Cemeteries regulations - 8. Exclusive right of burial
8.1. Before any burial, the Exclusive Right of Burial needs to be established. For common or public graves this right is vested in the Council. The Exclusive Right of Burial shall otherwise be purchased for the fee listed in the current Fees and Charges. The maximum number of owners is 3.
8.2. Alternatively, where the Exclusive Right of Burial may already be owned; the original Deed of Grant shall be presented to the Council ahead of any Burial.
8.3. No grave in which the Exclusive Right of Burial has been purchased shall be opened without the written consent of the owner and where available the original Deed of Grant. The Council retains ownership details and so in situations where the original Deed of Grant has been lost or misplaced or where the consent of the owner cannot conveniently be obtained, the grave shall be opened only if the Authorised Officer is satisfied that the applicant is one and the same or in situations where the deceased is the grave owner. Where the Authorised Officer remains unsatisfied with the application the applicant shall be required to make a Statutory Declaration.
8.4. Purchasing the Exclusive Right of Burial does not include ownership of land. Land ownership remains with the Council.
8.5. When the Exclusive Right of Burial is purchased a Deed of Grant shall be issued granting the following rights to the owner;
- To be buried in the grave, if space is available
- Authorise further coffined burials in the grave, if space is available, or the burial of cremated remains in the grave either in caskets or loosely poured
- Place a memorial on the grave, subject to the Council’s Cemeteries Regulations
- Undertake any other work to the grave, subject to the Council’s Cemeteries Regulations
8.6. An Exclusive Right of Burial leaflet sets out the rights and responsibilities of owners and can be found on the Council’s website or in hard copy at the Cemeteries Office.
8.7. The Exclusive Right of Burial shall be purchased using the relevant form. Exclusive Right of Burial application forms can be obtained from the Cemeteries Office or the Council’s website.
8.8. The Exclusive Right of Burial shall be granted for a period of 30 years and can be renewed every 5 years for an additional fee to maintain an Exclusive Right of Burial of 30 years. The Council shall only renew the Exclusive Right of Burial to maintain a maximum term of 30 years. The Council shall write reminder letters to owners at the appropriate time. Any extension to the Exclusive Right of Burial shall be at the current fee and not the fee at the original time of purchase.
8.9. The Exclusive Right of Burial shall not be sold to Funeral Directors, Undertakers, their agents or other persons for re-sale.
8.10. The Exclusive Right of Burial owner shall inform the Council in writing of any change of address or other contact detail.
8.11. Transfer of the Exclusive Right of Burial
8.11.1. All work to a grave or any burial in a grave shall be approved by the Exclusive Right of Burial owner in writing.
8.11.2. Following the death of the Exclusive Right of Burial owner the rights need to be transferred and re-registered before the grave can be opened again; or any stone or monument erected thereon; or any existing stone or monument repaired, altered or removed. The only exception shall be to inter the remains of owner of the grave.
8.11.3. Where the Court has issued a lasting power of attorney (LPA) for an individual to undertake property and financial decisions on behalf the owner of the Exclusive Right of Burial the Council shall permit that individual to make decisions regarding the rights to the grave the owner holds. A certified copy of the LPA shall need to be provided to the Council. The LPA shall not be used to take away the rights of the owner and does not automatically mean that the holder of the LPA becomes an owner.
8.11.4. The owner, or their legal representative, may transfer the Exclusive Right of Burial subject to the proper notice of such transfer being given to the Council by providing an original of either or a combination of the transfer of ownership forms which are available on the Council’s website or Cemeteries Office.