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The Faculty Jurisdiction Rules 2015

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Rules 3.2 and 3.3

SCHEDULE 1Matters which may be undertaken without a faculty

Table 1

List A – Matters which may be undertaken without the need for consultation

This table prescribes matters which may be undertaken without a faculty subject to any specified conditions.

The matters prescribed in the table are subject to general exclusions set out in rule 3.5 which, among other things, excludes certain categories of works to listed buildings.

MatterSpecified conditions
A1. Church building etc.
(1) Works of repair and routine maintenance to the church building not affecting the fabric or any historic materialThe parochial church council’s insurers are notified if external scaffolding is to be erected
(2) Repairs and replacement of fittings in existing kitchens, lavatories and office accommodation
(3) Like for like repairs to window glassThe works do not include repairs to broken or cracked quarries in stained glass or historic clear glazed windows
(4) The repair or like for like replacement of wire mesh window guardsOnly non-corroding fixings are used and, where practicable, are fixed in mortar joints

(5) Works of repair and routine maintenance to existing—

(a)

heating systems

(b)

gas, water or other services

(c)

electrical installations and other electrical equipment

The works do not involve making additions to an electrical installation

Any work to a gas fitting is carried out by a person who is registered on the Gas Safe Register (or is a member of another class of persons approved by the Health and Safety Executive for the purposes of Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998)

Any work to an electrical installation or electrical equipment is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6))

(6) The application of forensic marking on roof lead or other material covering a roof or to rain water goods or flashings
(7) Work to an existing lightning conductorThe parochial church council’s insurers are notified of the proposed work and the work is carried out by a specialist contractor approved by them
(8) The repair, maintenance, removal, disposal or replacement of a flagpoleOnly non-corroding fixings are used where a flagpole is repaired or replaced
(9) The introduction, removal or disposal of furniture, furnishings, office equipment and minor fixtures (other than safes) in vestries and similar rooms

The existing use of the vestry is not changed

No article of historic or artistic interest is removed or disposed of

(10) The introduction, removal or disposal of fire extinguishersAny instructions from the supplier or the parochial church council’s insurer in relation to their type or location are complied with
(11) The making of additions to an existing name board

The board is not a war memorial or roll of honour

The addition is in the same style (including colour and materials) as existing names on the board

(12) The installation of bat boxes as part of a bat management programme
(13) The introduction of anti-roosting spikesOnly non-corroding fixings are used and, where practicable, are fixed in mortar joints
A2. Musical instruments
(1) The introduction or disposal of musical instruments (other than organs and grand pianos) and associated equipmentNo article of historic or artistic interest is disposed of
(2) The routine tuning and maintenance of organs and pianosIn the case of organs, any works do not involve tonal alterations, changes to the action or major dismantling of the instrument
A3. Bells etc.
(1) The inspection and routine maintenance of bells, bell fittings and bell frames

No tonal alterations are made to any bell

No bell is lifted from its bearings

(2) The repair and maintenance of clappers, crown staples (including re-bushing) and bell wheels

Works do not include the re-soling or re-rimming of a bell wheel

No bell is lifted from its bearings

(3) The repair or replacement of bell stays, pulleys, bell ropes (including in Ellacombe apparatus), rope bosses, sliders or slider gearNo bell is lifted from its bearings
(4) The repainting of metal bell frames and metal bell fittingsNo bell is lifted from its bearings
A4. Clocks
The inspection and routine maintenance of clocks and clock facesWorks of maintenance do not include re-painting or re-gilding of clock faces
A5. Church contents
(1) The repair of woodwork, metalwork and movables

Matching materials are used

The repair does not involve any works to—

  • woodwork or metalwork of historic or artistic interest

  • Royal coats of arms

  • hatchments or other heraldic achievements

  • paintings

  • textiles of historic or artistic interest

  • church plate (including candlesticks and crosses)

(2) The application to articles of forensic markingNo article of historic or artistic interest is marked
(3) The introduction, removal or disposal of kneelers, hassocks, pew runners and cushions

The introduction , removal or disposal of the articles does not result in a change to the overall appearance of the church

No article of historic or artistic interest is removed or disposed of

(4) The introduction, removal or disposal of—

(a)

movable bookcases

(b)

books

(c)

free-standing noticeboards

(d)

movable display stands

(e)

cruets

(f)

vases and flower stands

(g)

hymn boards

(h)

altar linen (but not altar frontals or falls)

