Faculty Procedures

last updated on: 16th Apr 2012

Advice and guidance on how to apply for a DAC Certificate ahead of making an application to the Diocesan Registrar for a Faculty from the Chancellor for works to: -

1. A church or the churchyard - but NOT Trees - for works to trees, please see the page entitled Trees in Churchyards

2. The Memorials / pathways in the consecrated sections of local authority cemetries

Many of our churches and churchyards (and sometimes individual memorials within them) are listed and so The Church of England has to follow procedures similar to the secular process for obtaining Listed Building Consent. For all churches (both listed and unlisted) a Faculty (permission) is normally required for all repairs, alterations or additions to churches, their contents and the churchyards and land belong to them.

To find out whether a Faculty or Minor Works permission is required, PCC’s and borough/parish/town councils should first consult the Minor Works List, which is on the Minor Works page. If there is any doubt as to whether a Faculty or Minor Works permission is needed, then the DAC Secretary should be consulted before any work is started.

Faculty permission provides the PCC not only with authority to undertake work but also with protection in the event of any subsequent objections to work that has been done. Work undertaken without a Faculty leaves the PCC exposed to the possibility of not only subsequent objections to the Chancellor but also to an order from the Chancellor to re-instate what has been changed at the PCC's expense. Faculties are granted by the Chancellor of the Diocese, who is the judge of the Consistory Court. In deciding whether or not to grant a Faculty, the Chancellor takes advice from a variety of bodies including the Diocesan Advisory Committee (DAC): - the DAC does not grant Faculties; it only advises.

The Faculty process seeks to answer the following three questions: -

'(1) Have the petitioners proved a necissity for some or all of the proposed works, either because they are necessary for the pastoral well-being of {the church} or for some other compelling reason?

(2) Will some or all of the works adversely affect the character of the church as a building of special architectural and historical interest?

(3) If the answer to question (2) is yes, then is the necessity proved by the petitioners such that in the exercise of the court's discretion a faculty should be granted for some or all of the works?'

The DAC's task is to advise the Chancellor on whether the application meets these criteria. For further information, please download the relevant documents below. The DAC has produced a guidance note of the information that should be included in the architect's specification.

As of 2 September 2011, the application form for applying for a DAC Certificate has been amended to the use the Faculty Petition form. If a PCC applies for advice from the DAC and the Committee is willing to issue a Certificate without further information, the Certificate will not be issued until the completed Faculty Petition form has been received. All the papers submitted by the PCC will then be sent to the Diocesan Registrar. The PCC will then only need to display the Public Notices for 28 days and then submit the complete Public Notice form to the Diocesan Registrar.

Before applying, PCCs should read the following documents: -

1. The Faculty Process - A DAC Guidance Note on how the process operates
2. Dates of DAC meetings and Agenda closing dates for the submission of applications
3. Architect's specification - What the DAC expects to see in an Architect's specification
4. Advice and Certificate (Fabric) Application - What documents to submit for various applications
5. Questions and Answers on the Faculty process
6. Useful Addresses - of people it may be helpful to contact

A. Seeking Advice from the DAC: -

1. Advice (Fabric) Application Form in  Word or  pdf format
2. Advice (Fabric) Application Form Checklist in Word format or  pdf format
3. Guidance Note on completing the application form

B. Seeking a Certificate from the DAC: -

1. Certificate (Fabric) Application Form in Word or  pdf format
2. Guidance Note on completing the Faculty Petition form

C. General guidance documents: -

1. Conservators Reports - Guidance on the information that should be included by the Church Buildings Council (CBC)
2. Options Appraisal - An Exemplar
3. Statements of Significance and Need - Guidance on writing them by the Church Buildings Council (CBC)