Dealings with Ecclesiastical Land

Q. Do you have a list of former parsonages or churches that are for sale?
A. The Church Commissioners maintain a list of redundant churches that are for sale. There is no similar list of former parsonages that are for sale and for these you should contact the diocesan office of the diocese in which the property is located.

Q. What information do the Church Commissioners need when considering whether to approve a proposed addition to a churchyard under the New Parishes Measure 1943?
A. The Commissioners' requirements are listed in the annex to their note CC/NPM/ACQUISITION dated January 2006. Any queries should be directed to the Commissioners' Pastoral Division at pastoral@c-of-e.org.uk (tel: +44 (0)20 7898 1000).

Q. Where may I find guidance and forms relating to disposals under section 17 of the New Parishes Measure 1943?

A. Here are General Notes on such disposals, along with a suggested form of transfer, and Notes on the suggested form of transfer.

Q. Where may I find forms relating to acquisitions of land under section 13 of the New Parishes Measure 1943?

A. Here are a suggested form of transfer of land to vest in an incumbent and Notes on that suggested form of transfer.  Here, too, are a suggested form of transfer of land to vest in a diocesan authority and Notes on that suggested form of transfer.

Q. Do you have a register indicating liability for chancel repairs?
A. Neither the Church Commissioners nor the Legal Office is a central authority in chancel repair matters. Enquirers wishing to ascertain liability arising from former tithe rent-charge should be advised to inspect the records of the former Tithe Redemption Commission at the Public Record Office, Ruskin Avenue, Kew, Richmond, Surrey, TW9 4DU. A preliminary telephone call to the Office (on +44 (0)20 8876 3444) is recommended. Any queries about the Commissioners' own chancel repair liabilities should be directed to the Commissioners' Pastoral Division at pastoral@c-of-e.org.uk (tel: +44 (0)20 7898 1000).

Q. Do you have a copy of an old deed relating to my property? I think it was previously Church property.
A. It is possible that a copy of the deed is held in the Church of England Record Centre, although the Centre will not automatically release details that may have been private contractual matters between the parties at the time. Please contact the Record Centre at 16 Galleywall Road, Bermondsey, London SE16 3PB; tel: +44 (0)20 7898 1000; email: archivist@c-of-e.org.uk.

Q. What is consecrated land? Can the owner of consecrated land do anything with it?
A. Consecrated land is land which has been consecrated for use for sacred purposes. It is subject to the jurisdiction of the Chancellor of the diocese in which it is situated. This means, in particular, that an application for a faculty (permission) to do anything to or on consecrated land must be made to the Chancellor through the diocesan registrar, the solicitor appointed to act for the relevant diocese and its bishop. The legal effects of consecration may be removed from land only by a statutory procedure, normally that prescribed by the Pastoral Measure 1983.

Q. Is there a stamp duty saving or exemption if I buy property from the Church of England?
A. Until the end of November 2003 a stamp duty exemption benefited buyers of some kinds of Church property, for example, parsonages that were no longer required. On 1 December 2003 stamp duty - a tax on documents - was replaced by stamp duty land tax - a tax on transactions. The old exemptions from stamp duty on deeds transferring property out of Church ownership do not apply to stamp duty land tax. Accordingly there is no saving or exemption from stamp duty land tax by virtue of the fact that the property is being acquired from the Church of England.

Q. How do I become an ecclesiastical property lawyer? It sounds such fun!
A. If you have managed to get this far online, you have already demonstrated the patience needed to master the complexities of ecclesiastical property. We recommend you have a look at the second edition of Ecclesiastical Law by Mark Hill (published in 2001 by OUP) and the Ecclesiastical Law Handbook by Lynne Leeder (published in 1997 by Sweet & Maxwell) for further information about ecclesiastical property law and about ecclesiastical law generally.