Diocese of Chichester

Dr Emma Arbuthnot, Senior Church Buildings & Pastoral Reorganisation Officer, gives an update on Legislative Changes and the Online Faculty System

Last year General Synod approved further changes to the faculty rules. Although the 2015 Faculty Jurisdiction Rules were introduced at the beginning of 2016 to simplify the faculty process, the central Church of England initiated a consultation in 2018 with parishes, DACs, and other interested parties, and asked them to propose amendments to the legislation that would make life easier, particularly in relation to Lists A and B. As a result of that consultation, the Faculty Jurisdiction (Amendment) Rules 2019 were drafted and approved.

The revised Rules, which include expanded versions of List A and List B, will come into effect on 1 April 2020. Whilst major works will still require a faculty, it will be possible to carry out a wider range of works under Lists A and B. For example, it will be possible to replace a boiler under List A, so long as it is in the same location and uses the same fuel supply and pipe runs. Under ListB, it will be possible to install CCTV for security purposes, remove asbestos, refurbish catering facilities, and carry out like-for-like repairs to pipe organs. The changes will particularly benefit parishes with unlisted buildings, as it will be possible for them to carry out more extensive works under List B including, for example, the introduction of AV equipment.

The revised legislation also includes a change to the way in which consultations with statutory consultees are handled; from April, the DAC will be unable to consider applications for Formal advice until the relevant consultees have had an opportunity to offer their views.

Both the current Rules and the forthcoming Faculty Jurisdiction (Amendment) Rules 2019, including the revised Lists A and B, are available to download from the ‘Resources and Useful Links’ page of the Church Buildings section of the diocesan website. Parishes planning to apply for permissions this spring are encouraged to familiarise themselves with the new lists and to get in touch with the Church Buildings team if it would be helpful to discuss the level of permission needed and whether it may be advantageous to wait until after the new legislation comes into effect on 1^st April.

The Introduction of the Online Faculty System

The DAC and Church Buildings Team have been working towards the introduction of the Online Faculty System. The OFS is an online system that was developed by the central Church of England in order to facilitate the processing List B and faculty applications. The advantages of the OFS are that it cuts down on printing, reduces postage costs for the parish and the diocese, and allows parishes to log on and follow the progress of the application. Over time, it will also create an online archive of works carried out, which will form part of the parish’s records.

In the Diocese of Chichester, it is currently possible to log List A works (so that the parish has an online record) and parishes are encouraged to submit List B applications through the Online Faculty System (although we do still accept email or postal applications). However, it is not yet possible to apply for a faculty as the Online Faculty System is being rebuilt to accommodate the legislative changes outlined above and it was felt that it would be best to wait for it to be relaunched before opening it up for faculty applications. We are hoping to be in a position to fully move over to the Online Faculty System in April and will be encouraging parishes to register and begin to use it to make applications. However, for parishes that prefer to submit paper applications, the Church Buildings team will continue to accept paper applications and will upload the application on behalf of the parish. Some training will be offered later in the spring and dates and venues will be circulated by email.

What is a faculty?

A faculty granted by the consistory court of the diocese is required before any alterations, additions or repairs are carried out to the fabric, fixtures or fittings of a church. A faculty is also required for the introduction, repair or disposal (including sale) of any plate, pictures, ornaments or other moveable goods of a church. Any secular use of a church may need to be authorised by faculty (such as filming) The faculty jurisdiction also applies to the churchyard so that a faculty is required for putting up a building or other structure on the churchyard, the introduction of a monument, the exhumation of human remains or the reservation of a grave space. Churchyard trees are also subject to the faculty jurisdiction.

However, certain matters can be undertaken without a faculty if they come within the national "Lists A and B" of works (please note List B matters require the Archdeacon's written permission). Another exception relates to monuments in churchyards which can be introduced with the permission of the minister provided that the monument complies with the diocesan churchyard regulations. If you are in any doubt about whether a particular proposal requires a faculty you should seek advice from the diocesan registry.