 APPENDIX 3 – THE DIOCESAN ADVISORY

COMMITTEE (DAC)

 ADVICE TO INCUMBENTS AND CHURCHWARDENS

FROM THE PORTSMOUTH DIOCESAN ADVISORY
COMMITTEE FOR THE CARE OF CHURCHES
The Diocesan Advisory Committee (DAC) is a statutory body established by law whose
members are appointed by the Bishop and the Bishop's Council following a wide process
of consultation and in accordance with the written constitution approved by the Diocesan
Synod.
The Committee has two main responsibilities. The first concerns the giving of advice to
parishes in their duty to maintain and make appropriate use of their church. The second
responsibility is to advise the Chancellor and the Archdeacons about the granting of
Faculties.

 SECTION 1 - APPLICATION FOR FACULTIES

This Section gives a brief outline of the procedures for obtaining a Faculty. A Faculty is
normally needed for all repairs, alterations or additions to Church of England churches,
their contents and the churchyards and lands belonging to them.
 SECTION 2 - THE CARE OF CHURCHES
This Section gives a brief outline of the legal provisions relating to the care of churches,
inspection and accountability. Advice is given here to Incumbents, Churchwardens
and Parochial Church Councils about the procedures to be used in ensuring there is
adequate care of each church licensed for public worship and the keeping of records.
 SECTION 3 -APPENDICES
This Section contains four appendices:
Appendix I The ‘de minimis’ list (a list of matters not requiring a faculty)
Appendix II The Scheme for the Inspection of Churches
Appendix III Churchyard regulations.
Appendix IV Trees in churchyards.

 SECTION 1 - APPLICATION FOR FACULTIES

 General
1. This Section gives a brief outline of the procedure which applies in most cases for
obtaining a Faculty. A Faculty is a permission from the Consistory Court (the Church
Court of the Diocese). Faculties are granted either by the Chancellor (the Judge of the
Consistory Court) or by the Archdeacon.
2. A Faculty is normally needed for all repairs, alterations or additions (including disposals
and other transactions) to Church of England churches, their contents and the
churchyards and land belonging to them. (Archdeacons' Certificates no longer exist.)
3. There are a few exceptional cases where a Faculty is not required, in particular:
(a) Some very minor matters - sometimes called ‘de minimis’ matters - which the
Chancellor has directed do not need formal authorisation. Some of these however may
need to be discussed with the DAC. A list appears in Appendix 1.
(b) Temporary Re-ordering. If certain detailed conditions are satisfied and the DAC has
been consulted, the Archdeacon can by licence authorise temporary re-ordering of a
church for up to 12 months. This allows time to see whether arrangements work
satisfactorily and are generally acceptable before application is made for a Faculty for
permanent re-ordering.
(c) Tombstones and Memorials in Churchyards. In certain cases the Chancellor has
delegated authority to Incumbents and information on this can be found in the
Chancellor's regulations concerning churchyards. See Appendix III.
4 Where emergency repairs are necessary it is essential that the Archdeacon and the
Inspecting Architect/Surveyor are informed before such repair work is put in hand. In
cases where such repairs are extensive, e.g., if a church is badly damaged by arson or
lightning, the Chancellor should be approached through the Registrar by telephone or a
letter for a Licence to do essential repair work. When such work is notified as set out
above, the Incumbent or in his/her absence or during a vacancy a Churchwarden may
then authorise the work to be done. Such work must be subject thereafter to approval by
a confirmatory Faculty.
 Consultation
5. In the normal course of events, as soon as any repair or alteration to the fabric or the
contents of the church (including the organ) or the churchyard and its trees is
contemplated, or any proposal for the introduction or removal of any piece of furniture or
other significant object is made, the Incumbent and Churchwardens should consult the
Parochial Church Council and discuss all theological, aesthetic and practical implications.
If work on trees is contemplated see the Chancellor's guidance ‘Trees in Churchyards’,
Appendix IV. A full minute of any conclusions should be made. If the PCC puts forward a
resolution voting figures should be recorded.
6. At the earliest stage the DAC Secretary and the Archdeacon should be informed and
consulted. The Secretary will bring the matter to the agenda of the next meeting of the
DAC. The Committee meets monthly.
7. The value of a close relationship with the Inspecting Architect/Surveyor is underlined.
He/she should be consulted and kept informed of all works, even minor decorations and
repairs, planned for the church building, its contents and its surroundings. Often it is the
small items of routine maintenance that can either properly protect the fabric of the
building or, unfortunately, start a visual or structural decline. The Inspecting
Architect/Surveyor can always advise on the suitability of builders, electricians or heating
engineers. (Only NICEIC approved electricians should be used.) On completion of work
a certificate stating that the work is complete and has been supervised has to be signed.
It is difficult for the Architect to sign this if he/she has not been involved.
8. When necessary the DAC Secretary will arrange a visit of members of the Committee
to the church. The Committee consists of the Archdeacons, some clergy and lay
members including professional architects and others with specialist qualifications. Of
these, some will on any occasion attend for a site visit. Such a visit does not incur the
parish in any expense. In a major matter such as a re-ordering of the interior it is
important for the Incumbent to invite the Architect/Surveyor and a representative group of
members of the PCC to be present.
9. During such a visit many suggestions may be made, but it is important to await the copy
of a definitive minute from the DAC Secretary after the next full meeting of the Committee
before any further step is taken. Such a minute is sent to the Incumbent as soon as
possible, and a copy should be attached to the minutes of the PCC.
10. Other people and bodies to be consulted may include the parish as a whole, and other
professional advisers. The Local Planning Authority needs to be consulted if the church
is a listed building or in a conservation area. English Heritage needs to be consulted if an
English Heritage grant was received in the past or an application is to be made (contact
the DAC Secretary). The DAC is ready to give advice as to whether any of the national
amenity societies need to be consulted at an early stage. In cases involving an article or
matter of historic or artistic interest the Council for the Care of Churches, the parent body
of DACs, may need to be consulted.
11. The Local Planning Authority may need to grant planning permission or listed building
consent or some other permission or consent. This applies in particular to new buildings,
work affecting the exterior of churches or churchyards, or work affecting trees which are
subject to tree preservation orders or in conservation areas. Advice on this can be sought
from the Local Planning Authority itself or the Diocesan Registrar.
12. Other bodies to consult may include:
(a) English Heritage will need to approve the proposals if it is to give grant aid or
(normally) if it or its predecessors have given a grant in the past for work to the church.
(b) The Commonwealth War Graves Commission should always be consulted if the
proposals may affect graves or burials or monuments or memorials (because some of the
graves and monuments for which it is responsible are not readily identifiable - except
through its records - as war graves).
(c) English Nature needs to be consulted if the Church has bats or a history of roosting
bats and the proposals (e.g. structural repairs or timber treatment) may affect the bats or
their roosts.
13. Assistance can be given by the DAC on the subject of grants from trust bodies or local
authorities. It should be noted that sometimes grants are made subject to conditions.

