The table below provides a high-level summary of some (not all) of the differences between the statutory duties in relation to an incumbent’s property (the parsonage house) and the statutory duties in relation to housing provided to other clergy under Common Tenure. In many ways the Common Tenure regulations are more up to date (having only been created in 2009).
As a diocese, we apply the principles of the ‘Repair of Benefice Buildings Measure 1972’ equally to all clergy, whether incumbents, priests in charge or curates. You therefore need to be committed to taking care of the property, undertaking (or paying for) tasks of routine maintenance and decoration. Meanwhile the Diocese is committed to fulfilling its duty of care not just to fulfil its statutory duties but as generously as it can, at any given time.
Inspections
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| DBF to cause diocesan surveyor to inspect at least every 5 years (s.3) and produce a report for the DBF concerning (s.4(1)) • repairs required, setting out estimated costs and time scales for repair • any damage caused or aggravated by the incumbent • whether any improvements appear expedient • whether the house should be replaced • whether any outbuildings are superfluous (incumbent has right to object before demotion –- see s.5(4)) • the state of interior decoration and fixtures • the amount for which the building(s) should be insured The diocesan surveyor should also make and then maintain a list of (14(2)) • fixtures and things in the building which belong to the benefice • trees which ought to be preserved A copy of the report should be provided to the incumbent. The incumbent may make representations to the DBF, which may decide to vary the report at its discretion. (14(4-6)) | DBF duty to arrange a qualified surveyor to inspect at least every 5 years and produce report on state of property. Copy to be sent to office holder. (12(1)(b) & (c)) |
Repairs
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| DBF duty to carry out repairs identified in the diocesan surveyor’s report (s.5(1)) • within 12 months, if identified as immediately necessary • otherwise, within appropriate time scale DBF may cause an interim inspection at any time, and execute any repairs that are necessary with the consent of the incumbent. (s.8) | DBF duty “to keep the property in repair.” (12(1)(a)) DBF duty “after consulting the office holder, to carry out within a reasonable time any repairs recommended in the [quinquennial] report which appear to [the DBF] to be appropriate.” (s.12(1)(c)) Office holder duty not to carry out repairs without consent of DBF. (14(1)(f)) |
| “Repairs” means works needed: • to keep in repair the structure and exterior of the buildings of the property, including: – doors – windows – drains – gutters – external pipes • to keep in repair all: – walls – fences – gates – drives – drains of the property • to keep in repair and proper working order supply of: – water – gas – electricity – sanitation, including basins, sinks, baths and sanitary conveniences – space heating or heating water – any fixtures, fittings and appliances in the property provided by [the DBF]. (s.2(1)) | “Repairs” means works needed: • to keep in repair the structure and exterior of the buildings of the property, including: – doors – windows – drains – gutters – external pipes • to keep in repair all: – walls – fences – gates – drives – drains of the property • to keep in repair and proper working order supply of: – water – gas – electricity – sanitation, including basins, sinks, baths and sanitary conveniences – space heating or heating water – any fixtures, fittings and appliances in the property provided by [the DBF]. (12(2)) |
Occupant’s Responsibilities
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| Incumbent duty “to take proper care of a parsonage house, being a duty equivalent to that of a tenant to use premises in a tenant-like manner.” (s.13(1)) | Office holder duty to use all reasonable endeavours to keep the property and any contents provided by the DBF • clean • free from deterioration, except for fair wear and tear. (14(1)(b)) Office holder duty “to keep any garden or other grounds belonging to the property in a reasonable state of upkeep.” (14(1)(b)) |
| Where diocesan surveyor’s report identifies damage caused or aggravated by “any deliberate act of the incumbent,” the DBF may by notice require the incumbent to pay all or part of the cost as specified in the report. (s.13(4)) | Office holder duty to compensate DBF for whole or part of costs of necessary repairs caused or aggravated by the deliberate act of the office holder or a member of office holder’s household. • Costs must be assessed by a qualified surveyor • Costs must not be recoverable under any insurance policy (14(1)(d) |
| Incumbent shall notify DBF of any repairs that are necessary. In the case of urgent repairs (for safety, or to prevent further damage), duty to do so “without delay.” (s13(3)) | Office holder duty to notify the DBF of any works of repair that may be needed, as soon as reasonably practicable after office holder becomes aware of them. (14(1)(c)) |
Improvements, Alterations and Additions
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| The incumbent may • buy a house • build a house • buy land and build a house • make improvements to a house that is suitable for the residence of the incumbent of the benefice. The incumbent must have the consent of • the bishop • the Parsonages Board • (in some cases) the Church Commissioners and must complete any works according to plans and specifications authorised by the bishop and Parsonages Board. (s.2 Church Property Measure 2018) | Office holder duty not to make alterations or additions to the property without the consent of the DBF. (14(1)(f)) |
Right of Entry
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| The diocesan surveyor or workmen or persons employed by him or the DBF may enter the building at all reasonable hours in the daytime. Provided that notice is given, being • such time as is agreed with the incumbent; • in default of agreement, at least 14 days (s.11) | The DBF or its agents may enter • to inspect the property • to carry out repairs to the propertyto inspect, repair, replace or remove any contents provided by the DBF • for other reasonable purpose The DBF must first give reasonable notice to the office holder, except in an emergency. (13) Office holder has a duty to permit entry. (14(1)) |
Notices and Dealing With Third Parties
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| DBF may act in place of the incumbent where a wall, fence, drive, drain or other appurtenance is maintained by the incumbent and another party in common. (s.9) | Duty on office holder to inform the DBF about any notices from government departments, local or public authorities, public utility undertakers or (if there is a lease etc) landlords. (14(3)) DBF duty to advise on or undertake negotiations in relation to any notice, unless agreed otherwise with the office holder. (14(3)) |
Council Tax and Insurance
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| No statutory provision. | DBF duty to pay the Council Tax and any other recurring charges specified in the Statement of Particulars. (12(1)(d)) |
| DBF shall “insure the property against all such risks as are included in the usual form of house owner’s policy relating to buildings.” (s.12(1)) | DBF shall “insure the property against all such risks as are included in the usual form of house owner’s policy relating to buildings.” (12(1)(e)) |
Restrictions on Use
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| The incumbent must reside in the parsonage house, unless the bishop permits residence elsewhere. (Canon C 25) | Office holder duty not to use the property except as a private residence, unless use is agreed by DBF, which agreement shall not be unreasonably withheld. (14(1)(e)) |
Vacating Premises
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| Office holder duty to vacate the property within 1 month of ceasing to hold office, or such longer period as DBF may allow. (14(1)(h)) Office holder duty to leave property clean and tidy and clear of all possessions belonging to office holder or their household. (14(1)(h)) In the event of the office holder dying in office, members of household may occupy the property for 3 months or such longer period as DBF allows. (14(2)) |
Miscellaneous
| Incumbents in a parsonage house Repair of Benefice Buildings Measure 1972 | Clergy in a house provided under Common Tenure Ecclesiastical Offices (Terms of Service) Regulations 2009 |
|---|---|
| Where the property is held on lease by the DBF, office holder duty to observe any terms of the lease and indemnify for any breaches. (14(1)(g)) Disputes between DBF and office holder may be resolved by grievance procedure or arbitration. (15(1) Terms of occupation may be varied by agreement between DBF and office holder, and recorded in Statement of Particulars. (15(2)) |
Contents compiled by Gavin Foster, Diocesan Registrar (Joint): November 2024