Cemetery, mortuary; issuance of a usage regulation

The 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 an ecclesiastical cemetery adequately covers the need.


It is the responsibility of the municipality to establish, maintain and operate the necessary burial facilities. It regulates the use of these facilities in a statute. In addition to general regulations, the statutes also specify, for example, details of the rights to use a gravesite, requirements for the size and location of gravesites and the duration of the resting periods for the buried deceased.


Deceased residents of the municipality have the right to be buried in the municipal cemetery of their municipality. The same applies to those who have died or been found dead in the municipality's territory, if proper burial is not otherwise ensured. In addition, the burial of non-locals is at the discretion of the municipality, which may regulate this in the bylaws, if necessary. Prior to burial, those liable for burial must acquire the right to use a gravesite.


  • The applicable fees are set by the respective municipality in a fee statute.


Administrative court proceedings; information

administrative claim


Responsible for editing:Bayerisches Staatsministerium des Innern, für Sport und Integration

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