The faculty jurisdiction - what is it?

A faculty is a licence from the diocesan consistory court authorising work in a Church of England church or churchyard. No alterations, additions, removals or repairs may be carried out to the fabric, ornaments or furniture without a faculty.

All work is subject to the faculty jurisdiction, except for minor items included in the list issued by the Chancellor of each diocese on work that may be undertaken without a faculty.

Each diocese has a Diocesan Advisory Committee for the care of churches. If your parish is planning work, first contact your Diocesan Advisory Committee (DAC) a body with a wide range of expertise in church buildings. The DAC will generally be willing to send a delegation to a church to talk through proposals, and assist in the development of a scheme. Where a scheme is significant parishes should draw up a Statement of Significance and Needs and consult national bodies such as English Heritage.

The Church Buildings Council offers guidance to parishes, Dioceses, or Chancellors, and should be consulted on applications involving objects of particular artistic, historic, archaeological or architectural interest of their settings.

Early consultation and discussion should simplify the process once the formal proposals are made. At that stage a fully documented proposal is sent to the DAC; the DAC issues a certificate, and the parish displays a public notice giving local people and others the opportunity to make representations. The minister and churchwardens then complete and send the faculty petition with the documentation to the Diocesan Registrar. Petitions are considered either by the archdeacon, for matters such as minor repairs, or the Chancellor, the judge of the consistory court. Where a matter is complex, or there are objections, the Chancellor may hold a hearing of the court before making a decision.

The consistory court can use powers of enforcement if work is carried out without faculty or does not meet any conditions laid down.

Details of how to obtain the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and the Faculty Jurisdiction Rules 2000 can be seen here.

Like all Church of England legislation, the Measure has been agreed by Parliament and has the full force of law. The faculty system thus covers the works dealt with by the secular controls over listed buildings and ancient monuments, and works to church buildings do not need listed building consent. (This is known as the 'ecclesiastical exemption'!) However churches are subject to other controls such as planning permission or Building Regulations in the same way as any other building.

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