Short Summary of the Faculty Jurisdiction
The Faculty Jurisdiction is the Church of England's mechanism for regulating changes to its church buildings, their contents and churchyards. It aims to ensure that churches, and everything which belongs to them, are properly cared for, and that whatever is done to them is properly considered beforehand and carried out in the best possible way. The system recognises that churches are living buildings, many of which are of great historic significance but all of which exist for the worship of God and the mission of His Church.
"The task of the ecclesiastical courts in exercising the faculty jurisdiction is to ensure that the sacred uses are protected, that the parishioners are duly consulted and that the wider aesthetic interests of the public are considered, but remembering always that a church is a place of worship and mission, not a museum." (G.H. Newsom & G.L. Newsom, "Faculty Jurisdiction of the Church of England" (London: Sweet & Maxwell, 1993), pp.10-11)
The Faculty Jurisdiction system covers all parish churches, whether listed or not, and predates secular listed building and scheduled monument controls. It is because of the comprehensive nature of this system, that the Church of England churches under the Faculty Jurisdiction are exempt from the secular controls, i.e. the "ecclesiastical exemption". This exemption does not apply to planning and building controls, or to Health and Safety and similar legislation.
Any repairs, alterations or extension to a church building or changes to its contents or churchyard require a faculty, that is a licence authorising the work. The only exceptions to this rule are minor works specified by each individual diocese as not requiring faculty.
The requirement to obtain a faculty before undertaking any kind of works is a legal obligation and there are significant powers to deal with breaches, e.g. even extending to the demolition of a new church hall built without faculty permission.
The Process
The process is enshrined in the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and subsequent Rules. It consists of two key formal stages around which a number of consultation rounds, both formal and informal, will take place. The first stage consists of seeking advice from the Diocesan Advisory Committee (DAC) and the second involves obtaining a faculty from the Chancellor of the diocesan court (‘consistory court'). (For some categories of work, the archdeacon is empowered to grant a faculty, although this does not extend to works which would affect the character of the building. Your DAC or Registrar will be able to advise you.) If compared to the secular planning system, the DAC's function is roughly comparable to that of a Planning Officer, while the Chancellor's role can be equated with that of a Planning Committee.
Stage 1: Consultations with the DAC
The first stage of the process of applying for a faculty is consulting the DAC. The role of the DAC is to give advice at diocesan level, especially to parishes, the chancellor and the archdeacons, in relation to church buildings, their contents, their churchyards and other lands. Between them, the members of the DAC have expertise in architecture, archaeology, art and history as well as knowledge of conservation matters, the history and use of church buildings and the liturgy and worship of the Church of England.
Parishes are encouraged to undertake informal discussions with the DAC prior to the formal stage to enable any obvious concerns to be addressed early on. These discussions can also include wider stakeholding bodies such as the Church Buildings Council, English Heritage, the National Amenity Societies and the general public.
Once the DAC has considered the proposal formally, it will issue a certificate which either recommends the scheme, does so with conditions, or not. While it is possible to petition for a faculty without a DAC recommendation, an unfavourable DAC view is likely to diminish the prospects of obtaining a faculty.
Stage 2: Obtaining a Faculty
The second stage of the process involves the application for a faculty. This includes an opportunity for the public and others to make representations. The PCC submits its petition to the diocesan Registrar - who acts as the clerk to the Chancellor and/or archdeacons who will determine whether a faculty should be granted. The petition must be accompanied by information about the proposals (plans, specifications etc.), at a level of detail which is often greater than for equivalent planning permission.
Generally speaking, in cases works affecting the character of listed churches of special architectural or historical interest or where the proposals involve any element of demolition, the chancellor will direct that English Heritage, the statutory National Amenity Societies and the Church Buildings Council should be notified, if they have not already commented. Proposals which are opposed or particular complex may require a consistory court hearing where all parties can present their views. Once all information is in hand, the chancellor/archdeacon will decide whether or not to award a faculty. If a faculty is granted the petitioner must carry out the authorised works according to any conditions in the faculty and notify the registrar of the completion of the works.
There are special procedures for applications which are urgent for health and safety resaons which can facilitate an early start of the works. However, because of the legal requirement of a faculty it is important that the archdeacon or registrar should be contacted as soon as possible.
In some cases, this process will also run in parallel with secular building controls.
November 2007 & June 2008
Further Information
Your DAC Secretary will be able to advise you on the faculty process. The contact details for all DAC Secretaries can be found here.
Making Changes to a Listed Church. Guidelines for Clergy, Churchwardens and Parochial Church Councils (1999) is a useful booklet from the Rule Committee of the General Synod and provides information on the legal responsibilites for listed churches.
