Monuments

The Churchyard regulations are a framework of rules shaped by the Chancellor of the Diocese of Oxford, that narrate the way in which the departed are commemorated in churchyards. The regulations are developed after consultation with the archdeacons of the diocese, the DAC and the diocesan registry. The framework of rules acts to achieve a balance between the need for individuals and families to mourn and to commemorate those they love and the needs of the community as a whole, including the needs of others whose relations and friends are also buried in the churchyard. The current Churchyard regulations can be found here.

Nobody can introduce a memorial into a churchyard as a matter of automatic right. Permission is always needed. Because churchyards are consecrated land, authority over them belongs to the consistory court of the diocese and the judge of that court, the Chancellor. But there is a long-standing practice where the Chancellor delegates authority to the minister with cure of souls – the rector, vicar, priest in charge – to grant permission for memorials which meet the requirements of the Churchyard Regulations.

To apply to introduce a memorial into the churchyard the applicant must complete this form.

The application will need to include a description of the proposed monument or ledger stone detailing its size, design, materials, finish and inscription (including the style of lettering to be used).

The applicant must also provide: –

(a)a sketch, plan or marked-up photograph of the churchyard showing the position of the plot, and

(b)a sketch of the design of the proposed monument or ledger stone.

In the case of a monument, the applicant must provide details of the depth to which the monument will be inserted into the ground to ensure its stability (unless it is to be supported by a pre-cast concrete shoe situated below the ground).

To apply for a memorial that falls outside of the Churchyard Regulations the applicant must complete this form.

The application will need to include a description of the proposed monument or ledger stone detailing its size, design, materials, finish and inscription (including the style of lettering to be used).

The applicant must also provide: –

(a)a sketch, plan or marked-up photograph of the churchyard showing the position of the plot, and

(b)a sketch of the design of the proposed monument or ledger stone.

In the case of a monument, the applicant must provide details of the depth to which the monument will be inserted into the ground to ensure its stability (unless it is to be supported by a pre-cast concrete shoe situated below the ground).

The application will also need the support of the PCC. Once the form has been completed by all parties it needs to be forwarded, along with the appropriate fee to Helen Lambourne at the Diocesan Registry.

As a matter of law, monuments are the property of the person who erected them, so long as that person is alive; and after that person has died, they become the property of the heir at law of the person commemorated. But the law is not simple. ‘Heirs at law’ is an ancient concept, and they are not always easy to trace. However, it is a requirement of section 3 of the Faculty Jurisdiction Measure 1964 that the relevant person should be contacted (or reasonable attempts made to contact/notify them) to seek their consent, as the owner of the object, to the proposed works.

So what is considered ‘a reasonable attempt’?

In a few cases, it may be possible to trace the descendants of the person commemorated by the monument through local or other historical knowledge – for example, where the person commemorated was a peer and the peerage is still in existence, or where the same family continue to own the local manor or other large estate;

• In other cases, where the deceased died over 100 years ago and the number of monuments involved is small (say not more than 6), it will usually be enough if the Public Notice displayed (as part of the faculty application process) specifically identifies the proposals and the monument(s) in question and asks any descendant of the person commemorated by the monument(s), or any other person who is aware of the identity of a descendant, to contact the petitioners and the Diocesan Registry;
• In the case of more recent monuments, or where a large number of monuments is involved, it will normally be necessary for greater efforts to be made to trace descendants, including by making enquiries and by placing advertisements in a local or in some cases a national newspaper (in addition to the Public Notice). The following form of Notice is suggested for this purpose: 

  Notice is hereby given that the Parochial Church Council of the parish of [ insert parish name ] propose to petition the Consistory Court of the Diocese of Oxford for a Faculty authorising [here set out briefly what is proposed, e.g. levelling mounds, moving tombstones, etc.] A plan of the churchyard showing the work proposed may be inspected at [ insert address] from [ start date ] to [ end date ] between the hours of [ ] and [ ]. (The memorials affected by the proposals have been suitably marked). Anyone wishing to object to the proposed work should send notice to the undersigned before [ date ]. Signed: [ PCC secretary] Dated: [ date signed ] 

• Particular cases might involve taking different steps. In any case where there is uncertainty please contact the Diocesan Registry at an early stage for an indication of what steps are likely to amount to making reasonable efforts to find the owner for the purposes of section 3 of the 1964 legislation.

