Archdiocese of Birmingham Historic Churches Committee and Committee for Art and Architecture THE CARE OF CHURCHES A guide for clergy and parishes Further copies available from Executive Secretary, Historic Churches Committee The Presbytery, Friars Lane, Lower Brailes, Banbury OX15 5HU
OUR CHURCHES Church buildings exist for the worship of God and to serve the mission of the Church. They are sacred buildings which need and deserve to be cared for and cherished. Canon Law requires that clergy must carefully supervise the administration of goods (Canon 1276) and take special care that damage will not be suffered by the Church through the non-observance of the civil law (Canon 1284 2, 3o). Bishops are charged with the responsibility of exercising vigilance over the remodelling of places of worship and to protect works of art and sacred furnishings. In the Archdiocese of Birmingham (in common with all the dioceses of England and Wales) this vigilance is exercised by the Historic Churches Committee (for listed buildings) and the Committee for Art and Architecture (for non-listed buildings). The Committee is made up both of priests and a variety of lay experts including architects, artists, art historians and representatives of English Heritage and the national amenity societies. The members are appointed by the Archbishop for a three year term. LISTED BUILDINGS When buildings are listed they are placed on statutory lists of buildings of special architectural or historic interest compiled by the Secretary of State for Culture, Media and Sport under the Planning (Listed Buildings and Conservation Areas) Act 1990, on advice from English Heritage. Listing draws attention to the fact that the church is of special architectural and/or historic interest. Listed buildings are classified in three grades: Grade I Buildings of exceptional and usually national interest. Grade II* Grade II Particularly important buildings of more than special interest. Buildings of special interest, which warrant every effort being made to preserve them. It is a matter of pride that so many Catholic churches are recognised to be of such quality and importance. Anyone can propose a building for listing and the Historic Churches Committee regularly considers if a particular church should be recommended. Listing has the force of law and it is a criminal offence to alter, extend or demolish a listed building without consent. Listing is not intended to fossilise a building. Listing ensures that the architectural and historic interest of the building is carefully considered before any alterations, either outside or inside, are agreed. It is possible to obtain consent for the alteration or extension of a listed building and this is normally granted by the local planning authority. In the case of places of worship in use, however, the Ecclesiastical Exemption applies. The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 2010 enables the Church to exercise its role as the steward of its own built inheritance. It means that listed building consent for works in Catholic churches is given by the Historic Churches Committee, through a faculty issued in the name of the Archbishop, instead of by the planning authority. The HCC takes into account the nature and purpose of a church as a building for the celebration of the liturgy and its pastoral and missionary roles when considering any proposals for repairs, alterations or re-ordering. It is essential to realise that whilst listed churches are exempt from local authority listed building control they are subject to the same planning and building regulations as any other building. Planning permission from the local authority will normally be required for any external alterations to a church building. WHAT A FACULTY IS FOR No relevant works may be undertaken except with the authority of a faculty granted on behalf of the Ordinary. Relevant works means any works including partial demolition, alteration, repair or extension which would affect the character of the relevant structure as a building of special architectural or historic interest. This includes any object or structure within the building and any other separately listed structures attached to or within the 2
curtilage of a listed chuch building and which themselves constitute ecclestiastical buildings for the time being in use for ecclesiastical purposes (except presbyteries). The moving or removal of paintings, statues and church furnishings requires consent. Any additions to the building (e.g. statues, banners, notice boards, organs) which are intended to remain in place for longer than six months need approval, as all such items affect the character of the building. Necessary alterations to a listed building required by law to meet health and safety or disability requirements also require consent. Like for like works of repair and maintenance do not generally require consent. The definition of like for like is extremely narrow. Examples of repairs that are not like for like could include Replacement of metal rainwater goods with plastic, or replacing drainpipe hoppers with others of a different size. Replacement of central heating pipes with those of smaller dimensions, or radiators with those of similar size but a different pattern. Redecoration, since even if colours are carefully matched, the specification of the paint is unlikely to be the same as the previous material. HOW TO OBTAIN A FACULTY The fact that a church is listed does not preclude changes, but