skip navigation
MyAccount
Mobile Site
Full Site
Accessibility
Contact Us
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z


Home
Pay for it Apply for it Report it Latest News What's On

You are here: Home / Bereavement / Funerals And Burials / Cemetery Regulations

Cemetery Regulations

Introduction

Interpretation

Management of the Cemeteries

Interments

Coffins/Caskets

Graves

Scattering of Cremated Remains

Exclusive Right of Burial

The Erecting of Memorials

Tributes in the Garden of Remembrance

Planting and Tributes in Lawn Graves Areas

Maintenance and Upkeep of the Cemetery

Fees and Charges


Introduction

1.1 The following regulations shall apply to all the cemeteries under the control of Fareham Borough Council, situated at the following locations:

1.2 Wickham Road Cemetery has its own chapel, which can be hired to hold a memorial service.

1.3 The Council's cemetery regulations form the basis for the proper control and management of the cemeteries and are designed to ensure a pleasant environment and ease of maintenance.

1.4 Visitors are welcome to the Cemeteries and are requested to respect the dignity of these peaceful and tranquil places. Regulations should be observed at all times and the Council reserves the right at any time to make amendments or variations to them

1.5 For enquiries regarding the regulations, please contact the Cemeteries Officer at the following office:

Fareham Borough Council
Civic Offices
Civic Way
Fareham
PO16 7PU

Telephone: 01329 236100

The Civic Offices are open between the following hours, except on Bank and Public Holidays:

Monday to Thursday 08.45 until 17.15
Friday 08.45 until 16.45

Interpretation

2.1 In these regulations, unless the context otherwise requires, the following words and expression are defined as below:

2.2 "The Council" refers to Fareham Borough Council being the Burial Authority for the Borough of Fareham.

2.3 "The Garden of Remembrance" shall mean the area of the cemetery where only cremated remains may be interred.

2.4 "A Lawn grave" shall mean a grave in the cemetery which is not part of the garden of remembrance where one exists. Memorials and floral tributes are only permitted in the memorial border and shall not encroach upon grass areas. In older areas of the cemeteries where there are no memorial borders, memorials may be placed at the head of the grave in alignment with other memorials.

2.5 "A grave" shall mean a Lawn grave or a plot in the Garden of Remembrance.

2.6 "Unpurchased grave" means a grave space wherein the exclusive right of burial has not been purchased. The Council has the right to undertake the interment of an unrelated person in an unpurchased grave after a period of 14 years. The only type of memorial permitted on an unpurchased grave is a vase.

2.7 "The owner of Exclusive Right of Burial" shall mean the person registered by the Council as the grantee of exclusive right of burial.

2.8 "Cemeteries Officer" is the Officer appointed by the Council to carry out the administration of the cemeteries.

Management of the Cemeteries

3.1 Admission to Cemeteries

3.1.1 Unless opening times are specified by the Council, entry to the cemeteries is restricted to the hours between sunrise and sunset.

3.1.2 No unauthorised person shall enter or remain in a cemetery at any hour when it is closed to the public.

3.1.3 The Council reserves the right to temporarily close to the public access to the cemeteries or any part of a cemetery at any time without notice.

3.1.4 All persons entering the cemeteries will be subject to these rules and regulations approved by the Council.

3.1.5 The Council reserves the right to exclude from the cemeteries for such period as the Council determines any person offending against these regulations.

3.1.6 Children are permitted in the cemeteries but should do so under the care and supervision of an adult.

3.1.7 Some but not all cemeteries have vehicle access. Admission of vehicles is subject to the following conditions:-

3.1.8 To the extent permitted by law no liability is accepted by the Council for loss or damage to a vehicle or its content, or injury to its drivers or passengers however arising.

3.1.9 Dogs are permitted in the cemeteries but must be kept on a lead and under proper control at all times. Any dog faeces must cleared away immediately by the dog owner and disposed of in the bins provided.

3.2 Conduct of visitors

3.2.1 All persons shall conduct themselves in a decent, quiet and orderly manner and are reminded of the provisions of Articles 18(1) of The Local Authorities' Cemeteries Order 1977. These state that no person shall:

3.2.2 Every person contravening any of the above provisions is liable on summary conviction (currently £1000, and in case of a continuing offence to a fine not exceeding £10 for each day during which the offence continues conviction thereof.

