Property
>> Churches, Halls & Rectories

Contents

• Churches
  • What is a church?
  • Construction of new churches
  • Licensing and consecration of churches
  • Name of a church
  • Use of the church
  • Persons permitted to officiate in a church
  • Use of a church by other denominations
  • Repair and maintenance of a church
  • Alterations to a church
  • Closing a church
• Halls
  • Construction of new halls
  • Use of a hall
  • Use of halls by non-parish groups
  • Repair and maintenance of the hall
  • Alterations to a hall
• Rectories
  • What is a rectory?
  • Construction or purchase of a rectory - the rectory requirements
  • Repair and maintenance of the rectory
  • Alterations to the rectory
    • Approval for a minister to reside other than in a rectory
  Building and construction works - obtaining the Archbishop's approval
• Faculties
  • When is a faculty required?
  • Faculties not transferable
  • Procedure for applying for a faculty
• Use of buildings for public entertainment
• References

Churches

What is a church?

For the purposes of this section, a church is a building which has been duly consecrated or licensed by the Archbishop for the celebration of "divine service". In this context, "divine service" is a service provided for in the Book of Common Prayer or An Australian Prayer Book, with such variations as are permitted in the relevant church.

Construction of new churches

If a person or corporation wants to provide land as the site for a church, or a building which includes a church, the approvals of the Archbishop and the Property Trust are to be first obtained and then the land is to be transferred to the Property Trust. These requirements do not apply if a person wants to provide land by will.

Before a building intended for use as a church can be constructed, the plans and specifications are to receive the Archbishop's approval. See Building and construction works - obtaining the Archbishop's approval for information about the procedure for obtaining the Archbishop's approval. The Archbishop's approval is in addition to the other approvals which are required from the local municipal council and other statutory authorities.

Licensing and consecration of churches

No building intended to be used regularly for divine service may be used for that purpose unless the building has been licensed or consecrated as a church.

An application for a licence or sentence of consecration may be made by the minister or trustee of the building. An application form is available from the Registrar. If the Archbishop approves the application, a licence is prepared and read during the first service in the building.

A building cannot be licensed or consecrated as a church until the land on which the building is erected has been vested in the Property Trust or another trustee approved by the Archbishop-in-Council. In addition, the building is to have been provided with all things as may be required according to the law and usage of the Anglican Church in the Diocese of Sydney.

A church may be consecrated when it is free of debt and complete in its structure and furnishings.

Name of a church

The name of a church is that specified in the licence or sentence of consecration. The name of a church may only be changed by the Archbishop at the request of the minister and wardens, if any. See Church Grounds and Buildings Ordinance 1990 (clause 6(6)).

Use of the church

A church may only be used for one or more of the following purposes -

(a) the celebration of divine service,

(b) the giving of religious instruction in accordance with the fundamental Declarations and Ruling Principles of the Anglican Church of Australia as specified in the 1961 Constitution,

(c) the conduct of a vestry or prayer meeting,

(d) such other purpose or purposes, being similar to or different from any purpose referred to in (a), (b) or (c), as the Archbishop may approve in writing from time to time.

The minister is entitled to access to the church at all times and, in the church, may celebrate divine service without interference. The church is not to be used for a purpose not sanctioned by the minister.

The Archbishop can use St Andrew's Cathedral, St John's Pro-Cathedral Parramatta and St Michael's Pro-Cathedral Wollongong for ordinations and on all other occasions appointed by him, and can officiate and preach in those buildings. The Bishop of Western Sydney has similar rights in relation to St John's Pro-Cathedral Parramatta and the Bishop of Wollongong has similar rights in relation to St Michael's Pro-Cathedral Wollongong.

Persons permitted to officiate in a church

A person cannot celebrate divine service or preach a sermon in a church unless -

(a) in the case of a bishop or priest, the person has been licensed or approved by the Archbishop or a Regional Bishop, or

(b) in the case of a deacon, the person has been licensed or approved by the Archbishop or a Regional Bishop, or

(c) in the case of a lay person, the person has been authorised to celebrate divine service or preach under the Deaconesses, Readers and Other Lay Persons Ordinance 1981.

