Emergency faculty work: procedure for an application for a licence to proceed in advance of faculty
An application may be made to the Chancellor for a Licence to Proceed in Advance of Faculty to enable emergency works to be put in hand before a Faculty has been issued. A Licence to Proceed in Advance of Faculty is only available where there is a real and immediate emergency to the fabric of the building or risk of injury to a member of the public. Such a Licence authorises works to be done before the DAC has been consulted and given its advice, and before Public Notice has been displayed. However, it is still necessary to obtain a confirmatory faculty in relation to the work.
An application for a Licence to proceed should only be made for emergency repair work where the following circumstances apply:-
- risk of personal injury (e.g. precarious brickwork or stonework, structural instability following fire),
- risk of ingress or water penetration to a degree which is more than likely to cause serious damage to the fabric of the building or its contents (e.g. following storm or wind damage or theft of roof coverings or other criminal damage or vandalism),
- subsidence which puts fabric (e.g. stained glass) in immediate danger
- dry rot or other wood infestation which is likely to spread rapidly.
The Chancellor has issued a Practice Direction: Application for an Interim Faculty (Practice Direction 2014 No 1) which sets out the procedure for applying for a Licence to Proceed in Advance of Faculty. The Practice Direction describes the information and reports which are required to be sent in support of an application.
Concerning the theft of lead or copper roof covering and/or lead flashings where the Church building may be left vulnerable to further damage by wind or water ingress, the Chancellor issued a Practice Direction: Theft of Lead and Lead Flashings (Practice Direction 2014 No 3). This gives specific Directions for dealing with these circumstances and the information he requires to support an application for a licence to proceed.
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