3.2.3 Musical instruments may be played only with the prior consent of the Council.

3.2.4 Visitors are requested to deposit litter, spent flowers or any other unwanted items in the bins provided.

3.2.5 No persons shall sell or offer or expose for sale any article, commodity or thing of any kind whatsoever or solicit orders for the same, within the cemeteries.

3.2.6 All enquiries, complaints and requests by members of the public should be made to the Cemeteries Officer.

3.2.7 All visitors must refrain from interfering with trees, shrubs and flowers.

Interments

4.1 Booking of interments

4.1.1 Prior telephone booking is required for every interment and a Notice of Interment, on the forms provided by the Council must be submitted to the Cemeteries Officer during normal office hours at least 2 clear working days before the date and time of the interment.

4.1.2 The notice of interment is also the confirmation of the telephone booking which is provisional until the Cemeteries Officer checks the Notice of Interment. The Council will not accept any responsibility for consequences arising from the loss or delay of any such notice, order or any other document sent by post nor for the accuracy of the details contained in the Notice of Interment.

4.1.3 The Notice of Interment must be signed by one of the following persons:

The applicant for Exclusive Right of Burial
The owner of Exclusive Right of Burial or the person authorising the opening or re-opening of the grave for his interment
A person instructing an interment in an unpurchased or common grave

4.1.4 The person/s arranging the interment shall be responsible for the attendance of a Minister of Religion to officiate at the burial service (if desired) and for the payment of any fee to which the Minister is entitled.

4.2 Hours of interments

4.2.1 Interments may only take place in accordance with these regulations, subject to availability and between the hours of:-

Monday to Thursday 1000 to 1500 hrs
Friday 1000 to 1430 hrs

4.2.2 No burials may take place on Saturdays, Sundays or on Bank or other Public Holidays. In special circumstances and by prior arrangement interments may take place outside of these hours however additional charges will be incurred.

4.2.3 The time appointed for an interment will relate to when the funeral cortege is to arrive at the grave side (or the Chapel) where the interment is to take place. All funerals shall be under the control of the appropriate representative of the Council.

4.3 Certificates of disposal

4.3.1 No burial will be allowed to take place unless one of the following certificates is delivered to the appropriate representative of the Council before an interment takes place.

A Coroner's Order for burial or the disposal certificate issued by the Registrar of Births;
In the case of a stillborn child, the appropriate certificate under the Births and Deaths Registration Act 1953;
In the case of a non-viable foetus the Medical Practitioner's or Midwifes' certificate of delivery will be required;
In the case of interment or a scattering of cremated remains, the cremation certificate issued by the Cremation Authority.

4.4 Infectious diseases

4.4.1 Where a funeral is of a person who has died of an infectious disease, the Notice of Interment must contain a statement to this effect. The body of a person who died from an infectious disease will not be allowed to be taken in the Cemetery Chapel.

Coffins/Caskets

5.1 Every body brought into the cemetery for interment shall be contained in a suitable coffin /casket bearing a name plate establishing the identity of the body contained therein.

5.2 Traditional wooden coffins or ecologically friendly coffins only shall be used. No metal or plastic type coffins/cremated remains caskets will be allowed.

5.3 The exact dimensions of the coffin shall be entered on the Notice of interment. Should the coffin be in excess in size an additional charge may be incurred.

5.4 The responsibility for providing sufficient bearers to carry the coffin rests with the funeral director or person arranging the funeral.

Graves

6.1 Allocation of new graves

6.1.1 Some cemeteries are segregated by religious denominations. Enquiries about sections of the cemeteries reserved for different religious groups should be made to the Cemetery Officer and the allocation of graves in these sections is subject to availability.

6.1.2 The allocation of grave spaces in all cases shall be at the discretion of the Council. If requested at the time of booking the interment, new graves will be available for selection subject to the approval of the Council and payment of the appropriate fee. Graves will not be available for selection in areas not currently active.

