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Grave space; application for a right of use

Service content

  • Description of the

    Before the burial, an application for a grave usage right must be submitted to the local authority. The specific terms of this usage agreement depend on the provisions set out in the respective local authority’s cemetery regulations. This applies in particular to the acquisition, renewal and transfer of the usage right.

    When allocating grave plots, a distinction is usually made between row graves and choice graves.

    The row grave is a single grave site that is made available for the burial of a deceased person for the duration of the resting period. These graves are allocated in turn according to the municipal occupancy plan and cannot be allocated during the deceased's lifetime. The right of use also expires at the end of the resting period.

    Chosen graves are burial plots for which a special right of use is granted, usually for the burial of several deceased persons. Subject to the plot allocation plan, the applicant can usually choose the burial plot themselves. If local regulations permit, the right of use for a grave may also be granted before a death occurs. However, there is no legal entitlement to the allocation of a specific grave.
    The special right of use is granted for a limited period; the period of use is usually longer than the minimum burial period for the deceased. Please check with the cemetery administration to find out whether and how often the right of use can be extended.

    The statutes can also specify how the right of use can be transferred upon the death of the owner. The municipality can leave this decision to the authorised user, who can then regulate the transfer under inheritance law. However, the municipality can also determine itself in the statutes to whom the right is transferred. The consent of the future holder of the right to use the grave is required for the transfer, as the obligation to maintain the gravestone and care for the grave is also associated with the transfer.

    As a rule, the right to use a grave ends with the expiry of the utilisation period.

  • Prerequisites

    Rights of use to burial plots are not regulated by law. Rather, they are determined by the municipality's cemetery bylaws, in which it sets out the conditions for the maintenance or possible extension at its own discretion and taking into account the burial requirements of the municipality's residents.

  • Deadlines

    The right to use a grave must be applied for at the latest before the burial. If the municipal regulations permit, it can also be granted before a death occurs.

  • Required documents

    Documents are based on municipal regulations
  • Costs

    The fees payable for the right to use a grave are based on the municipal fee regulations.
  • Legal basis

  • Legal remedy

    Administrative court action
Please note that the texts on the services are published by the Bavarian State Ministry for Digital Affairs and can only be supplemented by us.

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