Grave space; application for a right of use

Before the burial, an application must be made to the municipality for a right to use the grave. The details of this usage relationship depend on the stipulations in the cemetery statutes of the respective municipality. This applies in particular to the retention, extension and transfer of the right of use.

When allocating burial spaces, a distinction is generally made between row graves and elective graves.

The row grave is a single grave provided for the burial of a deceased person for the duration of the resting period. These graves are allocated according to the municipal occupancy plan and cannot be allocated during the deceased's lifetime. The right of use also expires upon expiry of the resting period.

Elective graves are gravesites for which a special right of use is granted, usually for the burial of several deceased persons. The applicant can usually choose the grave site themselves, taking into account the occupancy plan. If the municipal regulations permit, the right to use a grave can 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 period of rest for the deceased. Ask the cemetery administration 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 right-of-use holder, 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 when the period of use expires.

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 requirements for the maintenance or possible extension at its own discretion and taking into account the burial needs of the municipality's residents.

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.

• Funeral Act (BestG)
• Ordinance on the Implementation of the Burial Act (Burial Ordinance - BestV)