Faculty Applications & Advice

The Faculty process is a necessary safeguard to ensure that alterations and repairs to our church buildings are of the highest quality and that important contents are preserved. However, for those involved in making changes to a church it can seem cumbersome.

In 2012 the Archbishops’ Council Faculty Simplification Group commissioned a working party chaired by Mrs Anne Sloman to make recommendations for modernising and streamlining the faculty system. The working party consulted widely with parishes and dioceses on the working of the Faculty system. This provided the basis for practical proposals to speed up and simplify the process for those who operate it.

Legislation Amendments
1) Faculty Jurisdiction Rules 2013
The new Rules came into effect on 1 January 2014. They apply from that date to all cases where a faculty petition has not already been submitted in respect of the works or other proposals in question. There are transitional arrangements so that Faculty applications made under the old Rules will continue to use the old Rules. A full summary of the Rules is set out in the explanatory memorandum which accompanied the Rules when they were laid before the General Synod.

A significant new aspect of the rules is the requirement to submit a standard information form (Form 1A in most cases). This replaces the old Advice Application form and will only need to be reproduced should any of the information change.

2) Amendments to the Care of Churches and Ecclesiastical Jurisdiction Measure 1991The provisions of the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (except Section 11 which came into force on Royal Assent) come into force on 1 April 2015. The commencement order, which contains transitional and saving provisions, is available at http://www.legislation.gov.uk/uksi/2015/593/made

An explanatory note to the provisions of the Measure can be found at: http://www.churchcare.co.uk/images/Explanatory_notes_to_CCEJAM.PDF

On 1 January 2016 the new simplified Faculty Jurisdiction Rules 2015 come into force. The full Rules are published at: http://www.legislation.gov.uk/uksi/2015/1568/contents/made

There is a new national ‘A List’ of works which can be carried out on your church without a Faculty. This replaces all Diocesan De Minimus and Minor Works lists. The A List can be found in Schedule I, Table 1 of the Faculty Jurisdiction Rules 2015. 

There is a new national ‘B List’ of works which can be carried out once the written permission of the Archdeacon has been obtained. Most of these will be repairs and routine maintenance or small works identified in the QI report. The Archdeacon must consult the DAC (usually via the Secretary) for informed informal advice, but this should be a speedy and simple process enabling parishes to get on with the work without delay. The Archdeacon may set conditions on the way the works are carried out. The B List can be found in Schedule I, Table 2 of the Faculty Jurisdiction Rules 2015. 

The new Rules include new forms to apply for a faculty (which are included in the online faculty system). These are available online https://facultyonline.churchofengland.org/forms.  To help you work with the new Lists A and B there is a list of Frequently Asked Questions: http://www.churchcare.co.uk/images/New_Rules_Q_and_As.pdf

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