The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2026
Revised upward the maximum value of ecclesiastical property transactions exempt from diocesan consent from £250,000 to £400,000.
This Order increases the financial threshold below which parochial church councils and certain ecclesiastical trusts are exempt from obtaining consent from the diocesan board of finance for property transactions.
It directs that the previous capital limit of £250,000 be replaced with £400,000, while maintaining the secondary condition that the transaction amount must be lower than the body's annual unrestricted income.
This instrument applies to the Archbishops' Council, diocesan boards of finance, and parochial church councils within the Church of England.
Arguments For
The order states that it updates limits established in the 2015 Order to reflect contemporary financial requirements for ecclesiastical property dealings.
Proponents within the Archbishops’ Council and the General Synod argue that increasing the threshold reduces administrative burdens on parochial church councils by exempting more mid-value transactions from the need for formal diocesan board of finance consent.
The legislation maintains the existing link between transaction limits and a council's annual unrestricted income, ensuring that the exemption remains proportional to a local church’s financial capacity.
Arguments Against
Legal scholars might question whether the near 60% increase in the threshold significantly reduces oversight from diocesan boards of finance, potentially increasing the risk of mismanagement of ecclesiastical assets at the local level.
Critics may argue that because the exemption depends on the "most recent accounts," variations in accounting quality among diferentes parochial church councils could lead to ambiguity in applying the threshold.
Affected agencies or individual parishes might view the single fixed secondary limit as inflexible across diverse economic regions where property values vary significantly.
Citation and commencement
- -(1) This Order may be cited as the Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2026.
(2) This Order comes into force on 1st October 2026.
This section establishes the official name of the instrument and sets the date for it to become legally operative. It ensures that the new financial limits apply to all relevant ecclesiastical property dealings from 1 October 2026.
Amount of consideration below which consent to dealing not required
- -(1) The Ecclesiastical Property (Exceptions from Requirement for Consent to Dealings) Order 2015( e ) is amended as follows.
(2) In Article 2(1) (requirement for consent under section 6(1) or (3) of the Parochial Church Councils (Powers) Measure 1956), in sub-paragraph (b), for '£250,000' substitute '£400,000'.
(3) In Article 2(2) (requirement for consent under section 4 or 5 of the Incumbents and Churchwardens (Trusts) Measure 1964), in sub-paragraph (b), for '£250,000' substitute '£400,000'.
This section modifies the 2015 Order by increasing the maximum value of property transactions that can proceed without diocesan consent.
It specifically amends the thresholds for parochial church councils and churchwarden trusts, raising the financial cap for exempt transactions from £250,000 to £400,000.
In legal terms, 'consideration' refers to the payment or value exchanged in the property transaction.
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