THE FACULTY JURISDICTION
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All consecrated buildings and burial grounds are subject to the jurisdiction of the Diocesan Bishop. Apart from certain minor matters, no alterations may be made to a consecrated building or burial ground without the authority of a permission called a Faculty. The Bishop does not exercise this jurisdiction personally, but through the Chancellor of the Diocese, who is one of the two legal officers of the diocese, the other being the Diocesan Registrar.
Thus, for example, where a Parochial Church Council wishes to make a change to a church building, such as the introduction of a new stained glass window, or the removal of old pews, an application must be made for a Faculty to authorise the work.
Most of the Anglican church buildings in England are listed buildings, that is to say, the local authorities concerned have listed them as being of architectural or historic interest. The consequence of the listing is that where a secular building is listed, it is necessary to obtain Listed Building Consent from the local planning authority before any alterations can be made.
However, Anglican churches in use are exempt from the requirement for Listed Building Consent, because of the control which the Church of England exercises through the Faculty Jurisdiction. This is known as the "ecclesiastical exemption", but it does not exempt a Parochial Church Council from the need to apply also for Planning Permission and/or Building Regulations Approval in a case where Planning Permission and/or Building Regulations Approval would normally be required, for example, in relation to the proposed extension of a church building.
Any memorial or other structure on land within the curtilage of a consecrated church is also subject to the Faculty Jurisdiction (whether the land is consecrated or not), unless the memorial or other structure is itself listed, in which case an application must be made to the planning authority for Listed Building Consent to authorise the alteration or removal of it.
Faculty Jurisdiction Rules 2013
The Faculty Jurisdiction Rules 2013 have introduced new faculty forms and procedures with effect from 1 January 2014. Amongst the many changes, the most important are:
- A new form of certificate will be issued by the Diocesan Advisory Committee (DAC): Diocesan Advisory Committee Notification of Advice (Form 2). As with the previous form of certificate, this is not an authority to carry out works, but the DAC's advice to the Chancellor of the Diocese. Where a Faculty Petition is lodged in the Diocesan Registry after the coming into effect of the 2013 Rules, a certificate issued by the DAC under the former Rules prior to 1 January 2014 will be acceptable. It will not be necessary in such case for the DAC to re-issue a certificate in the new form.
- There is a new form of Faculty Petition (Form 3A). Where a petition form has been sent to petitioners for completion prior to 1 January 2014, but the petition has not been lodged in the Diocesan before 1 January 2014, the petitioners should ask the Diocesan Registrar or DAC Secretary for a copy of the new form of petition.
- The 2013 Rules require that from 1 January 2014 details of every petition lodged should be published on a diocesan web site, giving in each case the date by which objections must be notified to the Diocesan Registrar. This provision applies in the case of all Grade I and II* churches and in the case of works which involve demolition affecting the exterior of an unlisted building in a conservation area. It is therefore very important that, immediately a public notice is put on display at the church, a copy of the notice, as displayed, is sent to the Registrar together with the petition (if not already sent), so that the Registrar can enter the details on the web site.
Pending Faculty Petitions
Rule 8.9 of The Faculty Jurisdiction Rules 2013 provides that, from 1 January 2014 notice of all new Faculty Petitions relating to Grade I and Grade II* listed buildings should be published on a diocesan web site. Please use the link below for a list of all current Faculty Petitions (other than petitions for exhumation) lodged since 1 January 2014. Only those marked Grade I or Grade II* are subject to Rule 8.9.
List of current pending Faculty Petitions
Faculty Forms
The forms prescribed by the Faculty Jurisdiction Rules 2013 are as follows:
| No. | Form |
|---|---|
| 1A | Standard Information (parish churches etc.) |
| 1B | Standard Information (buildings included in list under Care of Places of Worship Measure 1999) |
| 2 | Diocesan Advisory Committee Notification of Advice |
| 3 | Petition for Faculty (proceedings started pursuant to resolution of Parochial Church Council) |
| 3B | Petition for Faculty (building included in list under Care of Places of Worship Measure 1999) |
| 4A | Public Notice (general form) |
| 4B | Public Notice (building included in list under Care of Places of Worship Measure 1999) |
| 5 | Particulars of objection to petition for faculty |
| 6 | Faculty |
| 7 | Certificate of practical completion of works authorised by faculty |
| 8 | Licence for temporary minor re-ordering |
| 9 | Notice on expiry of licence for temporary minor re-ordering |
| 10 | Notification by registrar for register of petitions |
| 11 | Request for advice from Church Buildings Council |
| 12 | Place of safety order (archdeacon of opinion that article should be removed immediately) |
| 13 | Notice inviting representations with a view to making place of safety order |
| 14 | Place of safety order (following consideration of any representations) |
| 15 | Trees: Petition for faculty |
| 16 | Application for injunction or restoration order |
| 17 | Injunction |
| 18 | Restoration order |
| 19 | Interim injunction |
| 20 | Injunction issued of court's own initiative |
| 21 | Restoration order issued of court's own initiative |
The Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and the Faculty Jurisdiction Rules 2013 are Crown copyright and are linked to this site in accordance with the terms of Crown Copyright Policy Guidance issued by HMSO. Printed copies of the Measure and the Rules can be obtained from:
The Stationery Office Ltd.
St Crispins
Duke Street
Norwich
NR3 1PD
Tel: 01603 622211
Email:
solutions@tso.co.uk
Click on the following topics for further information:
Applying for a Faculty
Useful Addresses
Diocesan Advisory Committee
When a Faculty application is contested, and the matter goes before the Consistory Court of the Diocese, additional fees will be payable in respect of the court hearing and the preparation work. Please see:
Notes on Contested Cases
And a booklet prepared by the Ecclesiastical Judges Association:
Guidance on the Award of Costs in Faculty Proceedings
in the Consistory Court
Completion of works authorised by Faculty
Petitioners are reminded to complete and return to the Registrar the Certificate of Completion issued with the Faculty, when the work authorised by the Faculty has been completed. If the Certificate has been mislaid, please email or telephone the Registrar, who will be pleased to send a duplicate copy.
Church Care
For those responsible for the maintenance of church buildings, some useful information can be found at the Church of England's Church Care web site.