 Formal Application to the DAC

14. Once the process of consultation has been carried out the people who will be applying
for a Faculty (called Petitioners and usually the Incumbents and Churchwardens) should
apply to the DAC for its formal advice. The DAC Secretary will supply an application form
on which applicants will need to give full details of the proposals. Two sets of drawings,
plans, designs and specifications etc. should be attached to the application form and
returned with it to the DAC Secretary.
15. The DAC will then make a formal decision at its next meeting and the Secretary will
complete a DAC Certificate. The DAC normally meets once a month and it is helpful if the
application form and documents are sent at least 2 weeks before a meeting of the DAC.
16. This DAC Certificate will contain a full description of the proposals and indicate
whether the DAC has decided:

· to recommend the proposals, or

· to raise no objections to them, or
· not to recommend them.
The Secretary of the DAC will send the DAC Certificate together with one set of the plans
etc. to the Registrar. The other set of plans will be retained by the DAC.
17. The Registrar will contact the Petitioners and send them a Petition for Faculty for
completion together with the DAC Certificate, the set of plans and copies of the Citation to
be displayed as instructed. The Faculty Petition must be returned as soon as it is
completed and a certified copy of the Citation must be returned at the end of the Citation
period. The Registrar will advise whether the Faculty is an Archdeacon's or a
Chancellor's Faculty.
18. If the DAC decides not to recommend the proposals, it is still possible to apply for a
Faculty, but it will normally be advisable to try to modify the proposals to meet the DAC's
concerns and re-submit them to the DAC before going any further. It is essential that a
Faculty is sought before any work is commenced as any unauthorised work can give rise
to an application for an injunction or restoration order by interested parties.
 Faculties for Exhumations and Reservations of Gravespaces
19. Application should be made to the Diocesan Registrar who will send the Petitioners a
Petition for Faculty and instructions on how to proceed. Such Petitions do not need to be
considered by the DAC as the Chancellor alone makes the decision on the application,
but evidence will always need to be provided of the consent of the PCC/Incumbent/burial
authority as appropriate.
 SECTION 2 - CARE OF CHURCHES
 General
20. This Section gives a brief outline for parishes and others of the legal provisions
relating to the care of churches, inspection and accountabilities. The requirements
laid down by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 came
into force on 1 March 1993; many of them reflect good practice, and it is important that
Incumbents, Churchwardens and Parochial Church Councils should be aware of them.
21. The provisions outlined apply to:
(a) All parish churches and all other consecrated churches and chapels;
(b) Buildings which have not been consecrated but have been licensed for public worship
since 1 March 1993 other than:
(i) those in educational establishments, hospitals and other public and charitable
institutions;
(ii) buildings which are used solely for services relating to burial and cremation;
(iii) buildings which are exempted by the Bishop with the approval of the DAC.
(c) All buildings brought under Faculty Jurisdiction by Bishop's Order before 1 March
1993.

