Applying for a Faculty

In the secular setting, town and city councils have planning regulations to monitor renovations, extensions and major repairs on all buildings. For buildings that are very old or of particular historical significance, those planning regulations are used alongside the Listing System.  Within the Church of England, we have the  Ecclesiastical Exemption (Listed Buildings and Conservation Areas) England Order 2010. This Order is used to monitor work on our churches and protect them for use now, and for future generations. As it works in parallel to the secular system, the Ecclesiastical Exemption Order 2010 gives churches an exemption from: 

• Listed building consent: including separately listed structures within the curtilage (e.g. churchyard walls, railings and monuments) 
• Conservation area consent 

• Building preservation notices 
• Compulsory acquisition of buildings in need of repair 
• Urgent works notices 

Whilst the EEEO 2010 does exempt from the permissions listed above, it is important to note that it does NOT exempt from:  

• Planning permission 

• Dangerous structure notices 
• Advertising consent 
• Buildings regulations 
• Other secular legislation (e.g. Health & safety) 

Operation of the Ecclesiastical Exemption and related planning matters for places of worship in England guidance.  

The EEEO 2010 is important as it recognises that church buildings are places of worship. And it allows us to balance mission, worship, and wider community use, with care and conservation. 

As the Church of England we only have the exemption on the condition that we maintain our own, equivalent, heritage protection system to standards that are at least as stringent as the secular system – this is the Faculty system. The Ecclesiastical exemption for churches has been under threat of removal on more than one occasion, and if it is lost, it would remove the consideration of buildings used for mission and worship. This would greatly alter the way our churches can be adapted and altered, and the type of activities they can be used for.  

Obtaining faculty permission is a legal process 

As secular work needs to adhere to the building regulations and listed buildings legislation, any work on churches must adhere to the Faculty system. It is legal permission, so any work carried out in the absence of a faculty is illegal and is a criminal offence. It is the duty of the incumbent and the churchwardens to obtain the relevant permission before carrying out any alterations to a church building (and often church halls). Any work that is undertaken without a faculty may leave the churchwardens and incumbent liable to both civil and criminal procedures. The PCC would also be in breach of trust and the incumbent may face disciplinary proceedings. Therefore, it is vital that permission is in place before work commences. 

Register on to the Online Faculty System 

In order to log any List A or B matters, or Faculty applications, you must first register for access to the Online Faculty System (OFS) The person submitting the application is the ‘applicant’ but those who are taking the legal responsibility for the application is the ‘petitioner’ – please note that they do not have to be the same person. The petitioner is usually the incumbent or church warden, unless a church is in vacancy or there is a specific reason for it to be someone else. There is space on the online application form to explain this if necessary.  

How to register for the OFS  

Online Faculty System 

List A 

Lists A and B list minor works that may be carried out without a full faculty. They must cost less than £10,000 and have usually been cited in your Quinquennial Report.  

These minor works are most commonly basic repairs and maintenance. No documents are required to be uploaded to the Online Faculty System (OFS) but you do still need to log them on the Online Faculty System so the DAC is aware of the work taking place.

Revision of List A & B Matters for Carbon Net Zero, 2022

Link Detailed guide of how to upload a List A matter  

List B 

Lists A and B list minor works that may be carried out without a full faculty. They must cost less than £10,000 and have usually been cited in your Quinquennial Report.  

These are works that are still minor, but are slightly more involved than a List A e.g. repointing sections of a wall, replacing some fittings, and redecorating a small area. Find out more

Please check the details for work on a listed church. Some works may appear to be minor, but will still need full faculty permission if they are taking place on a listed building or in a conservation area. If you are unsure please contact your Archdeacon or the DAC for guidance.  

List B matters must be given written approval from the Archdeacon before any work can take place. The following documents must be uploaded to the Online Faculty System in order for the Archdeacon to make an informed decision about the work. If any further documents and details are required, either the Archdeacon or DAC secretary will get back to you with details of what they need.  

Please upload in pdf or jpeg format, and no larger than 5MB: 

• A copy of the PCC resolution for the work to be carried out.  

