Leases & Licences

Churches and churchyards are subject to the faculty jurisdiction, governed by the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, and the Faculty Jurisdiction Rules 2015 (as amended). As a result, the grant of any rights over the churchyard or the church itself will require a faculty.

The incumbent and PCC may not sell or otherwise permanently dispose of the church or churchyard except as authorised by s68 of the Mission and Pastoral Measure 2011, which allows a lease of part only of the property to be granted provided that the primary use of the church remains public worship. A lease or other permitted disposition, such as the grant of an easement, imposition of covenants or the grant of a licence over the churchyard property may not be granted unless a faculty authorising the deed or agreement has first been granted by the diocesan Chancellor.

Leases of parts of church buildings or churchyards do not attract security of tenure in favour of the tenant, this being excluded by s68(9) of the 2011 Measure, provided that a faculty has been granted to authorise the lease.

In relation to any disposition such as a lease or licence, the Chancellor will normally wish to be satisfied that the terms are the best reasonably obtainable. This will normally be confirmed by written advice from a surveyor or other designated advisor applying the requirements of the Charities Act 2011 as amended by the Charities Act 2022. The Chancellor will also wish to see a PCC resolution approving the proposed disposition, and will want to be satisfied that the incumbent and PCC have taken legal advice on the terms of any lease or other deed or licence.

One particular type of licence is that for the installation and use of telecommunications antennae, often in the tower or spire of a church. Note that this type of installation may be subject to the provisions of the Electronic Communications Code (see Sch 3A to the Communications Act 2003 and Sch 1 to the Digital Economy Act 2017 ) which affects licence fees on any review, and may also possibly confer a type of security of tenure on the licensee if they are a ‘Code Operator’ registered with Ofcom.

In London other common licences are those for:

• scaffolding to be erected on church property to enable maintenance or development work on neighbouring property;
• filming on church property for documentary or fictional programmes. 

These licences are generally granted under delegated authority from the Chancellor, but it is important to ensure that the parish concerned derives the best value reasonably available for these licences, and parishes are encouraged to take advice on valuation issues. Clergy should be aware of the provisions of Canons F15 and F16 when considering licences for filming, in particular that the church should not be profaned