6.2 Excavation of graves

6.2.1 All graves shall be prepared by persons employed by the Council, or its contractors.

6.2.2 Every grave shall be dug central to the allocated grave space. All new graves shall be excavated at 1.93m subject to ground conditions allowing for two burials to take place in each grave space. Re-opened graves will be excavated at 1.50m; children's graves shall be excavated at 1.20m and cremated remains plots at 0.60m.

6.2.3 Two cremated remains interments may take place in each plot in the Garden of Remembrance.

6.2.4 Cremated remains interments may take place in a Lawn grave, however the depth at which the cremated remains are placed depends on whether any previous interments have taken place. It is the Council's policy to safeguard burial space.

6.2.5 The Council reserves the right to place excess spoil on graves, which may temporarily restrict access, when adjoining graves are excavated, and will endeavour to clear the spoil and leave the area tidy as soon as possible after the funeral.

6.2.6 No body shall be buried in a grave in such a manner that any part of the coffin is less than 0.91 metres below the level of any ground adjoining the grave; provided that the Council may, where they consider the soil to be of suitable character, permit a coffin to be placed not less than 0.61 metres below the level of any ground adjoining the grave.

6.2.7 No new brick graves or vaults will be allowed to be constructed

6.3 Re-opening of graves

6.3.1 Graves may be re-opened for further interments subject to space being available.

6.3.2 Where any grave is re-opened for the purpose of making another burial therein no person shall disturb any human remains interred therein or remove them from any soil which is offensive.

6.3.3 No body shall be buried in a grave unless the coffin is effectively separated from any coffin interred in the grave on a previous occasion by a layer of earth not less than 15 cm thick.

6.4 Exhumation

6.4.1 After interment no body or cremated remains may be removed from a grave without the production of the ecclesiastical faculty and/or Home Office Licence for exhumation required by law. The original documents will be required for this purpose.

Scattering of Cremated Remains

7.1 Permission may be sought from the Council to scatter cremated remains over a grave space. A Notice of Interment shall be submitted to the Council for this purpose.

Exclusive Right of Burial

8.1 What is an Exclusive Right of Burial?

8.1.1 The Exclusive Right of Burial entitles the registered owner:

8.2 When can the Exclusive Right of Burial be purchased?

8.2.1 The Exclusive Right of Burial may be purchased in advance of an interment taking place to reserve a grave space subject to availability.

8.2.2 The Exclusive Right of Burial in a grave may be purchased at the time of interment.

8.2.3 The Exclusive Right of Burial may be purchased after an interment has taken place in order to erect a memorial and/or prior to the re-opening of the grave for the interment of another person in the grave.

8.2.4 The option to purchase the Exclusive Right of Burial of an unpurchased grave is open to relatives at any time subsequent to the interment and must be exercised before an interment of an unrelated person has taken place in the same grave. If the grave remains unpurchased, the Council has the right to undertake the interment of an unrelated person in that grave, after a period of 70 years.

8.3 Period of exclusive right of burial

8.3.1 The Exclusive Right of Burial will be granted for a period of 30 years and will be renewable for successive periods of 30 years by the Owner of Exclusive Right of Burial.

8.3.2 An application should be made for renewal of the Right within 12 months of the expiry of the previous grant.

8.3.4 Where the period of grant of Exclusive Right of Burial has elapsed and no notification of an intention to renew has been received from the person who was granted the Exclusive Right of Burial or his/her successors, the Council may grant a renewed Right of Burial to any other person, but before doing so will where possible, attempt to notify the previous owner of the Right, or his/hers successor (if known) and give the option of renewal.

8.3.5 The owner of Exclusive Right of Burial is responsible of informing the Council of any change of address.

8.4 Transferring the Exclusive Right of Burial

8.4.1 The owner of Exclusive Right of Burial may assign the Right of Burial to another person subject to the appropriate administration fee.

8.4.2 After the death of the owner of Exclusive Right of Burial, the Council will need to re-establish the new legal owner of Exclusive Right of Burial. In order to transfer ownership it will be necessary to submit details requested in the transfer of grave ownership and the appropriate transfer fee. Such a transfer will be registered in the Council's records.

8.5 Buy back of Exclusive Right of Burial

8.5.1 Where no interment has taken place in the grave, the owner of the Right of Burial may surrender the same to the Council in return for a payment not exceeding the original purchase price. An administration fee is also payable to the Council, on such instances. No refund will be made where the Exclusive Right period has lapsed.