• Report, specification of the work, or letter of support from your architect. 
• Existing and proposed plans or drawings (must be to scale)  
• A letter of approval for the work from your insurance company.  
• A copy of your church maintenance plan (or church hall maintenance plan if the work is to be done on a church hall) Download Maintenance Checklist for Places of Worship.pdf 
• Photos of the area where the work is needed.  

• Details about materials, dimensions, manner of fixings etc. 
• Details of the contractor and copies of their quote.  
• If work is in a churchyard, professional reports on how the work will affect burials, trees, bats, or other protected wildlife. 
• Any other information needed for the intended work.  

Link Detailed guide of how to upload a List B matter  

Full Faculties 

A full faculty is required for work that is not specifically mentioned on the List A or List B matters. Depending on the church, its setting and listing status, this might be for some significant repairs and involved maintenance work, or it might be for a full extension and reordering project. Either way, it is always worth doing your research and checking what permission is needed, as each also has a different timescale for permission to be granted. This timescale must be considered when you are planning your project as it can affect your ability to apply for grants at the correct point in the project, to get the work done in the correct season (eg outside work such as pointing as the weather and temperature affects mortar, anything that will need a survey for bats as they are active/ before they hibernate etc) or for getting contractors on site. The larger the project, the more planning is required! However, there are some simple steps that you can take, that will make applying for a Faculty less stressful.  

Step 1 – Agree what you want to do!  

The PCC needs to agree and set out a basic idea of what it wants to do. As part of this process, consider how the work will affect the mission of the church, and how it sits with the Faculty Amendment Rules 2022 (Net 0)  

Step 2 – For major projects, develop your idea. 

 Do you need to consult the local community in planning the project? Do you need planning permission or other secular permission from your local council? (See also step 3 for guidance with this.) When planning a large project, also consider that the more serious the harm to the building, the greater the benefits need to be. This is especially true of Grade II* and Grade I listed buildings.  

It may be useful to look at the Duffield or download Alkmund questions, in order to make appropriate considerations and plans for your project.  

Step 3 – Do you need to work with professionals? 

 Will your project need the involvement, or for you to employ, any professionals? For example, an architect (usually yes!) a surveyor, a conservation specialist, a building contractor, a landscape architect, an archaeologist, an ecologist? These professionals can also help develop your ideas and proposals, especially in light of planning regulations and other legislation.  

Step 4 – Ask for advice from your DAC 

For bigger projects, involving the DAC at an earlier stage can help save time and energy later in the process. The DAC secretary and committee members may need to come and visit you to discuss your plans and look at the site, so they can guide you as to next steps, advise the best plan for the project, and give you the contact of specialist DAC advisors. This is also a good opportunity for you to ask the DAC any questions and make sure your ideas are fully understood.  

Step 5 – Consulting Amenity Societies.  

If your project will affect or change the character of a building, you may need to consult with Historic England, the Victorian Society, The 20^th Century Society, The Georgian Group, the Society for the Protection of Ancient Buildings, the Ancient Monument Society, the Council for British Archaeology, or the Church Buildings Council. These amenity societies are approached as part of the usual faculty application process, but it is worth contacting them for advice if your project affects the building to any great extent. The DAC will be able to advise if this is necessary.  

Step 6 – Consult your community. 

If you are planning a large project that involves any extension, reordering, or large changes in the church and grounds, it is important for the PCC to consult the regular worshippers of the church and the local community. If consulted at the correct stage, these community consultations can prove invaluable for shaping the project. This is turn can also mean the community outside of the church family will support the project as their views have been taken in to account.  

Whilst it is important to listen to your community, it is ultimately the PCC that will make the final decision about the project as they are the legal body responsible for the church and its upkeep.  

Step 7 – Upload your documents to the Online Faculty System. 

Complete the petition and other relevant sections for your application on to the Online Faculty System (OFS)  

As a minimum, please upload in pdf or jpeg format, and no larger than 5MB the following: 

• A copy of the PCC resolution for the work to be carried out.  