‘Church’ in the following paragraphs applies to all three categories, and where there is
more than one church in a parish the obligations apply separately to each church.
 Churchwardens' Duties to Maintain Records
22. The 1991 Measure requires Churchwardens:
(a) to compile and maintain a full terrier of all the lands belonging to the church and a
full inventory of all the articles belonging to it; and
(b) to maintain a log-book containing a full note of all alterations, additions and repairs
to the church and the lands and articles belonging to it, as well as other events affecting
the church, and details of the location of any relevant documents which are not kept with
the log-book itself.
23. The terrier, inventory and log-book must be in the form recommended by the Council
for the Care of Churches. The Council has recommended the use of loose-leaf forms
which are published for the Council by Church House Publishing and are obtainable from
Church House Bookshop, from the Council and from other booksellers. In carrying out
these duties, the Churchwardens must act in consultation with the Incumbent.
24.The Churchwardens must also:
(a) produce the terrier, inventory and log-book to the PCC as early as possible in each
calendar year, together with a signed statement that the contents are accurate and any
other records they consider are likely to assist the PCC in carrying out its function in
relation to the fabric of the church and the articles belonging to it; and
(b) send a copy of the inventory to the DAC Secretary, and also notify the DAC Secretary
of any alterations at intervals to be laid down by the Bishop.
 Churchwardens' Duties to Inspect and Report
25. In each calendar year the Churchwardens, in consultation with the Incumbent must:
(a) inspect the fabric of the church and the articles belonging to it at least once, or arrange
for such an inspection;
(b) make an annual fabric report to the PCC at the meeting before the Annual Parochial
Church Meeting. The report must deal with the fabric of the church and the articles
belonging to it, and must have regard to the inspection. It must include an account of all
actions taken or proposed in the previous calendar year for the protection and
maintenance of the fabric of the church and the articles belonging to it, and particularly
any action taken or proposed in order to implement the recommendations in a report by
the church's Inspecting Architect or Surveyor under the Inspection of Churches Measure
1955 as amended by the 1991 Measure;
(c) make the same report, with any amendments agreed by the PCC, to the Annual
Parochial Church Meeting.
 Professional Inspections of Churches
26. The requirements for Quinquennial (five-yearly) Inspections under the Inspection of
Churches Measure 1955 have been strengthened by the 1991 Measure (see Appendix
II). The requirements are now:
(a) all the churches, chapels and other buildings within paragraph 21 above are covered
by the 1955 Measure;
(b) if the parish wishes, it can appoint a chartered building surveyor rather than an
architect to carry out the inspections, provided the surveyor is a member of the Royal
Institute of Chartered Surveyors. It is a legal requirement that the DAC give its approval
to the Inspecting Architect or Surveyor chosen by the parish. The DAC keeps a list of
suitably qualified and interested persons.
(c) in addition to the fabric of the church, the inspection will include specially valuable
or vulnerable articles belonging to the church, ruins in the churchyard which have been
designated as outstanding by the Council for British Archaeology and the Royal
Commission on the Historical Monuments of England, and trees in the churchyard which
are subject to tree preservation orders. In practice, all trees in churchyards which are in
conservation areas should also be covered;
(d) copies of the Architect's or Surveyor's Quinquennial Inspection Report should be sent
to the Incumbent and the DAC Secretary as well as to the Archdeacon and the PCC. The
format of the Report should be that proposed in Appendices I and III of the Council for the
Care of Churches publication ‘A Guide to Church Inspection and Repair’.
 Churchyards
27. The PCC's functions with respect to the care and maintenance of churchyards apply
also to trees in churchyards. The Chancellor, after consultation with the DAC, has issued
guidance on the planting, felling, topping and lopping of these trees (see Appendix IV).
Where the PCC is responsible for maintaining the churchyard and any trees in it are
felled, topped or lopped, the PCC can dispose of the timber and use the proceeds for the
care and maintenance of any church or churchyard which it has to maintain; where the
churchyard is closed for burials and responsibility for its maintenance has been
transferred to the local authority, the local authority also becomes responsible for the
trees.
28. Rules made under the 1991 Measure require PCCs to keep plans of burials and
reserved gravespaces in churchyards. (So far as burials are concerned this ties in with
the new form of registration of burials introduced on 1 January 1993, which requires the
register to give a reference number on a plan.)
29. Incumbents often have a very difficult pastoral duty when bereaved families seek to
erect in the churchyard a memorial which is outside the ambit of the churchyard
regulations. PCCs can greatly assist their incumbent by passing a resolution approving
and supporting the regulations.
 APPENDIX I - DE MINIMIS LIST
 LIST OF MATTERS NOT REQUIRING A FACULTY
1. Matters not on this list will require a Faculty from either the Chancellor or the
Archdeacon. A list of matters for which an Archdeacon may grant a Faculty is set out in
Appendix A of the Faculty Jurisdiction Rules 1992, a copy of which is included for
reference at the end of this Appendix I.
2. However, the Diocesan Advisory Committee encourages the Parochial Church Council
to first consult the Committee and provide it with full details of the work which is proposed
before undertaking any of the items set out in Part 1. It is only the items in Part 2 which
the Diocesan Advisory Committee consider may be undertaken without any further
consultation.
3. No item on the inventory should be disposed of without consultation with the
Archdeacon.
4. If you have any doubt about a matter, consult your archdeacon..
 PART 1
Matters where there would normally be consultation with the Diocesan Advisory
Committee
1. Works of routine maintenance excluding any decoration and replacement except with
like for like materials on the fabric of a church up to £500 excluding VAT (e.g., cleaning
gutters and downpipes).
2. Inspection and day-to-day maintenance but excluding decoration and replacement
except for like for like of bells, bell frames and clocks.
3. Replacement of ordinary carpets or curtains (in the same material and colour).
4. Altar ornaments.
5. Kneelers, hassocks and cushions.
6. Movable hymn boards.
7. The permanent fixing of fire extinguishers to the fabric of the church.
8. Introduction of small moveable bookcases or display stands.
 Part 2

