Burial Rights and Grave Plot Lease
· Updated · 3 min read
What burial rights mean
Burial right is the right to manage a specific burial plot at a cemetery. In a parish cemetery, the parish grants the burial right in connection with a death; at other times only by decision of the parish council for a special reason. Under Section 11 of the Burial Act (457/2003), burial rights in Evangelical Lutheran and Orthodox parish cemeteries are governed by church legislation, and in other cemeteries they are agreed with the operator. Under the Church Act (652/2023), the holder and who may be buried in the grave are agreed when the grave is granted, and the holder is responsible for its care. Burial right does not mean land ownership - it is a right of use valid for a fixed period. The holder and period of validity may be recorded in the burial register, and the right pertains to a specific, identified grave.
Burial right may apply to an individual grave or a family grave in which several deceased may be buried.
Grave plot lease period
Under the Church Act (652/2023), a burial right is granted for a fixed period of at most 50 years, counted from the start of the calendar year following the grant. The burial right ends at the earliest at the end of the calendar year in which 15 years have passed since the last burial, and not before the grave can be reused. The periods used vary by parish. The fee is charged when the burial right is granted; it is decided by the parish and varies by parish, so check your parish's price list. Because the right always lasts at least 15 years from the last burial, a new burial in a family grave can extend its validity, and the period can also be extended on the holder's application.
Obligations of the burial right holder
The main obligation of the burial right holder is to maintain the grave in keeping with the cemetery. The parish's burial regulations set requirements for grave care and the approval of grave memorials. If the care of a grave has been substantially neglected, the parish council may order the holder to restore it within one year of being notified; if the neglect is not remedied, the parish council may decide that the burial right is forfeited. 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
Under the Church Act, the holder can surrender the burial right itself only to the parish. The holder can, however, be changed: the new holder is notified to the parish, which records them in the register. When the holder dies and no earlier agreement can be followed, the surviving spouse or, if there is none, the closest heirs of the first person buried in the grave become the holders and must choose one among themselves; if they cannot agree, the parish council may appoint the holder. The validity of the burial right can be extended on the holder's application, usually for a fee. It is worth applying before the period ends, as the burial right lapses without notice.
Expiry of burial rights
Burial rights expire when the period of validity ends and is not extended; under the Church Act they lapse without notice. Many parishes nevertheless inform holders or mark expiring graves, but practices vary. After the burial right expires, the plot reverts to the cemetery. The cemetery operator must give the holder an opportunity to remove the grave memorial; if it is not removed within six months, it passes to the cemetery operator free of charge (Burial Act, Section 14). 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.
Frequently asked questions
What does burial right mean?
Burial right means the right to use a specific grave at a cemetery. In a parish cemetery, the parish grants the burial right in connection with a death, and a fee is charged according to the parish's price list. Under Section 11 of the Burial Act (457/2003), burial rights in parish cemeteries are governed by the Church Act; under the Church Act (652/2023), it is agreed when the grave is granted who may be buried in it, and the burial right holder is responsible for the care of the grave. Burial right does not mean land ownership but a right of use for a fixed period. The holder and the period of validity may be recorded in the burial register.
How long is the grave plot lease period?
Under the Church Act, a burial right is granted for a fixed period of at most 50 years, counted from the start of the calendar year following the grant. The exact period varies by parish. However, the burial right ends at the earliest at the end of the calendar year in which 15 years have passed since the last burial. The period can be extended on the holder's application, usually for a fee. A burial right that is not extended lapses without notice, and the grave returns to the parish.
Who is the burial right holder?
The burial right holder is the person agreed on when the grave is granted, who represents those who may be buried in the grave. Typically this is a close relative of the deceased, such as a spouse, child, or other family member. If no holder has been agreed within a year of the grant, or the agreement cannot be followed, the Church Act makes the surviving spouse or, if there is none, the closest heirs of the first person buried in the grave the holders, and they must choose one holder among themselves. The holder can be changed by notifying the parish of the new holder. The burial right itself can only be surrendered to the parish.
Can someone other than the burial right holder maintain the grave?
Yes. The burial right holder can ask another person to care for the grave. The parish can also make a fixed-term agreement with the holder under which it takes responsibility for the grave's care for a fee. Private companies also offer grave care services. However, the burial right holder remains responsible for the grave being cared for in keeping with the cemetery, and the parish may require a neglected grave to be restored.
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