• Report, specification of the work, or letter of support from your architect. 
• Existing and proposed plans or drawings (must be to scale)  
• A letter of approval for the work from your insurance company.  
• A copy of your church maintenance plan (or church hall maintenance plan if the work is to be done on a church hall)  Download Maintenance Checklist for Places of Worship.pdf 
• Photos of the area where the work is needed.  

• Details about materials, dimensions, manner of fixings etc. 
• Details of the contractor and copies of their quote.  
• If work is in a churchyard, professional reports on how the work will affect burials, trees, bats, or other protected wildlife. 

If there is other information, photographs, images etc that will help the DAC give advice about the project please also include these in the same format as the documents above. They can be uploaded in the ‘supporting documents’ section of the OFS.  

How to apply for a full faculty  

Step 8 – Display the public notice 

Once the DAC has considered your project, it will give a formal notification of advice. Please note that this is not permission to start work! If consultations with amenity societies has not already been done, it may happen at this stage. The advice will also come with a public notice (form 4a) which you will need to complete on the OFS, print off, and display according to the instructions – outside the church (usually on a noticeboard) for 28 days. These 28 days does not include the day it is put up or the day it is taken down. Any plans for the project will need to be available for those without access to a computer. 

Once the 28 days is up, the applicant will receive an email letting them know the notice can be taken down. The petitioner will then need to sign and date the notice and send a copy to the Registry by uploading it to the OFS.  

Completing and displaying the Public Notice 

Step 9 – The application is sent to the Registrar and Chancellor 

Once the public notice has been displayed and a copy uploaded on to the OFS, your petition will now automatically be sent to the Registrar for checking and comment, and then on to the Chancellor for their decision. If your project is particularly contentious, or has attracted opposition, the Chancellor may decide to hold a consistory court hearing before making their decision. This part of the process up to the Chancellor making a decision can take several weeks, so it is worth factoring this in to the project when it is at the planning stage. 

The process of obtaining a Faculty has a cost of approx. £310. This is currently paid for by the DBF so there is no cost to the church, and therefore no restriction for any church to get the correct permission they need.  

If work is done without the correct faculty permission in place, the Chancellor can order a church to apply for a retrospective faculty. If this faculty is then not granted, the church can be ordered to undo the work that was completed, and also pay the £310 costs. 

If a building is ‘Listed’ it means that it is of special architectural or historic interest, or is of national importance, and therefore is worth protecting. Listings come under three categories – Grade II, Grade II*, and Grade I (known as Grade 2, 2*, or 1) A Listing for a building does not mean that it is a preservation order and it must be kept exactly as it is at this point in time. It does mean that special consideration must be given to balance the planned work and possible damage to the building, the historical significance, function and condition or the building, against improvements to the building and future viability. The Listing ratings are as follows; 

Grade II – a building of special interest. 

Grade II* – a building of more than special interest. 

Grade I – a building of exceptional interest.  

In the Diocese of Sheffield there are 63 Grade II, 32 Grade II*, 36 Grade I churches – which means 62% of all the churches in the diocese are listed.   

It is important to note that the grade listing refers to the building as a whole, so exterior and interior, as well as any fixtures and fittings that were in, or part of the church at the time it was listed.  The listing also covers the curtilage of the church building – so anything inside of, and including, the boundary wall. In some instances, there may be individual fixtures or fittings, including monuments, that are listed in their own right. This means that any works on any part of the building, fixtures, fittings, and on the exterior curtilage, must go via the faculty system. E.g you cannot dispose of pews or a lectern that are surplus to requirement, just because they are not bricks and mortar!  

Historic England listing church search 

Please also note that the EEEO 2010 (and therefore Faculty permission) does not only apply when a church is listed – it applies to all the churches in the care of the diocese. 

In almost every case, the answer has to be yes! Your architect or buildings surveyor is a trained expert in their field, and has a specific understanding of historic buildings. Any work that affects the fabric of the church building, its fixtures, fittings, and furnishings should be planned in consultation with your architect or surveyor, and they need to be involved in any faculty application. They will only not need to be involved with very minor works and maintenance that is covered by a List A matter.  