 Matters not requiring consultation

1. Works of routine maintenance of electrical fittings (by approved NICEIC electricians) or

other equipment and furniture up to a cost of £500 excluding VAT.
2. Maintenance of paths not amounting to full resurfacing.
3. Tuning of organs, harmoniums and pianos (but no other work).
4. Replacement of wooden bell stays in like materials.
5. Maintenance of pianos using matching materials.
6. Introduction of furniture, furnishings or other minor fixtures in vestries.
7. Hymn books, song books, bibles and other choir and organ music (but not disposal of
hand bound or other valuable books).
8. Authorised Service books.
9. Altar linen (but not altar frontals or falls).
10. Flower vases.
11. Fire extinguishers where permanent fixing is not involved (subject to Archdeacon’s
instructions as to location).
12. Decorative banners used for displays not lasting more than three months.
13. Churchyard equipment e.g., lawn mowers.
14. Furniture in church hall.
15. Introduction of Registers and deposit thereof in Diocesan Record Offices.
 Appendix A of the Faculty Jurisdiction Rules 1992
The Archdeacon has jurisdiction in faculty matters in respect of any of the matters set out
below which affect any parish church, licensed building, consecrated chapel, curtilage of
such building or churchyard (whether consecrated or not), which is within the jurisdiction
of the Consistory Court.
1. Work to the Fabric
(i) Minor structural alteration not involving demolition or partial demolition, except where
in the opinion of the DAC it will result in a material alteration either externally or internally
to the appearance of the church or affect its setting and provided that where state aid has
previously been accepted or is being sought a letter from English Heritage stating that that
body agrees with the specification for any works proposed to be carried out is obtained
prior to the grant of a faculty;
(ii) repairs (using matching materials) and treatment of timber against beetle or fungal
activity;
(iii) external or internal decoration or redecoration except where in the opinion of the
advisory committee it will result in a material alteration either externally or internally to the
appearance of the church.
2. Work affecting Fixtures
(a) Repairs
(i) repairs and alterations to an existing heating system;
(ii) repairs to and redecoration of fixtures (with matching materials);
(iii) repairs to broken or cracked quarries in clear glazed windows;
(iv) repairs, rewiring and minor alterations to an existing electrical system;
(v) repairs to lightning conductors;
(vi) repairs to organs or harmoniums using matching materials;
(vii) repairs using matching materials to bells and bell frames and replacement of parts
not requiring the removal of the bells from their frames;
(viii) repairs using matching materials to and redecoration of clocks and clock faces;
(ix) treatment of fixtures against beetle or fungal activity.
(b) New Work
(i) installation of a new heating system including laying of electrical cables, gas pipes or
water mains through the churchyard (except where in the opinion of the DAC the
installation will affect archaeological interest of or will result in a material alteration to the
appearance of the church);
(ii) installation of a sound reinforcement system or loop system or alteration to an
existing system;
(iii) installation of a new electrical system or lighting including laying electrical cables
through the churchyard (except where in the opinion of the DAC the installation will affect
the archaeological interest or result in a material alteration to the appearance of the
church);
(iv) installation of a wall offertory box (except where in the opinion of the DAC the
installation will affect the archaeological interest or will result in a material alteration to the
appearance of the church);
(v) installation of a wall safe in a vestry (except where in the opinion of the DAC it will
affect the archaeological importance of the church);
(vi) installation of a lightning conductor.
3. Work Affecting Moveables
(i) Introduction of any article which may lawfully be used in the performance of divine
service or the rites of the Church (other than an ambry);
(ii) repairs to moveables (using matching materials) not including Royal Coats of Arms,
unfixed hatchments, heraldic achievements, paintings, historic textiles, historic silver and
base metal work;
(iii) installation of minor items of furniture or minor fixtures in the church;
(iv) provision of carpets and curtains;
(v) introduction of altar frontals and falls;
(vi) a scheme for replacement of all or a substantial number of hassocks;
(vii) laying up of banners;
(viii) introduction of a Book of Remembrance and a stand for it; and
(ix) security marking of moveables.
4. Work Affecting Churchyards
(i) Re-surfacing of paths in the same material resulting in the same appearance;
(ii) repairs to walls, fences, gates and lych gates where matching materials are to be
used;
(iii) introduction of a garden seat (including any memorial inscription);
(iv) provision or replacement or repainting in a new colour scheme of a noticeboard;
(v) placing of floodlights and the laying of associated cables in the churchyard to
illuminate the church.
 APPENDIX II - SCHEME FOR THE INSPECTION OF
CHURCHES IN THE DIOCESE OF PORTSMOUTH
Under the Inspection of Churches Measure 1955, all dioceses were required to establish a
Scheme for the regular inspection of churches. The Diocese of Portsmouth introduced a
Scheme on 1 November 1956 and this has been revised in accordance with the
provisions of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. The
Scheme has also been revised to reflect the currently agreed position in relation to
finance.
SCHEME (Approved by the Diocesan Conference 9 May 1955 and amended by the
Diocesan Synod 5 November 1994)
1. An Architect/Surveyor for the inspection of every church shall be appointed by the
Parochial Church Council. The name of the Architect/Surveyor to be appointed must be
previously approved in writing by the Diocesan Advisory Committee.
2. Every church must be inspected by the appointed Architect/Surveyor at intervals of not
more than five years.
3. A report on every such inspection shall be made in writing by the Architect/Surveyor to
the Parochial Church Council and the Incumbent and a copy of the report sent to the
Archdeacon and the Secretary of the Diocesan Advisory Committee.
4. Where the Archdeacon finds at a survey of the churches in his jurisdiction that a church
has not for a period exceeding five years been inspected to his satisfaction by an
Architect/Surveyor appointed as above, he may serve upon the Parochial Church Council
a notice in writing requiring the Council to cause the church to be inspected in accordance