Use of a church by other denominations

A church of another denomination which professes the apostolic faith may use an Anglican Church if the requirements of the Use of the Church Property Ordinance 1995 are satisfied. In brief, that ordinance requires the following -

(a) An application for approval is to be made to the Archbishop. The application is to be accompanied by the written consent of the minister and the majority of the parish council (if any) or, if there is no parish council, a majority of the wardens of the parochial unit in which the church is situated.

(b) In the case of non-ocassional use, the Regional Archdeacon is to report to the Archbishop about the basis of the faith held by the group seeking to use the church building.

(c) In the case of non-ocassional use, the Regional Archdeacon is to confirm to the Archbishop that he is in possession of a draft agreement relating to the proposed use. The agreement is to be in a form approved by the Property Trust.

(d) If the Archbishop is satisfied that the profession of faith of the other church is Bible-based, he may approve the use.

A Regional Bishop may give approval on behalf of the Archbishop if authorised by the Archbishop.

This procedure shows that early consultation with the Regional Archdeacon is vital in ensuring that applications for approval are dealt with expeditiously. Information about the form of draft agreement approved by the Property Trust is available from the Property Trust.

Repair and maintenance of a church

The wardens are responsible for the care and repair of the church and its furniture. See also Building Works Kit.

Alterations to a church

The approval of the Archbishop is required before a church building can be altered. See Building and construction works - obtaining the Archbishop's approval. In addition, where the fabric, utensils, ornaments or furniture of a church are proposed to be affected, a separate approval from the Archbishop is also required. See Faculties.

If the church is a heritage building, specific approvals from heritage authorities may be required before the church can be altered. See Heritage Buildings.

Closing a church

If the minister or wardens of a church, or the Regional Archdeacon, come to the view that a church should be closed they should -

(a) discuss the proposal with the parish council of the relevant parochial unit, and

(b) consult with the minister of the church and/or the Regional Archdeacon and obtain his or their views, and

(c) convene a vestry meeting of the church to ascertain the views of the parishioners, and

(d) if considered appropriate, recommend to the Archbishop that services be discontinued and the church be closed.

A recommendation to the Archbishop that a church be closed should contain -

(a) the reasons for closure, and

(b) an assurance that there is no disagreement over the proposal or, if there is disagreement, details thereof, and

(c) a declaration from the wardens of the other or another church in the parochial unit and the parish council that they will assume responsibility for the payment of rates and other outgoings, and the care of the property, buildings and furnishings, and

(d) a report on any funds for which the wardens of the other or principal church and the parish council are to become responsible, and

(e) a list of any valuable items and details of where they will be stored, and

(f) the arrangements made for the removal of any memorials and for their storage, and

(g) an indication of a possible future of the property, and

(h) the consent in writing of a minister (if any) of the parochial unit in which the church is situated.

After receipt of the recommendation the Archbishop may revoke the licence or sentence of consecration of the church. Upon the revocation of the licence or sentence of consecration, the church is considered to have been closed.

Halls

Construction of new halls

Before a building intended for use as a hall can be constructed, the plans and specifications are to receive the Archbishop's approval. See Building and construction works - obtaining the Archbishop's approval for information about the procedure for obtaining the Archbishop's approval. The Archbishop's approval is in addition to any approvals required from local council or other statutory authorities.

Use of a hall

The minister is entitled to free use of the hall for such parochial purposes as he determines, subject to the trusts of the property and any legally binding arrangements made by the trustee of the property with the approval of the parish council. The hall is not to be used for any purpose not sanctioned by the minister and the wardens acting together. In any decision about the use of a hall the minister has both a deliberative and a casting vote.

Care must be taken to ensure that halls are not used for public entertainment without the appropriate local council approval. See Use of buildings for public entertainment.

Use of halls by non-parish groups

Requests from non-parish bodies or groups to use a hall are common. If a request is received, the wardens of the church with which the hall is associated should consider, among other things -

(a) whether the use of the hall is permitted by the trusts on which the land is held, and

(b) whether the use is consistent with the zoning of the land, and

(c) whether the use of the hall will render the land liable to rates, and

(d) whether the hall is required to be licensed for public entertainment, and

(e) whether the proposed use will prejudice property and legal liability policies insurances and whether the user is required to effect his or her own insurances, and

(f) documentation of the terms on which the use of the hall is permitted (see Property Trust, Leases and Licensing).

