Understanding the Chancel Repair (Church Commissioners’ Liability) Measure 2025

In April 2025, a new legislative measure was introduced affecting the Church of England’s responsibilities regarding chancel repairs. This measure, known as the Chancel Repair (Church Commissioners’ Liability) Measure 2025, redefines how liabilities for chancel repairs are managed, focusing on the Church Commissioners’ obligations.

Key Points of the Measure:

1. Existing Liabilities:

   • Previously, the Church Commissioners’ responsibilities for repairing church chancels often existed as interests in land or contractual obligations. With the new measure, these liabilities are transformed into statutory duties. This means that any existing agreements or land registry entries concerning such liabilities cease to be effective, and the Commissioners are now bound by a statutory duty to carry out these repairs.

2. Statutory Liabilities:

   • The measure maintains existing statutory liabilities under several historical Acts. This ensures that obligations, even if the land changes hands, remain enforceable against the Church Commissioners.

3. Future Liabilities:

   • When the Church Commissioners acquire land with existing chancel repair obligations, these obligations immediately become statutory duties rather than interests in the land. This shift simplifies the legal landscape surrounding new land acquisitions.

4. Cathedral Liabilities:

   • For cathedrals, any chancel repair liabilities that existed before this measure are transferred from the cathedral chapters to the Church Commissioners, aligning them with the new statutory framework.

5. Supplementary Matters:

   • The measure is enforceable under the Chancel Repairs Act 1932. Disputes over the extent of liability will be resolved through arbitration, with the Royal Institution of Chartered Surveyors playing a role in arbitrator appointments.

6. Implementation and Scope:

   • The measure applies across England, excluding the Channel Islands and the Isle of Man. Different sections of the measure will come into force at times specified by the Church Commissioners, allowing for a phased implementation.

In summary, the 2025 Measure modernizes and consolidates the Church Commissioners’ responsibilities for chancel repairs, ensuring clarity and consistency in how these obligations are managed across England. This shift from land-based interests to statutory duties aims to streamline the repair process while preserving historical obligations.