with this Scheme.
At any time after the expiration of three months from the date when the said notice was
served, the Archdeacon, with the consent of the Bishop, may himself, if the church has not
been so inspected in the meantime, make arrangements for the required inspection and
report.
 FINANCE
5. There shall be a fund called the Diocesan Church Inspections Fund, into which there
shall be paid annually such grant as the Diocesan Board of Finance shall provide in the
Budget.
The Diocesan Church Inspections Fund will pay, subject to the prior approval of the
Archdeacon in each case a grant of £50 or such other amount as may be fixed from time
to time by the Diocesan Board of Finance towards the fees for the inspection of a church
under this Scheme.
The Parochial Church Council will be responsible for the payment of the balance of fees
incurred.
In the event of an inspection being carried out under arrangements made by the
Archdeacon under clause 4 above, the whole cost of the inspection shall be defrayed from
the Diocesan Church Inspections Fund, but reimbursed in full by the Parochial Church
Council.
6. Where no Parochial Church Council exists, the duties required by this Scheme shall be
carried out by the Churchwardens.
 INSTRUCTIONS TO INCUMBENTS AND PAROCHIAL CHURCH
COUNCILS
The following instructions have been approved by the Diocesan Advisory Committee and
the Diocesan Board of Finance.
1. For the purpose of this Scheme, ‘church’ means:
a) all parish churches and all other consecrated churches and chapels
b) buildings which have not been consecrated but have been licensed for public
worship since 1 March 1993 other than
i) those in educational establishments, hospitals, and other public and charitable
institutions,
ii) buildings which are used solely for services relating to burial and cremation,
iii) buildings which are exempted by the Bishop with the approval of the Diocesan
Advisory Committee.
c) all buildings brought under Faculty Jurisdiction by Bishop’s Order
before 1 March 1993.
Where there is more than one church in a parish the obligations apply separately to each
church.
2. The Diocesan grants will only be paid by the Diocesan Board of Finance with the prior
approval of the Archdeacon, and applications for payment must therefore be made
through the Archdeacon, accompanied by a receipted account from the
Architect/Surveyor.
3. SCOPE OF INSPECTIONS. The object of this Scheme is the regular inspection of the
state of repair and preservation of the fabric of churches. In addition to the fabric of the
church, the inspection will now include specially valuable or vulnerable articles belonging
to the church, ruins in the churchyard which have been designated as outstanding by the
Council for British Archaeology and the Royal Commission on the Historical Monuments of
England, and trees in the churchyard which are subject to tree preservation orders. In
practice, all trees in churchyards which are in conservation areas are also covered.
4. PREPARATION FOR INSPECTION
a) The guiding consideration is the expediting of the Architect/Surveyor’s direct work of
inspection.
b) It is most important that ladders, serviceable and of adequate lengths should be
provided to enable the Architect/Surveyor to reach every part of the building to be
inspected, including rafters of open roofs; in some cases scaffolding may be necessary.
c) Where a record of earlier work of repair exists it should be made available for the
information of the Architect/Surveyor.
d) A log-book of repairs must be kept. There is a standard form which should be used.
This has been recommended by the Council for the Care of Churches and is obtainable
from the Church House Bookshop.
e)The cost of all preparations for inspection including ladders, etc., is to be met by the
Parochial Church Council.
 5. INSPECTION REPORT
a) The format of the report should be that proposed in Appendices I and III of the Council
for the Care of Churches publication ‘A Guide to Church Inspection and Repair’.
b) The Architect/Surveyor should be asked that his/her report made under the Scheme
should give a full account of the condition of the structure and of repairs needed in the
foreseeable future. From this full account a Schedule of repairs to be undertaken in the
ensuing five years should be extracted: in this five-year Schedule the items should be
arranged in order of urgency.
c)The report should include a statement of the items, if any, that were not inspected; for
example, inaccessible roofs, boundary walls, drains and so forth.
d) The report should include a reminder that legal authority, ie a Faculty, is required to
cover most work that is recommended.
e) Copies of the report should be sent by the Architect/Surveyor direct to the Parochial
Church Council, the Incumbent, the Archdeacon and the Secretary of the Diocesan
Advisory Committee.
6. BUILDING AND ELECTRICAL FIRMS. Church repair work is specialist in character,
and tenders should be invited only from firms known to be skilled in it; in some cases it
may be wise to dispense with tendering and to choose a firm. Architects/Surveyors can
give valuable help by reporting on the competence of firms to the Diocesan Advisory
Committee so that a list of reliable firms can be maintained.
7. MONITORING OF REPAIR WORK. The rule should be that the inspecting
Architect/Surveyor also monitors the subsequent work of repair. Apart from its obvious
wisdom, this rule may have a bearing on the scale of fees and the Architect/Surveyor’s
remuneration. All electrical work must have the prior written approval of the EIG or other
insurers.
8. ARCHITECTS/SURVEYORS FEES. The amount of the fee to be charged by the
Architect/Surveyor for his/her inspection and monitoring is a matter for negotiation
between him/her and the parish.
 APPENDIX III - CHURCHYARD REGULATIONS
(in force from 1 April 1996, amended March 1999)
 1. General
1.1 The consecration of a piece of land as a churchyard, whether or not it is used as a
burial ground, has the effect of bringing it, like a church building, under the jurisdiction of
the Bishop of the Diocese. Such jurisdiction is exercised through the Diocesan
Chancellor.
1.2 Parishioners and all persons dying within the parish boundaries have the right to burial
in the parish churchyard, provided it is still open for burials.
1.3Permission for burial to other persons may be granted by the Incumbent and the
Parochial Church Council, which by resolution should normally give a general consent to
the Incumbent to give such permission at his/her discretion.
1.4 There is no right to burial in a particular part of a churchyard, but a gravespace may
be reserved by means of a faculty for which see paragraph 3 below.

