Faculty Jurisdiction

A Faculty is a permission granted by the Consistory Court of the Diocese for work to be carried out to consecrated buildings and land, which will usually include the church and churchyard and fixtures, fittings and furnishings.

The jurisdiction is normally exercised by the Chancellor of the Diocese, or in the case of some specified matters, by the appropriate Archdeacon.

Faculty applications are governed by the Faculty Jurisdiction Rules 2015 (“FJR 2015”), as amended by the Faculty Jurisdiction (Amendment) Rules 2019 . Further minor amendments were made by the  Faculty Jurisdiction (Amendment) Rules 2022 and 2023.

The intention of the FJR 2015, as amended in 2019, is to require applicants to provide full information to the Diocesan Advisory Committee (DAC) right at the start of the faculty process, including the responses to consultations with any relevant Amenity Societies and other interested parties.  This helps to speed up applications and ensure they run as smoothly as possible.

Help with your application is of course available from the DAC and from the Diocesan Registry Clerk if the application has already been submitted to the Registry.

General

A faculty is required for any work affecting consecrated land or buildings, including:

• Repairs to consecrated buildings and land, fixtures, fittings and furnishings
• Alterations or additions
• Sales or other disposals of consecrated land or chattels (including arrangements for loans and leases) (It is worth noting that if property is sold without a faculty having first been obtained, the buyer will not obtain a good title to the property sold.)

In most cases the faculty jurisdiction is exercised by the Chancellor of the Diocese. In determining an application for a faculty the Chancellor will have regard to advice from the DAC and any specialist contractors or architects.

The DAC reviews all faculty applications, and consists of a number of experienced advisors with wide ranging expertise on church buildings and furnishings. Members include the Archdeacons, several other clergy, architects and other specialists and a representative from English Heritage. The committee can call upon additional expert advice where necessary. The DAC meets regularly, usually monthly, to consider faculty applications. The functions of the DAC are set out formally in the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

Complaint against Chancellor

If you feel that a faculty application has not been dealt with by the Chancellor of the Diocese in an appropriate manner (e.g. because of excessive delay, or discourtesy) there is a procedure for making a complaint at Complaints against Chancellors – Scheme.

This procedure should not be used for appeals against a Chancellor’s decision on a faculty petition. If you wish to appeal a faculty judgement please contact the Diocesan Registrar for advice.