(i)

flags and banners used for temporary displays (but not the laying up of flags, or the removal or disposal of flags that have been laid up)

(j)

the Union flag or St George’s flag (with or without the diocesan arms in the first quarter) for flying from the church

No article of historic or artistic interest is removed or disposed of
A6. Church halls and similar buildings
(1) Routine repairs to the building and the replacement of fittings in the building
(2) The introduction, removal or disposal of furnitureNo article of historic or artistic interest is removed or disposed of
A7. Churchyard
(1) The introduction and maintenance of equipment for maintenance of the church and churchyard
(2) The repair of paths and other hard-surfaced areas, including resurfacing in the same materials and colour
(3) The routine maintenance of, repairs to, and like for like replacement of fences and gates (but not lychgates, walls or historic railings)The works do not involve any new disturbance below ground level
(4) The carrying out of repairs to a notice board and the repainting of a notice board
(5) The grant by the incumbent of a licence for grazing in the churchyardThe licence is in a form approved by the chancellor
A8. Trees
(1) The felling, lopping or topping of a tree the diameter of any stem of which does not exceed 75 millimetres (measured over the bark at a height of 1.5 metres above ground level)

The works do not relate to any tree in respect of which a tree preservation order is in force or which is in a conservation area

Regard is had to guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

(2) The lopping or topping of any tree—

(a)

that is dying or dead; or

(b)

has become dangerous

Regard is had to guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards
(3) The removal of dead branches from a living treeRegard is had to guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

Table 2

List B – Matters which may be undertaken without a faculty subject to consultation etc.

This table prescribes matters which may, subject to any specified conditions, be undertaken without a faculty if the archdeacon has been consulted and has given notice in writing that the matter may be undertaken without a faculty. The archdeacon may impose additional conditions in the written notice.

The matters prescribed in the table are subject to general exclusions set out in rule 3.5 which, among other things, excludes certain categories of works to listed buildings.

MatterSpecified conditions
B1. Church building etc.
(1) Works of routine maintenance and repair affecting the fabric of a church or historic material

The works are identified as routine items of maintenance in the most recent report prepared in respect of the church pursuant to section 1(2) of the Inspection of Churches Measure 1955 (commonly known as the “quinquennial inspection report”) or in subsequent written advice from a person registered under the Architects Act 1997 or a member of the Royal Institution of Chartered Surveyors qualified as a chartered building surveyor

Details of any materials to be used are submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter

The works do not involve any new disturbance below ground level

The parochial church council’s insurers are notified if external scaffolding is to be erected

(2) The installation of a wall offertory boxThe installation does not affect historic fabric
(3) The introduction of a safe in a vestry or similar room
(4) Works of external or internal redecoration (other than to areas of historic wall painting, even if already painted over)

Details of materials and colours are submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter

The overall appearance of the building is not changed

The parochial church council’s insurers are notified if external scaffolding is to be erected

(5) The treatment of timber against beetle or fungal activityThe works do not involve the replacement of timber

(6) Works of adaptation (not amounting to substantial addition or replacement) to—

(a)

heating systems

(b)

gas, water and other services

(c)

electrical installations and other electrical equipment

Any work to a gas fitting is carried out by a person who is registered on the Gas Safe Register (or is a member of another class of persons approved by the Health and Safety Executive for the purposes of Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998)

Any work to an electrical installation or electrical equipment is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6))

The parochial church council’s insurers are notified of the proposed works

(7) The replacement of a boiler in the same location and utilising an existing fuel supply and existing pipe-runs

Any work to a gas fitting is carried out by a person who is registered on the Gas Safe Register (or is a member of another class of persons approved by the Health and Safety Executive for the purposes of Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998)

The works do not involve the creation of a new external flue

The parochial church council’s insurers are notified of the proposals

(8) The introduction or replacement of control equipment that is ancillary to a boiler or existing heating system

Any work to a gas fitting is carried out by a person who is registered on the Gas Safe Register (or is a member of another class of persons approved by the Health and Safety Executive for the purposes of Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998)

Any work to an electrical installation or electrical equipment is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6))

The parochial church council’s insurers are notified of the proposals

(9) The like for like replacement of roofing material

The material being replaced was not introduced unlawfully

The parochial church council’s insurers are notified of the proposals

(10) The installation of a roof alarmThe amount of associated cabling is kept to the minimum that is reasonably practicable
(11) The installation of lighting and safety equipment

