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Cemetery, mortuary; adoption of rules of use
The municipalities must provide the necessary burial facilities, in particular cemeteries and mortuaries. This does not apply if there is no public need for them. This is particularly the case if a church cemetery sufficiently covers the need.
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Procedure details
Description
It is the responsibility of the municipality to establish, maintain and operate the necessary burial facilities. It regulates their use in a set of bylaws. In addition to general regulations, it also specifies, for example, details on the rights of use of a burial site, requirements for the size and location of burial sites and the duration of the resting periods for the deceased.
Requirements
The deceased are entitled to burial in the municipal cemetery of their municipality. The same applies to those who have died or been found dead in the municipal area if a proper burial cannot be ensured elsewhere. In addition, the burial of non-residents is at the discretion of the municipality, which may regulate this in the bylaws if necessary. Before the burial, the person responsible for the burial must acquire the right to use a grave.
Fees
The fees incurred are determined by the respective municipality in a fee statute.
Legal bases
Appeal
Administrative court action
Related issues
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Burial; registrationMunicipalities can stipulate in their cemetery statutes that a burial in their cemetery must be registered.
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Funeral facilities; construction and maintenance
The municipalities are obliged to establish and maintain the necessary burial facilities, in particular cemeteries and mortuaries.
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Cemetery and burial fees; paymentThe municipalities charge fees for the use of their burial facilities on the basis of cemetery fee statutes.
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Municipal cemetery; application for authorization for commercial activityAs part of its right to local self-administration, each municipality can regulate whether or which permits or notifications are required for commercial activities at the cemetery in the user statutes for its cemetery.
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Gravestone; application for a permitMunicipalities can stipulate an approval requirement for gravestones in their cemetery statutes.
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Grave space; application for a right of useWhen allocating a grave site in a municipal cemetery, the municipality grants the citizen a temporary right of use subject to a fee.
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Coroner's report and burial; application for permission for burial outside a cemetery
As a rule, the bodies and ashes of deceased persons must be buried in cemeteries. Permission for burial outside a cemetery may be requested in exceptional cases.
Status: 08.05.2025
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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