The Erecting of Memorials

9.1 A memorial may only be erected on a grave space within the Council's cemeteries in accordance with the regulations in force at the time of application.

9.2 Who can apply for the Right to Erect a Memorial?

9.2.1 The Right to Erect a Memorial may be applied for only when the Exclusive Right of Burial for a grave space has been purchased. The right to erect a memorial rests with the registered owner of Exclusive Right of Burial.

9.2.2 The Right to Erect and maintain a memorial in the lawn graves area will be granted for a period of 10 ten years and will be renewable for successive periods of 10 years dependant on the memorial being safe. The right to erect and maintain a memorial in the garden of Remembrance will be for the duration of the Grant of Exclusive Right of Burial, i.e. Up to 30 years.

9.2.3 The period of Right to Erect a Memorial shall not exceed the period of exclusive right of burial.

9.3 Applying to erect a memorial

9.3.1 An application for the Right to Erect a new memorial, to place a new memorial, vase, alter or add to any inscription, refurbish or refix, or replace an existing, add to or remove from the cemeteries any memorial must be submitted to the Cemeteries Officer on the appropriate Memorial Application Form.

9.3.2 The application form must be submitted at least 14 days before undertaking any works.

9.4 Approval of memorial applications

9.4.1 An application for the right to erect a memorial will be confirmed by a deed of grant to the applicant and the issue of a Memorial permit. Memorial permits can only be issued to Memorial Masons registered by the Council or Members of the British Register of Accredited Memorial Masons and any memorial work undertaken must fully comply with the terms and conditions specified in the registration scheme and each memorial erected or re-erected guaranteed in respect of safety and stability including faulty workmanship during the specified period.

9.4.2 A memorial can only be erected on the condition that it may be periodically inspected by the Council and must be found to be safe. Any necessary repairs required must be carried out by a Memorial Mason as above. If this is not undertaken, then the Council reserves the right to remove the memorial and terminate the right.

9.5 Memorials - Lawn graves

9.5.1 The Council's cemeteries are laid to lawn and the placing of memorial tablets or kerbs around the graves is not permitted. No new kerbstone shall be installed nor will any enclosure of any description be allowed. The erection of any form of railings is not permitted around any grave.

9.5.2 A memorial can be erected central to the memorial border in the newer areas of the cemeteries and in the absence of any memorial borders, in the older areas of the cemeteries, at the head of the grave in alignment with other memorials.

(A) Permanent Memorials

The maximum size of memorials shall not exceed 90 cm in height by 90 cm in width by 30 cm in depth or if the memorial is to be erected over two grave spaces 90 cm in height by 200cm in width by 30cm in depth

Memorials erected in the children's section shall not exceed 60 cm in height by 60 cm in width by 30 cm in depth.

Flower vases less 30cm in height are only permitted in the memorial border or in the absence of a memorial border at the head of the grave. If a vase is placed next to a headstone, both memorials should be placed central to the grave space and their added width size should not exceed the maximum width size permitted.

Memorial tablets (as defined in paragraph 9.6.1 below) and kerbstones are not permitted.

(B) Temporary Memorials

A temporary wooden cross not exceeding 90 cm in height above ground level by 60cm wide may be erected at the head of the grave for the first twelve months following an interment. This temporary memorial shall be removed by the Owner of Exclusive Right of Burial or Memorial Mason when a permanent memorial is erected and before the 12 months has elapsed. The Council reserves the right to remove and dispose of the cross, should it fall in disrepair or if it remains on site at the expiration of the permitted period.

The erection of a wooden cross is subject to the approval by the Council of a memorial application.

9.6 Memorials - Garden of Remembrance

9.6.1 Flat memorial tablets not exceeding 5 cm in height by 45 cm in width by 35 cm in depth may be placed in a 'landscape' position over the site of a cremated remains plot. The tablet must be set flush to ground level and can incorporate a vase.

9.7 Memorials - General

9.7.1 All memorials shall be constructed out of natural stone, granite, marble or other hard stone, which must be durable and sound.

9.7.2 The number of the grave shall be engraved on the back of all new and replaced headstones in letters not less than 15mm in height.