The lighting or other equipment—

  • is installed only in a part of the church (such as a tower or crypt) that is not normally visible to the public, or

  • when installed will not be visible from ground level

Any work to an electrical installation or electrical equipment is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6))

The installation will not affect any graves or vaults

The parochial church council’s insurers are notified of the proposals

(12) The installation of a lightning conductorThe parochial church council’s insurers are notified of the proposals and the work is carried out by a specialist contractor approved by them
(13) The installation of a sound reinforcement system or loop system or the alteration of an existing system
B2. Bells etc.
(1) The lifting of a bell to allow the cleaning of bearings and housings

Regard is had to any guidance issued by the Church Buildings Council

The bell is currently in a fit condition to be rung

(2) The like for like replacement of—

(a)

bearings and their housings

(b)

gudgeons

(c)

crown staple assembly

(d)

steel or cast iron headstocks

(e)

wheels

Regard is had to any guidance issued by the Church Buildings Council

The bell is currently in a fit condition to be rung

The works do not involve the drilling or turning of the bell

(3) The replacement of—

(a)

bell bolts

(b)

a wrought iron clapper shaft with a wooden-shafted clapper

Regard is had to any guidance issued by the Church Buildings Council

The bell is currently in a fit condition to be rung

(4) The treatment of timber bell frames with preservative or insecticide materials
(5) The re-pinning or re-facing of hammers in Ellacombe apparatus

Regard is had to any guidance issued by the Church Buildings Council

The bells are currently in a fit condition to be rung

(6) The introduction of peal boards in a location not normally visible to the public
B3. Clocks
(1) Alterations to striking trains to prevent striking at nightNo part of the clock mechanism is affected
(2) The upgrading of electrical control devices and programmers
B4. Church contents
(1) The repair and maintenance of church plate (including candlesticks and crosses) not of special historic or artistic interest
(2) The introduction, maintenance or replacement of portable audio-visual equipment used in connection with church servicesNo equipment is fixed to the fabric of the church
(3) The replacement of carpets or other floor covering and underlayOnly breathable underlay is used when underlay is replaced
(4) The replacement of curtains (other than curtains and other hangings associated with an altar)
(5) The treatment of fixtures and furniture against beetle or fungal activity
(6) The introduction of a book of remembrance and stand
(7) The introduction of a fixed internal noticeboard
(8) The disposal of free-standing chairsNo chair of historic or artistic interest is disposed of
(9) The replacement of a grand piano with another grand piano and the disposal of the original grand pianoNo piano of historic or artistic interest is disposed of
B5. Churchyard
(1) The introduction of benches in a churchyardNo bench has an inscription on it which would not be permitted on a monument in the churchyard under the applicable churchyard regulations made or approved by the chancellor
(2) The replacement of gas or oil tanks

The replacement tank is of similar dimensions and in substantially the same location

No works of excavation are involved

The local planning authority is notified of the proposal

(3) The routine maintenance, repair or rebuilding of walls

The works do not relate to any wall which is included in the Schedule maintained for the purposes of the Ancient Monuments and Archaeological Areas Act 1979

The works are identified as routine items of maintenance in the most recent report prepared in respect of the church pursuant to section 1(2) of the Inspection of Churches Measure 1955 (commonly known as the “quinquennial inspection report”) or in subsequent written advice from a person registered under the Architects Act 1997 or a member of the Royal Institution of Chartered Surveyors qualified as a chartered building surveyor

Details of any materials to be used are submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter

The works do not involve any new disturbance below ground level

The parochial church council’s insurers are notified if external scaffolding is to be erected

(4) The routine maintenance or repair of lychgatesThe lychgate is not separately listed as a building of special architectural or historic interest under the Planning (Listed Buildings and Conservation Areas) Act 1990
B6. Trees
(1) The planting of treesRegard is had to the guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

(2) The felling of a tree—

(a)

that is dying or dead; or

(b)

has become dangerous

In the case of any tree in respect of which a tree preservation order is in force or which is in a conservation area, section 206 of the Town and Country Planning Act 1990 (which provides for the planting of replacement trees) is complied with

Regard is had to the guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

(3) All other works to trees (whether or not prescribed in List A) except felling

If applicable, the law relating to the preservation of trees in respect of which a tree preservation order is in force or which are in a conservation area is complied with

Regard is had to the guidance issued by the Church Buildings Council as to the planting, felling, lopping and topping of trees in churchyards

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