The conditions for the canonical erection of a house of religious are indicated in canons 608-611 of the

1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comp ...

Necessity of a canonical house for a religious community

A community of

religious Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...

must live in a lawfully established house with a church or oratory in which the

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is celebrated and reserved. The community is to have a superior designated in accordance with

canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

. The house in which the community resides is distinct from any farm or holiday home that they may also possess.William Fanning, "Canonical Erection of a Monastery" in ''The Catholic Encyclopedia'' 1911.
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It is the superior indicated in the constitutions of the

religious institute A religious institute is a type of institute of consecrated life in the Catholic Church whose members take religious vows and lead a life in community with fellow members. Religious institutes are one of the two types of institutes of consecrate ...

concerned (the superior general or the provincial) who is to establish the house after obtaining in writing the consent of

bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...

of the diocese. In addition, the permission of the

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is required for establishing a monastery of

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s. The word "nuns" applies in canon law to women religious whose vows are classified as solemn. These normally live a contemplative

cloister A cloister (from Latin ''claustrum'', "enclosure") is a covered walk, open gallery, or open arcade running along the walls of buildings and forming a quadrangle or garth. The attachment of a cloister to a cathedral or church, commonly against a ...

ed life of meditation and prayer. Other women religious do not need permission from the Holy See to establish a new house. In 451, the

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laid down the condition of the assent of the bishop. Privileges granted to the mendicant orders in the 13th century caused frequent

derogation Derogation, in civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a law by the imposition of a ...

s from the law, but the

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restored the ancient discipline (Sess. XXV, de Reg., cap. iii). The term used in the Code of Canon Law is "bishop", not "

ordinary Ordinary or The Ordinary often refer to: Music * ''Ordinary'' (EP) (2015), by South Korean group Beast * ''Ordinary'' (Every Little Thing album) (2011) * "Ordinary" (Two Door Cinema Club song) (2016) * "Ordinary" (Wayne Brady song) (2008) * ...

". Accordingly, the required permission cannot be given by a

vicar-general A vicar general (previously, archdeacon) is the principal deputy of the bishop of a diocese for the exercise of administrative authority and possesses the title of local ordinary. As vicar of the bishop, the vicar general exercises the bishop's ...

or a

diocesan administrator :''See: Catholic Church hierarchy#Equivalents of diocesan bishops in law'' A diocesan administrator is a provisional ordinary of a Roman Catholic particular church. Diocesan administrators in canon law The college of consultors elects an admini ...

. The permission of the

parish priest A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or m ...

of the place is not required.

Conditions

Consideration must be given to the advantage that is to accrue to the Church and the religious institute from establishment of the house and to the requirements for the members to live their religious life properly. A prudent judgment that the sustenance of the community will be provided for is also a condition.

Effects

Once it has obtained the consent of the bishop for the establishment of the house, the religious community has the right # to lead a life that accords with the character and proper purposes of the institute; # to exercise in accordance with canon law the works proper to the institute while observing any conditions that the bishop has attached to his granting of consent; # for clerical institutes to have a church in a place agreed on with the bishop and to perform sacred ministry in accordance with canon law.Code of Canon Law, canon 611
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References

{{Reflist Catholic canon law of religious Catholic canonical structures