The Property Trust has prepared detailed information about the use of halls by non-parish groups.

Repair and maintenance of the hall

The wardens are responsible for the care and repair of the hall. See also Building Works Kit.

Alterations to a hall

The approval of the Archbishop is required before a hall can be altered. See Building and construction works - obtaining the Archbishop's approval.

Rectories

What is a rectory?

The rectory is the home of the minister and his family and they are entitled to free use of the rectory, its garden and outbuildings. The rectory is not to be used for any purpose not sanctioned by the minister.

Construction or purchase of a rectory - the rectory requirements

A rectory is to comply with the guidelines as to size and construction made available under clause 4 of the Church Grounds and Buildings Ordinance 1990. Copies of these guidelines can be obtained from the Regional Archdeacon. Additionally, the rectory is to be maintained in good repair and -

(a) have the floors covered or finished with suitable material in good condition, and

(b) have curtains or blinds, in good condition, fitted to appropriate windows, and

(c) have suitable light fittings, in good condition, in each room.

If a parochial unit does not have a rectory that complies with the rectory standards, the following consequences result -

(a) if the parochial unit is a provisional parish, it will be ineligible to obtain parish status, and

(b) if the parochial unit is a parish, it may not elect representatives under clause 8 of the Presentation and Exchange Ordinance 1988.

See the paragraph on Building and construction works - obtaining the Archbishop's approval for the approvals required to construct a rectory. Those approvals are in addition to any approvals required from local council or other statutory authorities.

Repair and maintenance of the rectory

The wardens are responsible for the care and repair of the rectory. See also Building Works Kit.

Alterations to the rectory

The approval of the Archbishop is required before the rectory can be altered. See Building and construction works - obtaining the Archbishop's approval.

Approval for a minister to reside other than in a rectory

The Archbishop will carefully consider an application from a parish for a minister to live in a residence other than in a parish rectory, provided that the parish maintains ownership and availability of a rectory standard residence.

Building and construction works - obtaining the Archbishop's approval

The approval of the Archbishop is to be obtained before a building intended for use as a church or hall may be erected or altered, or before a house for the use of clergy or other members of the Anglican Church of Australia may be erected or altered structurally.

If approval is given subject to conditions, the relevant works may only be executed if the conditions are satisfied or complied with.

The procedure for obtaining the Archbishop's approval is as follows -

(a) An application for approval is to be lodged with the bishop or the archdeacon of the region in which the relevant parish is situated. The application is to -

(i) be approved by resolution of the parish council of the relevant parish, and

(ii) be signed by the minister and a majority of the members of the parish council of the relevant parish, and

(iii) be accompanied by site plans, building plans and specifications relating to the proposed works (prepared by a suitably qualified person substantially in accordance with the current guidelines of the Regional Architectural Panel), and

(iv) contain sufficient information to satisfy an architectural panel that arrangements will be made for the proper and adequate supervision of the proposed works.

(b) The regional bishop or the regional archdeacon will refer the application to the Regional Architectural Panel. The function of the Panel (whose members are appointed by the Archbishop) is to consider the application and make a recommendation to the Archbishop about whether the application should be approved (unconditionally or conditionally), or should be rejected.

(c) On receipt of the recommendation, the Archbishop either approves the application (unconditionally or subject to conditions), or rejects the application.

At any time before an approval is given the minister of the relevant parish, if requested by the Archbishop or the Regional Architectural Panel, is to refer the application to the parish council for further consideration. Any resolution of the parish council is to be notified in writing to the Archbishop or the Regional Architectural Panel as soon as reasonably possible after it is made.

The approval of the Archbishop for building and construction works does not deal with the question of any furnishings and plaques which are to be provided for or transferred into the building. Objects in this latter category must be the subject of a separate application for a faculty.

The Archbishop has delegated his powers to approve building and construction works to the Regional Bishops.

Faculties

When is a faculty required?

Under the ordinances of the Church it is not lawful -

(a) to alter, add to or take away from the fabric, utensils, ornaments or furniture of a church, or

(b) to place any monument, memorial or tablet in or on any part of a church or church trust property, or

(c) to erect any wall on church trust property in which to inter the ashes of any deceased person or use any such wall for that purpose,

except with the approval of the Archbishop by faculty or other form of authority.

