Church Property in the Parish

What follows is a summary of the position concerning church property in the parish. It is intended as an initial guide and should not be treated as a definitive guide to the law. 

1. BENEFICE PROPERTY
   The church, churchyard and parsonage are vested in the incumbent (vicar or rector) as a corporation sole. If there is no incumbent (eg if there is a priest in charge) then the freehold is in abeyance.
   1. Church
      1. Maintenance
         The responsibility for maintaining the fabric of the building rests with the PCC to the extent that it has funds to do so.
         Most works to the church building will require a faculty from the diocesan chancellor. 
      2. Disposal
         A church building can only be disposed of by means of a Pastoral Church Building Scheme under the Mission and Pastoral Measure.
   2. Churchyard and Burial Ground
      1. Maintenance
         The responsibility for maintaining the churchyard (and a burial ground which is not annexed to the church if it is benefice property) rests with the PCC to the extent that is has funds to do so. The local authority may be prepared to contribute to maintenance costs under section 137 of the Local Government Act 1972.
      2. Alterations
         The churchyard will normally be subject to the jurisdiction of the Consistory Court of the Diocese and all changes (eg the setting aside an area for the burial of ashes or making part of it into a car park) will need a faculty from the diocesan chancellor. Headstones and memorials will either need a faculty or to be authorised under the diocesan churchyard regulations
      3. Disposal
         A Churchyard or burial ground (or part of it) may only be disposed of by a pastoral scheme under the Mission and Pastoral Measure 2011.
   3. Parsonage (Vicarage or Rectory)
      1. Maintenance
         The responsibility for maintenance rests with the Diocesan Parsonages Board under the Repair of Benefice Buildings Measure 1972. This is an absolute statutory duty and arises even if the Board has exceeded its budget or if the parish has not paid its parish share.
      2. Disposal
         Under the Church Property Measure 2018. This will be used when it is intended to replace the parsonage with a more suitable house. The incumbent must consent and sign the relevant documents. (If there is no incumbent the bishop signs the relevant documents) The PCC and patron must be informed and have a right to object. The Church Commissioners must consider the objection and decide whether the sale should go ahead.
         Under a Pastoral Scheme under the Mission and Pastoral Measure 2011. Pastoral re-organisation may mean that a parsonage is not required for an incumbent. The Scheme should state what is to happen to such a house. It can be
         • designated as a parsonage of a new benefice
         • designated as a team vicar’s house and transferred to DBF
         • transferred to the DBF for diocesan purposes
         • transferred to the DBF for parochial purposes
         • transferred to the DBF for disposal
         • transferred to the DBF as glebe
         • transferred to the Diocesan Parsonages Board (for use of an office holder eg an assistant curate)

Those involved in pastoral reorganisation should take care to ensure that the most appropriate route is used. 

With any method of disposal where the PCC is to be consulted, you should ask for a cost benefit analysis of what is proposed.  That analysis should take into account the practical advantages of a parsonage, such as meetings, small social events, prayer groups, bible study, Lent courses, confirmation classes and so on.  This is particularly important if there is no alternative arrangement offered.

NB If transferred to the DBF for diocesan purposes the DBF can then sell later without consulting the PCC or patron (see Barnes v Derby DBF). Where there is concern about the house it is preferable to transfer it to the DBF as glebe rather than for diocesan purposes. There will then be opportunity for further comment if and when a sale is proposed.

Incumbents, team vicars, PCCs and patrons have a right to make representations about pastoral reorganisation with the Church Commissioners determining whether it should go ahead (and sometimes a right to appeal to the Privy Council). 

2. OTHER PROPERTY
   There may be other property in the parish eg chapels of ease, church halls, houses for curates etc. The ownership and management of these will vary. They may be vested in trustees or in the DBF as custodian trustee with the PCC as managing trustee. Advice should be sought before attempting to deal with them. A chapel of ease may or may not be subject to the faculty jurisdiction and trust property may be held on terms restricting its use.