 2. Recording a Churchyard
2.1 It is necessary to have a churchyard plan, which is maintained accurately and kept up-
to-date, so that no error is made when an interment takes place and the spaces available
are known.
2.2 It is desirable that all parishes should maintain a list or card index of all monuments in
the churchyard with a record of the inscriptions and the names and addresses of both the
person who caused the memorial to be erected and the mason who carried out the work.
This will help the Parochial Church Council locate the appropriate person should repairs
to the memorial be required and assist those carrying out family or other research.
2.3 The Diocesan Advisory Committee is willing to give advice on the preparation of
such a list or record.

 3. Reservation of a Gravespace
3.1 A gravespace may be reserved, but such reservation cannot be granted by the
Incumbent or by the Parochial Church Council. Reservation can be obtained only by the
grant of a faculty. The petition, together with the appropriate faculty fee, must be lodged
by the person applying for a faculty for this purpose with the Diocesan Registrar, who is
willing to give such advice as may be necessary.
3.2 A separate record of all gravespaces reserved by faculty must be maintained in the
parish concerned. Each gravespace reserved must be identified precisely in such record.
Great distress is caused when bodies are mistakenly interred in a gravespace reserved
for another person and exhumation almost always follows such an error.
 4. Exhumation
4.1 No human remains or cremated remains may be exhumed without a faculty.
4.2 Anyone contemplating applying for a faculty for exhumation must consult the Diocesan
Registrar.
 5. Interment of Cremated Remains
5.1 The interment of cremated remains (‘ashes’) in a churchyard may take place at the
discretion of the Incumbent, provided the churchyard remains open for burials.
5.2 Cremated remains disposed of in a churchyard must be buried. They must not be
scattered.
5.3 It is desirable that only the cremated remains should be buried, but at the discretion of
the Incumbent such remains may be buried in a casket or urn, but only if such casket or
urn is made of a material which eventually decays in the ground. In no circumstances
may a casket or urn be made of plastic or other permanent material.
5.4 Where it is desired to reserve an area of a churchyard, which is open or closed for
burials, for the interment of cremated remains, a faculty is required and the conditions
attaching to such faculty must be complied with strictly.
5.5 Where a churchyard is closed for burials, a faculty is required before cremated
remains may be interred in it, unless the interment is in an area of such churchyard which
has been reserved by faculty for such interments.
5.6 No memorial may be erected on the site of buried cremated remains, unless a faculty
has been issued in respect of an area set aside for cremated remains or unless the
interment has been in a family grave. Wherever possible an existing memorial should be
used to add an appropriate inscription, but, if there is insufficient space, a small stone of
the same material as the existing memorial may be placed immediately in front of the
existing memorial provided the additional stone is laid flat and slightly below the level of
the surrounding ground.

5.7 A faculty is always required before cremated remains may be deposited in a church.
Such a faculty will only be granted in exceptional circumstances.

