Burial Rights and Grave Plot Lease

Burial right is the right to use a burial plot and decide who is buried there. The lease period is at least 15 years and can be renewed.

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What burial rights mean

Burial right is the right to manage a specific burial plot at a cemetery. It is created when a plot is reserved and the lease fee is paid. Under Section 11 of the Burial Act (457/2003), the burial right holder decides who is buried in the grave and is responsible for its maintenance. Burial right does not mean land ownership — it is a right of use valid for an agreed period. The burial right is recorded in the cemetery register and pertains to a specific, identified plot.

Burial right may apply to an individual grave or a family grave in which several deceased may be buried.

Grave plot lease period

The grave plot lease period, or management period, is at least 15 years in accordance with Section 12 of the Burial Act. In practice, many parishes offer a 25-year lease. The lease period begins from the first burial in the plot. The fee is usually paid as a lump sum when the plot is reserved. A family grave's lease period is calculated from the most recent burial, so the lease of an actively used family grave is effectively self-renewing.

Obligations of the burial right holder

The main obligation of the burial right holder is to maintain the grave. The grave must be kept in a tidy and proper condition. The parish may set guidelines on grave maintenance and headstone form. If a grave is left unmaintained, the parish may issue a notice to restore it. A long-neglected grave's burial right may be revoked. The burial right holder can maintain the grave personally, authorise another person, or enter into a maintenance contract with the parish or a private service provider.

Transfer and renewal of burial rights

Burial rights can be transferred to another person with the holder's consent. The transfer is made by notifying the parish, which records the new holder in the register. Upon the burial right holder's death, the right passes to their heirs, and the estate's beneficiaries must agree on who will take over management. At the end of the lease period, burial rights can be renewed for a fee. Renewal must be done before the lease period ends and is communicated to the parish in writing.

Expiry of burial rights

Burial rights expire when the lease period ends and is not renewed. The parish notifies the burial right holder well in advance of the lease period's expiry. If the holder cannot be reached, the matter is publicly announced. After the burial right expires, the plot reverts to the cemetery. The headstone must be removed or it transfers to the parish's ownership. The remains of the deceased stay in the grave, and the site may be reused. Expiry of burial rights does not mean immediate dismantling of the grave; this occurs according to the cemetery's needs.

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Frequently asked questions

What does burial right mean?

Burial right means the right to use a specific burial plot at a cemetery. The burial right is created when a plot is reserved and the plot fee is paid. Under Section 11 of the Burial Act (457/2003), the burial right holder has the right to decide who is buried in the grave and an obligation to keep the grave in good condition. Burial right does not mean land ownership but a right of use for a fixed period. The burial right is recorded in the cemetery register and is valid for the agreed lease period.

How long is the grave plot lease period?

The grave plot lease period is usually 15–25 years depending on the parish and cemetery. Under Section 12 of the Burial Act (457/2003), the minimum management period is 15 years. After the lease period, the burial right can be renewed for a new fee. An unrenewed plot reverts to cemetery use. A family grave's lease period can be longer and can be renewed repeatedly. The urn grave lease period is often the same as for a casket grave.

Who is the burial right holder?

The burial right holder is the person recorded in the cemetery register as the plot holder. Typically this is a close relative of the deceased, such as a spouse, child, or other family member. The burial right holder decides who is buried in the grave and how the grave is maintained. The burial right can be transferred to another person with the holder's consent and the parish's approval. If the burial right holder dies, the right passes to their heirs or can be transferred to an agreed person.

Can someone other than the burial right holder maintain the grave?

Yes. The burial right holder can authorise another person to care for the grave. Many parishes also offer paid grave maintenance services where the parish takes care of plantings and upkeep. Private gardening companies also offer grave care services. A maintenance contract can be made for a fixed period or on an ongoing basis. However, the burial right holder has ultimate responsibility for grave maintenance, and the parish may require a neglected grave to be restored.

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Sources

  1. Hautaustoimilaki 457/2003

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