In addition, a faculty is required before -

(a) a fixed memorial can be moved to another fixed position or removed from its present position and disposed of by the wardens, and

(b) a movable memorial (ie utensils, vases, hymn books, etc) can be removed from the church in which it is located and disposed of by the wardens.

The following items do not require a faculty (unless they are memorials) but require the Regional Archdeacon's approval -

(a) redecorating of a building (if the same colour scheme is adopted)

(b) carpet or other floor coverings (if matching or replacing existing ones)

(c) Communion vessels

(d) Communion linen (if matching or replacing)

(e) alms dish

(f) book rests

(g) hymn or psalm board

(h) vases

(i) flower or palm stands

(j) offertory plates or other receptacles for offerings

(k) baptismal ewer

(l) church bell

(m) book cupboards

(n) organ blower

(o) lighting

(p) amplification

(q) service books and markers

(r) kneelers

(s) cushions

(t) banners of recognised church organisations

(u) overhead projector, screen and audio visual equipment.

Faculties not transferable

A faculty granted for a utensil, ornament, item of furniture, memorial or other thing placed in a church or on church trust property is for that building or that property only. If a church building is to be replaced, a fresh application is to be made for approval to remove the utensil etc from the present building and dispose of it or to place it in the new building.

Procedure for applying for a faculty

The following procedure applies for applying for a faculty -

(a) The application is to be made in writing to the Registrar on a form available from the Registrar.

(b) The application must be signed by a minister and a majority of the members of the parish council of the relevant parish.

(c) In the case of a fixed memorial, the applicants are to lodge with the application a plan showing the dimensions and subject matter of the application. In the case of a memorial window, tablet or monument, a tracing of the design showing the dimensions and the wording of the proposed inscription must be provided.

(d) Upon receiving an application, the Registrar will issue to the minister and wardens a notice or notices which are to be placed in a prominent position at each entrance to the relevant church, and remain posted for at least 14 clear days from the first date of posting.

(e) Objections to the granting of the faculty may be made to the Registrar within 21 days from the date of the notice. An objection is to be made in writing and be signed by the objector or objectors and state the grounds of objection.

(f) If an objection is lodged, the Regional Archdeacon is required to convene a meeting of the Archdeacon (or his appointee), the minister, the parishioners of the church and any objector to facilitate discussion to resolve any dispute to the satisfaction of all parties concerned. The Archdeacon (or his appointee) is to report to the Archbishop on the application, the matters in dispute, the results of any vote taken at the meeting and any other matter considered relevant.

(g) The Archbishop considers applications after the time for objections has expired or, if an objection has been received, after receiving the report from the Regional Archdeacon or his appointee.

(h) The Registrar notifies the parties and the Regional Archdeacon of the Archbishop's decision.

Use of buildings for public entertainment

Under the Local Government Act 1993, a person must not use or permit a building to be used for public entertainment without the prior approval of the local municipal council. The reason for regulating the use of buildings is to ensure that minimum safety and technical standards are maintained in relation to buildings used by the public.

"Public entertainment" is any entertainment to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission. Entertainment does not cease to be public entertainment merely because -

(a) some (but not all) persons may be admitted to the entertainment without charge; or

(b) payment, or other consideration, is made as the charge for a meal or other refreshment or for any other service or thing; or

(c) a charge is made after admission to the entertainment has been granted.

References

• Church Administration Ordinance 1990: clauses 2, 18 and 20
• Church Grounds & Buildings Ordinance 1990: clauses 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11
• St John's Provisional Cathedral Parramatta Ordinance 1969: clauses 22 and 23
• St Michael's Provisional Cathedral Wollongong Ordinance 1969: clauses 22 and 23
• Use of Church Property Ordinance 1995: clauses 3, 4, 5

Updated: 24 April 2006

If you have any questions about Churches, Halls and Rectories please email us at infosec@sydney.anglican.asn.au

The contents of this document are for general information only. No person should rely on the contents of this document without first obtaining advice from a qualified professional person. Neither the Anglican Church Diocese of Sydney nor any organisation thereof is responsible for the results of any action taken on the basis of the contents of this document, nor for any error in or omission from this document.

 

 

 

Current as at 23 March 2010