5.8 All interments of cremated remains must be recorded in the Burial Register.

 6. Regulations for Memorials and Inscriptions

6.1 The relatives or personal representatives of a deceased person buried in a churchyard
have no right to erect a memorial over the grave. Permission is required before any
memorial can be erected.
6.2 No memorial stone shall be erected within six months of a burial.
6.3 No order should be placed with any mason for a memorial before the necessary
permission has been obtained in writing.
6.4 By custom limited authority is delegated to Incumbents and Priests-in-Charge to
permit the erection of memorials which come within the limits of that delegated authority.
6.5 Where it is desired to erect a memorial which falls within the limits of the delegated
authority, written application, giving full details of both memorial and inscription, must be
submitted by the mason on behalf of the family of the deceased or by a member of that
family to the Incumbent or Priest-in-Charge for his/her approval and his/her written
consent must be obtained before any work is put in hand.
6.6 Where the Incumbent or Priest-in-Charge is uncertain whether the proposed memorial
comes within the limits of the delegated authority or is in any way doubtful about the
suitability of it, he/she must consult the Archdeacon and advise the person applying for
permission that a faculty may be needed. The Diocesan Chancellor is always willing to
help in cases of difficulty, if approached through the Diocesan Registry or the Archdeacon.
6.7The Incumbent or Priest-in-Charge may permit memorials to be erected only if they
come within the following defined limits:
6.7-1 Memorials must be of hardwood or natural stone but not of any kind of marble,
granite or slate.
6.7-2 Stone shall not be finished with a polished or reflecting surface.
6.7-3 Headstones or crosses shall not be greater or less than the following dimensions:
Maximum: 1200mm x 900mm x 150mm (4’ 0” x 3’ 0” x 6”)
Minimum: 750mm x 500mm x 50mm (2’ 6” x 1’ 8” x 2”)
6.7-4 All headstones and crosses must be securely fixed in the ground and due regard
must be paid to the nature of the ground and the risk of settlement.
6.7-5 A headstone or cross may stand on a stone base of the same stone as the
headstone, provided that it is an integral part of the design and does not project more than
100mm (4”) beyond the headstone in any direction, except where a receptacle for flowers
is provided, in which case this must be flush with the top of the base and may extend up
to 150mm (6”) in front of the headstone. The base must be fixed on a foundation slab,
which is flush with the ground so that a mower may pass freely over it. The foundation
stone must extend from 75mm (3”) to 150mm (6”) all round the base.
6.7-6 Memorials in the shape of vases, books, images or statues, or comprising kerbs,
railings or chippings are not allowed. Grave mounds are also not permitted.
6.7-7 Inscriptions must be simple and reverent, and appropriate to a churchyard. The
dates of birth and death or the life-span with the date of death of the deceased must be
stated. Relationships must be stated accurately. Relations named should be limited to
parents, children and spouse and, if space is available, grandparents may also be
named. Pet or nicknames should be avoided. Quotations compatible with the Christian
faith are permitted.
6.7-8 No photograph or coloured drawing as part of a memorial shall be allowed.
6.7-9 Any illustration carved on a memorial must be appropriate to the occupation or
interests of the deceased.
6.7-10No advertisement or trademark shall be inscribed on a gravestone. The name of
the mason may be inscribed at the side or on the reverse of the gravestone in unpainted
and unleaded letters no larger than 15mm (1/2”) in height.

6.8 The limits set out in paragraph 6.7 above apply only to graves where bodies have
been interred. Reference should be made to paragraph 5 above where cremated remains
are buried.
6.9 Where it is desired to erect a memorial, which falls outside the limits set out in
paragraph 6.7 above, a faculty is required before it is erected.
 7. The Sward
7.1 Bulbs and small plants may be planted in the soil of any grave.
7.2 Plants and flowers may be placed in a removable sunken container, which preferably
should be made of unpolished aluminium.
7.3 Wreaths and cut flowers may be laid on any grave or set in containers as above.
They must be removed when they appear withered.
7.4 No artificial flowers may be placed on any grave other than Remembrance Day
poppies on graves of men and women who served in the armed forces.

8. Incumbents and Priests-in-Charge have at times a very delicate pastoral duty to

discharge in discussing with bereaved relatives the appropriate type of memorial.
Parochial Church Councils can help their Incumbents and Priests-in-Charge in this matter
by passing a formal resolution adopting paragraphs 5, 6 and 7 of these Regulations.
 9. Care of Churchyards
9.1 The Parochial Church Council is responsible for the care and maintenance of the
churchyard, and together with the Incumbent are occupiers of it for the purposes of the
Occupiers’ Liability Acts 1957-1984. These Acts place on occupiers a duty of care to see
that a visitor in the churchyard will be reasonably safe.
9.2 Therefore there is a duty to ensure, particularly but not exclusively, that walls, trees
and memorials are regularly inspected to ensure that there is no risk of danger to any
visitor.
9.3 There is also a duty in law on the person who caused a memorial to be erected to see
that that memorial is kept in proper repair. This duty is entirely separate from the duty of
an occupier, who cannot escape liability by the existence of this duty. However, when
such person moves or dies, it is often not possible to trace that person or to locate the
heirs at law of the deceased to enforce repairs or recover the cost. The burden of
maintenance in effort and cost thus often falls on the Parochial Church Council.
9.4 Reference should be made to the separate written guidance on the care of trees
already issued (see Appendix IV).
 10. Alterations to Churchyards
10.1 A faculty is required before any alteration can be made in a churchyard or burial
ground, other than interments, the erection of memorials as provided in these
Regulations, and routine maintenance.
10.2 Any Parochial Church Council considering making alterations or improvements to a
churchyard, its paths, boundary walls, fences or hedges must seek the advice of the
Diocesan Advisory Committee.
10.3 Where proposed work in a churchyard includes the levelling of grave mounds or the
repair, removal or relocation of headstones or grave kerbs, the Parochial Church Council
must consult the Archdeacon or the Diocesan Registrar and obtain directions as to the
proper procedure to be followed before a faculty is sought or any work is put in hand.

