Exclusive right of burial - your rights and responsibilities
This page provides information regarding the rights and responsibilities of those individuals purchasing the exclusive right of burial or those who have responsibility for memorials. A copy of the full Cemeteries Regulations can be found on our website, hard copies can be requested from the Cemeteries Service.
Legal obligations
Following payment of the relevant fees and completion of the appropriate forms you will receive the ‘deed of grant for the exclusive right of burial’. We must receive completed exclusive right of burial purchase forms at least 3 days before any burial.
Exclusive right of burial
Following payment of the relevant fees and completion of the appropriate forms you will receive the ‘deed of grant for the exclusive right of burial’. We must receive completed exclusive right of burial purchase forms at least 3 days before any burial.
This is an important legal document and must be kept in a safe place. Retaining accurate and up-to-date records is really important, so if your details change please contact us.
Owning the exclusive right of burial does not mean you own the actual land; however, it does grant you the rights to:
a. Be buried in the grave
b. Authorise further burials in the grave if space is available
c. To erect a memorial
The exclusive right of burial is granted for a period of 30 years which if not extended will automatically transfer back to the council. The maximum number per grave of exclusive right of burial owners is 3.
Exclusive right to erect a memorial
The right to erect a memorial rest solely with the owner(s) of the exclusive right of burial. At the same time as purchasing these rights you shall also receive the ‘deed of grant for the exclusive right to erect a memorial’ provided as a single deed granting both burial and memorial rights. This establishes your right to erect a memorial but does not grant permission to do so without additional authorisation. Therefore, a separate application must be made to us so that you can erect a memorial. Your stonemason or funeral director will be able to advise you about this, as well as the type of stone, design, and style of wording.
Only those stonemasons registered with BRAMM (British Register of Accredited Memorial Masons – bramm-uk.org) or members of NAMM (National Association of Memorial Masons Register) are permitted to erect a memorial in our cemeteries.
To obtain a list of local masons, please contact us.
We may grant you the right to erect a memorial without the exclusive right of burial. For example; in situations where the rights of burial have expired and no further burials are intended but you wish to take responsibility for maintaining the grave and/or memorial.
Transfer of ownership
It is recommended that you make provision in your will for the transfer of ownership to a new owner if you do not wish to transfer your rights when you are alive. Ownership can be transferred at any time. This can be a complicated process so please contact us and we will help you through the process.
Cemetery sections
An illustration below shows the two different types of cemetery section available in our cemeteries. You will need to choose between the two and agree to comply with the relevant regulations for that section.
Lawn section grave
Traditional section grave
Lawn section
Modelled on those graves found in Commonwealth War Grave Cemeteries the lawn section provides for a tidy, high quality, uniform landscape for both cremated and coffined remains.
Until the grave has settled (up to 12 months) we permit the grave-mound to be planted with annual bedding plants, however these must be removed to allow the turfing or seeding of the grave space. Generally, this is completed between October and March; notices will be placed in cemeteries making you aware that turfing is due to commence. Our contractors shall clear those graves which have not been cleared at the time of turfing.
Following the turfing of graves, annual and/or perennial plants are permitted in a small soil border at the foot of the headstone extending no more than 45cm.
You may have to wait up to 12 months for the ground to settle before a memorial can be installed.
The following items are not permitted in the lawn section:
- kerbsets, fences and/or gardens
- stones/gravel/bark chip etc.
- any glass vase or other fragile item
- wind chimes, lights or any other mementoes which will infringe on the peaceful tranquillity of the cemetery
- any other mementoes that will deteriorate over time (e.g. clothing and soft toys)
- any tree or shrub
- any item made of plastic
Any memorial or garden placed outside of the allocated area or which does not comply with the regulations may be removed without notice.
Coffined burial grave
(h) 76cm x (w) 61cm
(h) 30” x (w) 24”
Cremated remains burial grave
(h) 61cm x (w) 48cm
(h) 24” x (w) 19”
Rectangular memorial vases square
18cm x 18cm x 18cm
7” x 7” x 7”
Traditional section
The Traditional Section is a long-established design principle in local authority cemeteries and churchyards. These sections can include a wide range of memorial types covering the entire grave space. Flexibility is permitted, and we shall accept any appropriate applications for larger and more elaborate memorials to enable greater choice. Our officers shall determine the appropriateness of any application and make the decision to approve the application or not.
You may have to wait up to 12 months for the ground to settle before a memorial can be installed.
Memorials or kerbsets which cover the entire grave shall be made of natural stone, concrete or other hardened material (subject to our approval). Timber or plastic memorials or kerbsets are not permitted.
The following items are not permitted in the traditional section
- stones/gravel/bark chip etc. unless contained within a raised kerbset
- any glass vase or other fragile item.
- wind chimes, lights or any other mementoes which will infringe on the peaceful tranquillity of the cemetery
- any other mementoes that will deteriorate over time (e.g. clothing and soft toys)
- any tree or shrub which exceeds 75cm in height
- any item made of plastic
Any memorial or garden placed outside of the allocated area or which does not comply with the regulations may be removed without notice.
Maximum memorial sizes in the traditional section are typically;
(h) 120cm x (w) 89cm
(h) 47” x (w) 35”
Garden of Remembrance
No memorials or other memorabilia are permitted in the Garden of Remembrance, any such item left shall be removed without notice. Provision is made for an inscription to be engraved on the nearby Wall of Remembrance or to have a plaque on a bench.
The months and years ahead
Legally, memorials remain in private ownership. You are responsible for memorial maintenance. We will not be held responsible for any damage caused to memorials. Memorial insurance is recommended in the event of theft, damage or vandalism. Your stone mason or funeral director should be able to provide you information on the type of cover available.
We have overall responsibility for the health and safety of all staff and visitors to the cemeteries. Our responsibility also includes testing the stability of memorials every five years.
In certain circumstances, it will be necessary to lay the headstone down or make safe with a support. We will try to contact you, but if your contact details are out of date, a notice will be left by the memorial. It is important that you let us know if your contact details change.
Please note any repairs required in making the memorial safe are your responsibility and we need to be notified of all repairs to be undertaken to memorials.
There are times when excavation is required at the side or foot of the grave you own the rights to in order to permit a burial in the adjacent plot. It may be difficult for you to access your grave for a short period. In these situations, boards will be placed over your grave to protect it. The grave will be reinstated once the need for this access is over.
Seasonal faith related decorations are permitted for a period of 14 days.
Some exceptions and exclusions apply.
Grounds maintenance
Our grounds maintenance contractors Tivoli undertake most tasks in the cemeteries. They mow grass, trim hedges, prune shrubs, sweep paths, clear litter and empty bins. They maintain our cemeteries to the standards we specify. In some older sections of our cemeteries we may set aside areas for habitat conservation where grass will be allowed to grow long, and there may be wildflower meadows too. Where this affects access to visited graves we will ensure Tivoli mow pathways so that they are accessible again.
Any unauthorised memorial, headstone or other memorabilia may be removed by the council in accordance with Article 14 of the Local Authorities’ Cemeteries Order 1977.