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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.
Responsible for you
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Procedure details
Description
The bodies and ashes of deceased persons must always be buried in a cemetery (except in the case of burial at sea). It is the responsibility of the municipalities to establish and maintain the burial facilities required for the burial of their residents. The allocation of a burial space by the municipality requires that a right to use a grave is granted (for more information, see "Burial space; applying for a right of use" under "Related topics").
The details of the use of burial facilities and the conduct of burials are regulated by the municipalities by means of statutes or regulations.
Required documents
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The documents to be submitted can be found in the respective cemetery statutes.
Legal bases
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Aufgaben der Gemeinden beim Vollzug des Bestattungsgesetzes (BestBek)Bekanntmachung des Bayerischen Staatsministeriums des Innern
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Satzungen und Verordnungen der Gemeinde
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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Cemetery, mortuary; adoption of rules of useThe 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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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: 02.08.2024
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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