Conditional Consent for Capital Works at Church of England Schools and Academies
The buildings and sites that make up Church of England Schools and Academies within the Diocese of Chichester perform the vital function of providing the environment in which children learn and develop.
The DBE Measure 2021 provides that the Diocesan Board of Education (DBE) consent must be obtained when “the governing body or (in the case of an academy) the proprietor of a church school which is on land in which a freehold or leasehold interest is held on trust for the purposes of a church school must obtain the consent of the DBE before entering into an agreement or arrangement in connection with alteration or repair of the premises of the school.”[1]
The DBE Measure 2021 further allows for the DBE to determine a de minimis level, below which the duty to obtain consent does not apply.
Policy:
The DBE has determined that a de minimis level of £10,000 will apply to all Church of England schools and academies when entering into an agreement or arrangement in connection with alteration or repair of the premises of a school. All works undertaken that are over this amount must have the formal consent of the DBE prior to works being undertaken.
The DBE has further determined that works that fall under the de minimis level but could affect the structural integrity or value of the land and buildings will also need prior consent. These works include, but are not limited to:
Significant alterations to or extensions of existing buildings
Construction of new buildings or erection of modular/prefabricated buildings
Alterations to or extension of car parks, playgrounds, or other significant site features
Refurbishment works to kitchens and sanitary facilities
Renewal of building services such as heating or electrical installations
Renewal of drainage services
In addition to the requirement for consent under the DBE Measure, schools and academies should, where necessary, obtain site trustee permission prior to works commencing. Site trustees could be the Diocesan Board of Finance (DBF), the Vicar & Church Wardens or a specific site trust named for that school. If a school or academy is unsure who their site trustee is, DBE Officers can assist in identification of site trustees.
All schools and academies are required to complete the DBE Project Authorisation form when applying for consent to undertake capital works.
2024-25 Consent for Capital Works Policy and Application Form
[1] See section 8(4) https://www.legislation.gov.uk/ukcm/2021/1/section/8/enacted
Nurseries/Capital works
If schools wish to explore the possible establishment of nursery provision or wrap around care they should read the DBE Nursery and Wrap Around Care policy
The role of the DBE is, in most cases, an advisory one. However, where the nursery is to be on existing school premises and the proposal will mean a lowering of the age range to include two and three-year olds, the Board will need to give formal approval in line with the functions set out in the section 8(4) of the Diocesan Boards of Education Measure 2021
Formal approval must always be given in the following circumstances:
- If a change to the current age range of the school is planned statutory requirement under The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013
- If the nursery is to be held on school premises, and under what terms, (Lease/Licence/TOCA)
- The site trustees for your school will either be the Diocesan Board of Finance or Vicar and Churchwardens, this is directed by the deeds to the site[i]. As the landowners, the trustees will need to give their permission, in addition to DBE permission, for the nursery to be established. Trustees will also require legal advice to be sought in relation to the proposal and the agreement covering this. All legal fees incurred should be paid for by the school wishing to establish the nursery.
For wrap around care DBE and Site Trustee permission is required and an appropriate agreement to cover the arrangement (lease/license or TOCA)