Your architect inspects the church building every 5 years for the Quinquennial Inspection (QI) so they will have a clear understanding of the layout of the church, its history, and any problem areas that need to be given consideration. If you involve your architect in the early stages of a project, they will be able to advise and guide you, and give clear plans and drawings plus written reports if required. 

A statement of significance is a crucial document when filling in a faculty application. This document is created to help understand the historic importance of a church and to understand what features contribute to the overall character of the building.  

A statement of significance will allow you to understand your building better, allow others to understand it and how the proposal will affect your building. A good statement shows the DAC that you understand the significance of your building as well.  

A statement of significance is a mandatory document you must produce for your faculty application, so it is important that you write one that satisfactorily lays out the significance of your church. This guidance will help you achieve this goal. We will go through what is needed in each section to produce a sound statement.  

When assessing significance, the table below will help you use the correct language in portraying significance.  

Summary 

Summarise the history of the building and the surrounding area. Useful sources can be Historic England, Pevsner’s Buildings of England series, your church website or Heritage Gateway. Talk about the character, the buildings place, and the setting of your church.  

Aesthetic  

Aesthetic value is essentially the value of your church’s aesthetics. These can be architectural or artistic value. For example, significant architecture could be an example of a 12th Century window or doorway. Artistic value could be plaque commemorating someone or something, or a stained-glass window.  

Communal  

Communal value is how important a church is as a community asset. This is applicable for past, present and future communities. For example, how has the church served the community in the past? How important is the church now as a community space? What is the church’s potential in the future as a community space? 

Environmental  

Environmental value is all about your church and the push for net zero by 2030. We want to know what steps your church has taken so far for net zero. Is your church an eco-church? Have you started implementing quick wins? Do you maintain your church? Is your churchyard being used for biodiversity? Answering these kinds of questions will help understand your church’s net zero progress.  

Evidential  

Evidential value can also be known as archaeological value. This value referencing the below and above ground archaeology your church may possess. This maybe evidence of archaeological activity in the area below ground, such as a roman villa nearby, or evidence of earlier phases of your church in the fabric of your building. This could be Anglo-Saxon brickwork or a piece of medieval architecture that survived a Victorian rebuild.  

Historical 

Historical significance is the value of the history associated with your church. Historical value can be illustrative or associative value. Illustrative value is similar to evidential value, but rather can reflecting the fabric of the building, illustrative value measures how a church shows the changing attitudes, views, use and religious practices of a church over time. Associative value is the effect that people and events have had on the church, to put it another way, history that is associated with the church, rather than being illustrated by it.  

Liturgical 

Liturgical or missional significance is the value of your church as a place of worship. We want to know how the space is used for worship inside the building. we also want to know if anything detracts from worship, and how the building works for mission. Do you have facilities that encourage community engagement? Is the building accessible for all? Is it a welcoming place?  

Final Advice 

When preparing a statement of significance, prepare one for the entire church, not just the area you are carrying out work on. There are two reasons for this: 

• Firstly, if you are changing the church, it may not just affect the immediate area. A major change that requires a faculty may alter the character of the entire church.  
• Secondly, preparing a statement that encompasses the whole church means that you do not have to write one every time you need a faculty, saving you time and energy!  

We hope this guidance gives you the tools to write a great statement of significance and help make the faculty application process easier and less scary in the future! 

A statement of need is necessary to explain why your church needs to make these changes to meet the needs of the parish and to carry out worship and mission. In essence, the necessity of the work must outweigh any impact to the heritage. There are a number of questions you must answer to fully complete your statement of need. These are:  

What do you need? 

We know this will be explained in some detail within the faculty application, but it is important you outline what exactly is proposed so we are fully aware of what work will carried out and where the heritage will be affected.  

Why do you need it? 

We need to know why exactly you need this specific proposal. Is it to advance mission? Is to reach net zero? Is it to improve the potential of community activity and engagement? There has to be a significant reason for altering the layout or appearance of your church, it needs to be a benefit for the church and the wider community.  

Why do you need it now?  