All repairs to monuments will require faculty permission and you will need to submit an application online using the Online Faculty System, following the instructions highlighted in yellow. Within the application you will need to provide the following information: -

• Photos of the monument(s) clearly showing the affected areas
• A context photo
• An annotated plan of the churchyard indicating the location of the monument(s)
• A method statement or description of work clearly detailing the materials to be used and method of repair
• Contractor’s quote
• Details of how long the monument has been in its current state
• Information with regard to the ‘Heirs at law’ – whether they have been contacted and if not, what attempts have been made thus far
• A supportive PCC minute

As a matter of law, monuments are the property of the person who erected them, so long as that person is alive; and after that person has died, they become the property of the heir at law of the person commemorated. But the law is not simple. ‘Heirs at law’ is an ancient concept, and they are not always easy to trace. However, it is a requirement of section 3 of the Faculty Jurisdiction Measure 1964 that the relevant person should be contacted (or reasonable attempts made to contact/notify them) to seek their consent, as the owner of the object, to the proposed works. 

So what is considered ‘a reasonable attempt?

• In a few cases, it may be possible to trace the descendants of the person commemorated by the monument through local or other historical knowledge – for example, where the person commemorated was a peer and the peerage is still in existence, or where the same family continue to own the local manor or other large estate;
• In other cases, where the deceased died over 100 years ago and the number of monuments involved is small (say not more than 6), it will usually be enough if the Public Notice displayed (as part of the faculty application process) specifically identifies the proposals and the monument(s) in question and asks any descendant of the person commemorated by the monument(s), or any other person who is aware of the identity of a descendant, to contact the petitioners and the Diocesan Registry;
• In the case of more recent monuments, or where a large number of monuments is involved, it will normally be necessary for greater efforts to be made to trace descendants, including by making enquiries and by placing advertisements in a local or in some cases a national newspaper (in addition to the Public Notice). The following form of Notice is suggested for this purpose: 

  Notice is hereby given that the Parochial Church Council of the parish of [ insert parish name ] propose to petition the Consistory Court of the Diocese of Oxford for a Faculty authorising [here set out briefly what is proposed, e.g. levelling mounds, moving tombstones, etc.] A plan of the churchyard showing the work proposed may be inspected at [ insert address] from [ start date ] to [ end date ] between the hours of [ ] and [ ]. (The memorials affected by the proposals have been suitably marked). Anyone wishing to object to the proposed work should send notice to the undersigned before [ date ]. Signed: [ PCC secretary] Dated: [ date signed ] 

• Particular cases might involve taking different steps. In any case where there is uncertainty please contact the Diocesan Registry at an early stage for an indication of what steps are likely to amount to making reasonable efforts to find the owner for the purposes of section 3 of the 1964 legislation.

This work will require faculty permission. To apply please complete the following forms and return them, along with the appropriate fee to the Diocesan Registry. Information regarding this and the fee can be found here.

• 1B Standard Information
• 3B Private Petition

Within the petition you will need to provide the following information: -

• Photos of the monument(s) clearly showing the affected areas
• A context photo
• An annotated plan of the churchyard indicating the location of the monument(s)
• A method statement or description of work clearly detailing the materials to be used and method of repair
• Contractor’s quote
• Details of how long the monument has been in its current state
• Information with regard to the ‘Heirs at law’ – whether they have been contacted and if not, what attempts have been made thus far
• A supportive PCC minute

This requires faculty permission as detailed in the ‘Repairs to Monuments’ section – including the need to consult with the Heirs at Law. It is a specialist job which should be undertaken with care. Historic England provide some advice on caring for churchyard monuments - here as do the War Memorials Trust. Caring for God’s Acre advise against removal of lichens as some lichens can be very rare and are protected species.

If you know about a churchyard monument that is at risk of deterioration or collapse, please complete this form and a member of the DAC team will be in touch.

If you have concerns as to the stability of a particular monument, in the first instance we recommend that a simple push/pull by hand method is used to ascertain whether the monument is loose. Often, particularly with older gravestones, they can still be stable despite leaning. In these situations we would recommend that they are left as they are. ‘Topple Testing’ with a machine often causes more damage and we do not recommend this.

If a monument is loose you will need to consult a specialist and a faculty will be required for any further testing and repairs to be made. Please follow the instructions in the ‘Repairs to Monuments’ section.

If you discover that a monument is dangerously unstable please ensure that it is cordoned off at a distance of at least 1.5 metres. It must not be laid flat without faculty permission.