Tuesday, 29 April 2014

Compounding Chancel Repair update

Minor update

I have discovered that some parishes have used a multiplier of 20 years coming up with a compounding figure. The issue of partial compounding over enclosure land is uncertain because it has never been tested in court whether this is correct but it has been the practice for many years.

Monday, 14 April 2014

Compounding Chancel Repair Liability

I am frequently asked questions about compounding chancel repair liability or paying the PCC off to remove the liability under the 1923 Ecclesiastical Dilapidations Measure.
What is in the public domain is the Church Commissioners  default calculation  to compound the liability but prior to reaching there it seems to make it clear that if a  PCC and the landowner(s) come to a reasonable agreement there would be no need for it to be sent to the church commissioners.  As long as the Diocesan Board of Finance was happy the setting of a figure could come about by negotiation between all the parties.

How Much Money?

The method of calculation is complicated and  dependent on the state of the chancel but there is one figure that is in the public domain and that is Aston Cantlow at the cost of £36,500 for an entire chancel in good condition. From what I have read this figure was arrived at by being sent to the Church Commissioners and so it is reasonable to assume that this could be near the compounding figure for an average chancel in good condition. I have heard of two other figures being bandied around for other chancels one of £40,000 and another for a small chancel with a compounding figure of £25,000.
The vast majority of landowners will be responsible for part of chancel either by a fair division of the liability over enclosure land or by the apportionment by the 1936 tithe act. Although some writers say a partial removal  is  not possible it is actually quite possible but needs to be done through the official channels.

The Power of the PCC

One concerning issue is that although the power resides in the diocesan authority which is probably the Diocesan Board of Finance the PCC could end up misusing it's power and position. I have to hope and pray that each PCC that has chosen to go the way of compounding has acted fairly, with integrity and entered into a spirit of mediation with the relevant landowners.

Tuesday, 1 April 2014

Humbleton Chancel Repair Liability -Revoked

I have heard through twitter and e-mail that this liability has now been withdrawn by the PCC. The Statement  From York Diocese is

 In October 2013, the PCC of Humbleton with Elstronwick registered the properties in the parish which were legally responsible for Chancel Repair Liability (CRL), and informed the Land Registry.  This was in response to a deadline set by the Government, which encouraged all Church Councils to register their CRL before 13 October 2013.  The decision to do this was made because the PCC are trustees of the church with a responsibility to care for it for generations to come, and they felt it was important to register their assets and keep their options open.

However, on 31 March 2014 the PCC of unanimously resolved to revoke the registration of Chancel Repair Liability on land in the parish. This decision was made for pastoral reasons and for the goodwill of the residents of the parish