the powers of Parish Churches from medieval times. Chancel repair liability is a medieval anomaly that granted Parish Churches powers to charge landowners for the upkeep of the chancel of the church.
Question: What is the liability legally based upon?
Answer: The Chancel Repairs Act 1932
Question: What is the Church of England's website
Answer: Church of England
Question: The National Archives' Website
Answer: The National Archives Website
Question: What reports do we offer for a chancel check?
Answer: 1) Chancel Check - Screening report for a specific property.
2) Chancel Check Premium - Screening report designed for use where the property radius exceeds 25 metres. Usually can be used for commercials or neighbouring properties, for example, but check with CS if it includes more than 1 property.
Result of Search
Question: Certificate (green) = no liability
Answer: If the area of land selected falls within a parish that does not have the ability to claim for chancel repair liability, the search will be returned as a Certificate.
Question: Report (red) = potential liability
Answer: If the area of land selected falls within a parish that can claim for chancel repair liability, a potential liability will be returned, and the search will come back as a Report.
Insurance/ Policy
Question: Client is asking about insurance/policy, what do I do?
Answer: Direct them to CLS as we do not offer insurance - number is 01732 753910
Question: Does it matter when the policy is taken out? i.e., before or after completion?
Answer: No. Most people put it in place beforehand, but they're best off speaking to CLS - D&D insurances can not be offered on a Chancel Report (they have liability), CLS (will offer insurance at any stage)
Question: What if the client is unsure of the next steps?
Answer: The next steps are to either obtain a full chancel check search or obtain insurance to cover themselves if there is a claim
Commercial/ Residential
Question: Are there separate reports for commercial and resis?
Answer: No
Question: For which properties is the Chancel Check applicable?
Answer: Any commercial/residential property where the property radius from the identified address point is 25 metres or less.
Question: For which properties is the Chancel Check Premium applicable?
Answer: Any commercial/residential property where the property radius from the identified address point is more than 25 metres.
Queries
Question: If a purchaser pulls out of the transaction, can the chancelcheck be used by the new purchaser?
Answer: Yes, as long as the initial purchase didn't go through you can use the same report, as the liability would transfer to the new buyer if chancel repairs are required. Up to 12 months
Question: How long do the chancelcheck reports last for?
Answer: Result is valid up to 12 months
Question: What specific Parish or Church does the liability relate to?
Answer: Our screening report does not include this information - only whether the property is within a liable area or not.
Question: Where is the relevant parish name?
Answer: ChancelCheck® does not publish the relevant parish name to deter contacting the Church. Doing so will put the Church on notice of a potential liability and may lead to negating insurance cover.
Question: Does anywhere provide a full Chancel Check search that would include specifics?
Answer: Full Chancel Check Search through Nick Barratt at Sticks Research Agency, his email address is nickdavidbarratt@gmail.com
Question: What is the liability legally based upon?
Answer: The Chancel Repairs Act 1932
Question: Can a ChancelCheck(R) Screening Report cover several adjacent addresses/properties in one search?
Answer: Use info on CCK and CCP in template emails. CCK is for single dwellings only, so the client would need a CCP; however can advise if a warranty is required for all properties, they may prefer separate CCK reports