The work you are proposing may be necessary at some point, but we need to know why now? Is it needed now to advance to further steps of net zero? Is it because there is no room for community activity and you can’t interact with the community until this is done? Is it a repair that has been recommended as ASAP in a QI? Consider why it is that this is an ASAP priority project that needs to be done immediately.  

How is the project environmentally sustainable? 

The overarching theme of the Church of England’s mission this decade is net carbon zero. So, it is important that changes and alterations you make to the church are inline with the Church’s mission. We need to know if this is a positive step on the journey to net zero. Is this the most environmentally sustainable project you can do? Are you using sustainable materials? If this is not sustainable, can you justify why it is not sustainable? Moving forward, we need to make sure everything we do, contributes to net zero, not moves away from it.  

What other options were considered? 

An important aspect is knowing you considered other options before the alterations you have planned. Was there anything else you could have done instead of this proposal? If so, why have you chosen this option? If there is a less intrusive method, can you justify why you have chosen your proposal? Faculties can propose changes that affect the character of your church, we need to be aware that you have considered everything you can do before making character altering changes to your building, so we know you are acting responsible towards your building.  

If you answer all these questions well and justify your proposal, then you have crafted a well-written statement of need. Whilst it is not a guarantee that your faculty will be granted, a good statement of need will go a long way towards a successful faculty application!

A Temporary Minor Re-Ordering Licence, or TMRO, may be granted by the Archdeacon to enable a church to experiment with minor changes for a period of up to fifteen months. To comply with a temporary re-order, it must be possible to return the church to exactly the same state as it was before the re-ordering with any removed items returned in good condition.   If the church decides to keep the reordered scheme a faculty application should be submitted no later than three months before the end of the licence expiry date. 

A TMRO can be applied for via the Online Faculty System (OFS) and is listed in the menu along with List A, List B, and faculty applications.  

Please contact the Archdeacon to confirm what details are needed for the TMRO form, so the process can be progressed easily thereby avoiding forms having to go back and forth until the correct information is there! Once a licence has been granted, the church will receive a form (Form 9) and details of the licence period and any specific conditions that must be met. Please note that a licence can be revoked if the specific conditions are not met, which will force the church to be restored to its original state.  

The DAC will be notified of any TMRO applications, and if required a TMRO can be converted to a faculty application by the parish, also via the OFS. This conversion can only happen up to 3 months before the end of the licence period. If the licence is not converted during this time, a separate faculty application must be made. If the original licence period has passed and no faculty has been sought, the parish will be required to submit another form, Form 10. This explains why a full faculty is not being applied for, and will allow the application case to be closed.  

Please contact your Archdeacon for more information. 

We know that even when churches routinely have a QI inspection to highlight areas of work, and there is regular annual maintenance of the church and churchyard, we can’t stop emergencies from happening.  If this is the case, and there is work required that poses a risk to health and safety and does not come under either the List A or List B matters, please contact the Archdeacon or DAC as soon as you can. We can then guide you through the steps you need to take to get permission in place for repair work to start.  

In extreme circumstances, this may involve applying for an interim order from the Chancellor. This order is not often granted but gives permission from the Chancellor to start work on the building whilst a faculty application is prepared. A full faculty is always required after an interim order is granted, so waiting until a job is an emergency is not a way to miss out the faculty process!  

We cannot stress though, the importance of regular maintenance and keeping up with your QI cycle for your church and buildings. This is the best way to try and prevent emergencies from happening as far as possible in the first place. 

A series of short videos (on YouTube) showing you how to access and use the Church of England’s Online Faculty System, updated July 2022. To view the videos, click on the titles below: 

• Part 1: How to Register (5 mins) 
• Part 2: Getting Started (6 mins) 
• Part 3: List A Notification (5 mins) 
• Part 4: List B Application (9 mins) 
• Part 5: Faculty Petition – Start (8 mins) 
• Part 6: Statements of Significance and Needs (10 mins) 
• Part 7: Consultation (13 mins) 
• Part 8: Notification of Advice (6 mins) 
• Part 9: Public Notices (5 mins) 
• Part 10: Practical Completion (7 mins) 
• Part 11: Temporary Minor Re-ordering (TMRO) Licence (6 mins)