9.7.3 Only memorial vases are permitted on unpurchased Lawn graves (graves that don't have a registered owner).

9.7.4 It is the responsibility of the Memorial Mason to ensure memorials are erected on the grave space, at the appropriate levels to the adjacent ground and central to the memorial border or in the absence of a memorial border at the head of the grave in alignment with other memorials. All Memorial Masons shall carry out their work strictly under the direction of the Council and shall fill up and level the ground, remove all waste and unwanted material and make good any damage or injury whatsoever occasioned in the process of the work.

9.7.5 Work on memorials shall not be carried out on Saturdays, Sundays, Bank or other Public Holidays.

9.8 Removal or re-erection of memorials

9.8.1 The removal and re-erection of a memorial to facilitate the re-opening of a grave or to level such grave shall be at the expense of the grave owner or their personal representative. Such work shall be undertaken by a Memorial Mason registered by the Council or masons who are members of the British Register of Accredited Memorial Masons and such memorial shall be replaced as soon as practical after the interment. An application to re-erect the memorial with an additional inscription shall be submitted to the Council.

9.9 Responsibility for memorials

9.9.1 Any monument or memorial erected in the Cemetery remains the property and responsibility of the owner of Exclusive Right of Burial for the grave or their personal representative and therefore, remains in the Cemetery at the sole risk of, and must be kept in good state of repair, by the said owner or personal representative.

9.9.2 The Council will not accept liability for damage to any grave space or memorial or injury to any person within a cemetery except where such damage is directly attributable to the negligence of the Council or their employees.

9.9.3 The Council recommends that memorial owners take out insurance to protect their property.

9.10 Inspection of memorials

9.10.1 The Council periodically inspects all memorials and if any are found to be in an unsafe condition, the Council will place a notice on the memorial and will then contact the memorial owners in order that they can rectify any problems. Should the Council be unable to establish contact with an owner the Council will make the memorial safe or undertake such other remedial action to remove the danger as necessary.

9.10.2 Memorial owners shall be responsible for the cost of repairing or re-instating memorials. The Council will endeavour to notify memorial owners of unsafe memorials but if not repaired or contact not made within two months of this action, the memorial may be removed by the Council.

9.10.3Where a necessary action has been taken in regard to any unsafe memorials and the costs of repair or removal has been borne by the Council, such costs will be recovered from the owner of the memorial or subsequent claimant to the Exclusive Right of Burial, should they become known to the Council.

9.11 The Council reserves the right

9.11.1 The Council reserves the right to:

9.11.2 Remove, without notice, any memorial and take any necessary precautions necessary to safeguard the Council's employees or contractors when digging graves adjacent to any memorial.

9.11.3 To re-fix, move, line-up or otherwise alter the position of any memorial in a cemetery as they may require.

9.11.4 Remove any monument or memorial, which has become, or is likely to become, dangerous or which is in a derelict or unsightly condition.

9.11.5 Remove any monument or memorial where the periods of Exclusive Right of Burial and Right to erect of Memorial have elapsed or when the Right to Erect a Memorial is deemed to be terminated.

9.11.6 Remove any memorial or other item that is placed upon a grave in contravention of these regulations, without notice.

Tributes in the Garden of Remembrance

10.1.1 We respectfully request that all tributes placed in the Garden of Remembrance are not excessive, do not encroach on to adjoining plots, and do not restrict access to adjacent memorial tablets or obstruct the maintenance of the area

10.1.2 The erection of any form of enclosure or low level fencing around the memorial tablet is not permitted nor is the planting of flowers and shrubs.

10.1.3 The Council does not have any objections if a small plant container such as a trough is placed immediately behind the tablet.

10.1.4 The placing of items such as lanterns, wind chimes and ornaments on hooks or spikes is not permitted in the Garden of Remembrance.

10.1.5 Vases, jars and bottles made from glass are not permitted in the Garden of Remembrance.

10.1.6 Other tributes of sentimental value including solar lanterns not exceeding 20cm in height can be placed in the Garden of Remembrance providing they are placed on the memorial tablet or adjacent to memorial tablets directly on or in the ground but not hung from a hook.

