Faculties

Changes in churches and churchyards of the Church of England may require a “faculty” or other permission under the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and under the detailed provisions contained in the Faculty Jurisdiction Rules 2015.

Churches which are listed buildings are generally exempt from the requirement to get listed building consent (an exception is when the works relate to the outside of the building) but a faculty will be required if the works involve changes which are more than minor (those sets out in Lists A and B to the Rules). The person making the decision is the judge of the Consistory Court, called the Chancellor (or the Vicar-General in the Diocese of Canterbury).

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We are able to help parishes to apply for faculties, or help those with a stake in the church to oppose them when the work would be damaging. In addition we are able to draft licence agreements, deeds of grant and leases which accord with the statutory and canonical framework for the occupation and use of consecrated buildings, including for car parks, nurseries and community services which allow for a wider use of a church building. Off the shelf documents are unlikely to help when dealing with land or buildings falling within the faculty jurisdiction. Contact us to see how we can help.