This guide, which applies with effect from 1 August 2016, is for —
Other persons wishing to apply for a faculty should seek the advice of the Diocesan Registrar, eg. for authorising —
- a gravestone or other memorial in a parish burial ground, permission for which under the Vicar General's delegated authority has been refused
- exhumation of human remains (including cremated remains)
Fees may be payable on such applications: see the Church Legal Fees (Isle of Man) Order 2016.
This guide is only a summary of the procedure, which is set out in detail, together with the forms, in the Faculty Jurisdiction Rules (Isle of Man) 2016.
Parishes are reminded that works may require planning approval or registered building consent under planning law, in addition to a faculty or other authorisation under Church law.
Sodor and Man Diocesan Registry
York YO1 9PP
Diocesan Advisory Committee
4 Oak Road
Isle of Man IM5 1WN
Archdeacon of Man
St George's Vicarage
16 Devonshire Road
Isle of Man IM2 3RB
Most work to a church building or churchyard requires a faculty, but there are other kinds of authorisation, depending on the nature of the work being proposed.
A summary of the kinds of authorisation available
The level of authorisation depends on the kind of work to be carried out —
- certain minor works in List A may be carried out without any authorisation, subject to conditions
- other minor works in List B (which includes work identified in the Quinquennial Inspection report) may be carried out, subject to conditions, if authorised in writing by the Archdeacon (who may impose additional conditions); if he refuses, application must be made for a faculty;
a request for such authorisation should be made in the appropriate form (PDF or Word)
- temporary minor re-ordering of a church or chapel may be carried out under the Archdeacon's licence; this expires after the period stated in it (which cannot exceed 15 months); the building must then be reinstated
- a faculty granted by the Vicar General in the Consistory Court is normally required for any other proposals; in that case the following steps must be taken.
If the parish is not sure in which category the works fall, the Archdeacon should be consulted.
The parish must formally request the advice of the Diocesan Advisory Committee ("DAC") before making a faculty application. The parish may also seek the DAC's informal advice at an early stage, in advance of making a formal request; this is often helpful before time and money are spent working up the detail.
If informal advice is sought, clear details of what is proposed should be supplied, including —
A request for formal advice should be in the recommended form (PDF or Word), and must be accompanied by the following documents:
If the proposals involve changes to a building entered in the Protected Buildings Register (a "registered building"), the following documents must also be supplied —
The DAC may require additional information from the parish, or recommend a change in the proposed specification of the work. If the DAC is able to give its definite opinion at the meeting, the Secretary will send its notification of advice in Form 2 to the parish. The DAC's advice will be that it —
The minister and churchwardens complete and sign the application for a faculty in Form 3 (PDF or Word), and submit it to the Diocesan Registrar with the following documents —
The parish must display the public notices in Form 4 (PDF or Word) for 28 days in order to allow members of the public as well as members of the congregation and other interested parties the opportunity to consider the proposals and to raise any objections with the Diocesan Registrar. The parish must also display the key drawings and associated documents.
On completion of Step 5, the parish confirms in writing to the Diocesan Registrar that the notices have been displayed.
The Vicar General decides whether or not to issue a faculty, taking into account any representations from the public, statutory consultees or other interest groups. The Diocesan Registrar informs the parish accordingly. Only on receipt of the faculty from the Registrar can the parish legally proceed with the works. The faculty is a document in Form 7, sealed with the seal of the Court and signed by the Registrar.
Additional procedures, including a sitting of the Consistory Court, may be invoked if there are significant objections to the proposals.
The Registrar sends to the applicants with the Faculty a certificate of practical completion of the works (Form 8). This form is to be completed within 28 days of practical completion, signed by the applicants or a person authorised to act on their behalf and returned to the Registrar.