10.1.7 The Council reserves the right to remove without prior notice objects, materials, plant and flower containers which have become unsightly and plants, floral tributes and Christmas wreaths which in its opinion are considered to have died or are not in accordance with these regulations and to dispose of the same in such a manner as deemed fit.

10.1.8The placing of new or the replenishing of existing chippings in the Garden of Remembrance can only be undertaken by the Council.

Planting and Tributes in Lawn Graves Areas

11.1.1We respectfully request that all lawn areas are kept clear of tributes in order that maintenance can be undertaken unhindered and that the width of the memorial border is not altered in any way.

11.1.2 The placing of floral tributes or the planting of small annual bedding plants, bulbs, and low growing shrubs is only permitted within the memorial border and shall be maintained by the grave owner.

11.1.3 Shrubs planted should not ultimately exceed 90cm in height and should be non-spreading in nature. The planting of conifers and other trees is not permitted as they can eventually grow very large and their roots can disturb the foundations of headstones and make them unstable.

11.1.4 The planting of flowers and shrubs is not permitted in the older areas of the cemeteries where there are no memorial borders.

11.1.5 The Council reserves the right to remove without prior notice any plant and flower containers which have become unsightly, shrubs, trees or plants, floral tributes and Christmas wreaths not considered to be accordance with these regulations, infringing on adjacent grave spaces or that in its opinion have become unsightly and to dispose of the same in such a manner as deemed fit.

11.1.6 Although care will be taken when excavating new graves, the Council does not accept any liability for loss or damage to planting caused as result of such operations.

11.1.7 The placing of items such as lanterns, wind chimes and ornaments on hooks or spikes is not permitted on any part of the grave or the memorial border.

11.1.8 Vases, jars and bottles made from glass are not permitted on any part of the grave or memorial border.

11.1.9 Other tributes of sentimental value including solar lanterns not exceeding 20cm in height can be placed in the memorial border directly on or in the ground but not hung from a hook.

11.1.10 The erection of any form of enclosure or low level fencing and the placement of chippings, pebbles and stones together with wooden, brick or concrete edging, on any part of the grave or the memorial border is not permitted.

11.1.11 The Council reserves the right to remove without prior notice any unauthorised memorials, materials, tributes not considered to be accordance with these regulations and may recover any cost incurred in doing so and reinstating any damage caused to the ground or any feature within the cemetery from the owner of the exclusive right of burial.

Maintenance and Upkeep of the Cemetery

12.1 Grounds maintenance operations such as grass cutting, leaf and litter clearing, upkeep of trees, shrubs, flower beds, hedges and memorial borders will be carried out by the Council or its contractor, at a frequency determined by the Council and by weather conditions.

12.2 The Council shall endeavour to reinstate all newly excavated graves within 12 months of an interment, subject to grounds conditions and to the season of the year being appropriate for these works to be undertaken. This period is necessary to allow the natural subsidence of the earth used to fill the grave. The reinstatement shall include the levelling and seeding of the grave surface.

12.3 No mound will be permitted over any new grave other than to allow for settlement.

12.4 Funeral wreaths will generally be disposed of within 14 days after interment; however, they may be left longer depending upon how well the flowers have lasted.

12.5 The Council may undertake the planting of roses in the memorial border.

12.6 The Council may place chippings in the areas surrounding the tablets in the Garden of Remembrance.

12.7 The Council reserves the right to disconnect the water supply during the winter months to avoid the freezing and ultimate bursting of the pipes, or when the tap(s) are defective or the water supply provided is being abused.

12.8 The Council reserves the right to change the appearance of the Cemetery and therefore the demeanours of the surround adjacent to a specific grave may change as may any amenity or feature adjacent to a grave.

Fees

13.1 Fees for cemetery services will be determined by the Council annually and will take effect from 1 April each year.

13.2 Fees are payable in advance to the Council except in the case of Funeral Directors and Monumental Masons, dealing continuously with the Council, who are invoiced monthly by the Council.

These regulations were approved by the Executive on 5 December 2011



Browse

Follow us

Facebook Twitter You Tube Flickr

Fareham Town Centre

View Fareham
Today online





Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ
Tel: +44 (0) 1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0) 1329 821770
Read page with Browse Aloud GOV.UK Get Safe Online