applicants need to be able to justify their proposals. It is also advisable to employ the services of an architect to prepare applications. This ensures that applications are prepared to a professional standard. The architect should supervise the work to see that it is undertaken properly. Any proposals should be discussed with the Parish Council and Finance Committee and with the Diocesan Treasurer. Contact should be made at the very beginning of the process with the Executive Secretary of the Historic Churches Committee who will provide the necessary application form and guidance notes and also advise on the process, which includes publishing a notice of the proposals in the church and in the local paper inviting comments. Members of the HCC are happy to meet with those concerned and give informal advice. This can be of great help to everyone and prevent delays which can be frustrating and costly. The completed application form, with an accompanying statement of justification giving a detailed explanation of the proposals, and four copies of the relevant drawings, plans and photographs should be returned to the HCC secretary at least six weeks before the date of the next meeting of the Committee. The HCC meets on the third Thursday of January, March, May, July, September and November. Dates are published each year in the Diocesan Directory. The HCC secretary sends copies of the papers to English Heritage, the Local Authority Conservation Officer and the appropriate national amenity society (Georgian Group, Victorian Society or Twentieth Century Society). Those consulted have 28 days to consider the proposals and make comments and the HCC is required to take these into account when it considers the application. Before reaching a decision the HCC may decide to undertake a site visit and may wish to modify the proposals or impose conditions. Applicants are welcome to attend the HCC meeting to present their proposals as well as answer queries. The decision of the HCC will be notified to the applicant, consulted organisations and anyone who has made comments on the proposals. Any of these parties have 28 days in which to appeal against the committee s decision. If no notifications of appeal have been received after 28 days the secretary will issue a faculty on behalf of the Archbishop. The whole process of obtaining a faculty will usually take about three months. 3
NON-LISTED CHURCHES By a decree of the Archbishop all relevant works in churches which are not listed are to be referred to the Committee for Art and Architecture and a faculty obtained for their implementation. The committee adopts the same standards and follows similar procedures to those of the HCC. There is no requirement for consultation with external bodies but this may be recommended in appropriate cases. Again it is emphasised that contact should be made with the secretary at the outset. The Committee for Art and Architecture meets on the same day as the HCC and has the same membership. Applications (two copies) for the Committee for Art and Architecture should be sent to the secretary at least two weeks before the date of the relevant meeting. Members of the committee may make a site visit and parish representatives are welcome to present their proposals to the Committee. QUINQUENNIAL REPORTS The regular maintenance of its buildings is a priority for every parish. An annual programme should be in place, especially for the clearance of gutters and down pipes and basic repair works. This prevents an accumulation of defects. Each church should be inspected every five years by an architect who produces a report on the fabric of the church, identifying work that needs to be done and its relative priority. This enables the parish to keep its church in good order and plan its maintenance programme and budget. A copy of the report should be sent to the secretary of the Historic Churches Committee or Committee for Art and Architecture and the committee will require a copy of the latest report before considering any faculty application. If English Heritage is approached for grant aid, a quinquennial report will have to be submitted with the application. Architects for listed churches should have appropriate experience in the repair and adaptation of historic buildings and an accreditation in building conservation. A list of architects is available on application to the secretary. 4
DOCUMENTS Sacrosanctum Concilium: The Constitution on the Sacred Liturgy (CTS, 2004) General Instruction on the Roman Missal (CTS, 2005) The Operation of the Ecclesiastical Exemption and related planning matters for places of worship in England: Guidance (Department for Culture, Media and Sport, July 2010) The Directory on the Ecclesiastical Exemption from Listed Building Control (Catholic Bishops Conference of England and Wales, 2001) (available from HCC secretary at Cathedral House) Consecrated for Worship: A Directory of Church Building (Catholic Bishops Conference of England and Wales) (CTS, 2006) A Glimpse of Heaven : Catholic Churches of England and Wales (English Heritage, 2006) ADDRESS The Executive Secretary, Historic Churches Committee and Committee for Art and Architecture The Presbytery Friars Lane, Lower Brailes Banbury OX15 5HU Tel. 01608 685259 E-mail: briandoolan@btinternet.com The Historic Churches Committee and the Committee for Art and Architecture are part of the Archdiocese of Birmingham: Registered Charity No. 234216 Birmingham Roman Catholic Diocesan Trustees Registered MMVI 5