11 These Regulations are issued after consultation with the Diocesan Advisory Committee
and with the approval of the Bishop of Portsmouth
Christopher Clark
Chancellor

 APPENDIX IV - TREES IN CHURCHYARDS

These notes of guidance are given by the Chancellor, in consultation with the Diocesan
Advisory Committee, as required by section 6(3) of the Care of Churches and
Ecclesiastical Jurisdiction Measure 1991.
 1. General
1.1 Every Parochial Church Council has the responsibility, under civil and ecclesiastical
law, for caring for all the trees in the churchyard, whether the churchyard is closed or
remains open for burials. Damage to persons or property caused by trees may give rise
to claims for damages, where trees are not properly cared for or inspected. It is
necessary therefore for Parochial Church Councils to seek and follow expert advice about
the planting, felling, lopping and topping of trees in churchyards.
 2. Town and Country Planning Act 1990
2.1 Where any tree is subject to a tree preservation order made under section 198 of this
Act, or is in a conservation area in respect of which no tree preservation order is for the
time being in force, restrictions are imposed by the Act upon cutting down, topping,
lopping and other acts to the tree in question (see sections 198 and 211). These
restrictions do not apply where the tree is dying, dead or has become dangerous (section
198 (6)(a)). In any other case the consent of the local planning authority will have to be
obtained before anything is done to the tree.
2.2 The Parochial Church Council should always be aware which of its trees come within
the ambit of the 1990 Act.
2.3 In addition to local authority planning consent, consent may also be required from the
Archdeacon or by way of faculty for work to be done to trees, which come within the terms
of this Act (see below).
 3. Expert Advice
3.1 Many local authorities employ an arboricultural officer, who should be able to give
advice about tree safety and the type of tree maintenance required.
3.2An arboricultural consultant is an independent person with special experience in the
assessment and care of trees, and able to give advice on what work should be
undertaken. A report from such a consultant would be evidence that a parochial church
council had acted in a responsible manner, as expected by law and required by insurance
companies. Consultants do, of course, charge for their advisory work.
3.3 An arboricultural contractor, often known as a tree surgeon, will undertake work
recommended by a consultant or on the basis of his own recommendations.
3.4 It is very important that advice sought and given and work done should be of proper
quality. The Parochial Church Council can approach either the Diocesan Advisory
Committee or the Directory of Arboricultural Consultants and Contractors (Tree
Surgeons). The Directory is maintained by the Arboricultural Association, which is a
registered charity, and its address is: Ampfield House, Ampfield, Nr Romsey, Hants SO51
9PA. Listing in the Directory is an assurance of competence.
 4. Inspection of Trees
4.1 The need for full and regular inspection of trees increases with their age. Expert
advice should be obtained about the necessary frequency of inspections.
4.2 Any tree subject to a tree preservation order must be inspected by the person carrying
out the quinquennial inspection of the church under the Inspection of Churches Measure
1955 (see the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, Schedule
3 paragraph 3). The Inspecting Architect or Surveyor should therefore be informed about
all tree preservation orders applying to trees in the churchyard and any concern
expressed in the report should be referred to an appropriate expert.
 5. Planting Trees
5.1 The parochial church council should seek expert advice about the suitability of any
proposed species of tree before planting and also the suitability of the proposed location.
5.2 The consent of the Archdeacon should be obtained before any planting is done, but,
where a scheme of planting is proposed, the advice of the Diocesan Advisory Committee
and a faculty from the Chancellor will be required.
 6. Felling Trees
6.1 Where expert advice has been received that a tree should be felled because it is
diseased or for safety reasons, a copy of the written advice should be sent to the
Archdeacon for his authorisation for such felling.
6.2 Where it is desired to fell a sound tree occupying space, which the Parochial Church
Council wishes to use for some other purpose, the advice of the Diocesan Advisory
Committee and a faculty from the Chancellor must be obtained.
 7. Lopping and Topping Trees
7.1 Standard remedial work, such as the removal of split and hanging limbs or major
deadwood, may be carried out by any arboricultural contractor mentioned in the Directory
of the Arboricultural Association or approved by the Diocesan Advisory Committee.
7.2 Other works of tree surgery, such as cable bracing, crown reduction and removal of
major limbs, must be recommended in a written report by an expert. The report must be
sent to the Archdeacon, who may authorise the work or refer the matter to the Diocesan
Advisory Committee and the Chancellor.
 8. Keeping of Records
8.1 The Parochial Church Council should keep a written record of the planting of and work
on all trees in the churchyard. Where appropriate, photographs should be included.