When you buy a new grave you purchase the exclusive rights of burial for that grave for a set period of time. The law specifies that graves cannot be sold for more than 100 years but allows ownership to be extended. For Worting Road Cemetery the exclusive rights of burial are for a 75 year term and at the end of the period you will be given the option of renewing the rights.
At the end of the period of rights of burial, cemetery staff will try to contact you to give you the option to renew the lease. It is important that you inform the cemetery office if you change your address, otherwise you may not receive a notice of renewal at the appropriate time.
If you don't want to renew the lease or you cannot be contacted, cemetery staff will give you a set period of time to remove any memorial, after which time they can lawfully remove it.
If you decide to renew the lease, this may be on condition that any memorial present receives a full inspection and stability test, and any defects found are repaired.
Graves cannot be opened without the written permission of the registered owner of the grave. The only exception is when the registered owner is to be buried. The law protects your rights as registered owner of the grave.
Ownership of the exclusive right of burial of a grave can be transferred from a deceased owner via that owner's estate. If you need to transfer ownership when all owners are deceased, you must contact the cemetery office. Staff will arrange for a transfer with due compliance with the law.
The exclusive rights of burial state the cost at the time of purchase. This does not however include the grave digging costs and chapel use (if relevant) which would have been included on your funeral account.
Graves have to be a sufficient depth to allow for multiple burials if required. For a double depth grave they would need to be deep enough to allow for the coffin or casket, a layer of earth which legally needs to remain undisturbed, an additional coffin and the final layer of earth that must cover the last interment.
Graves are prepared for burial at least one full day before the funeral and are covered overnight. The ICCM Guiding Principles for Burial Services state that immediately after the mourners have left the graveside, the grave must be entirely backfilled and made tidy. This work is completed on the day of the burial, and coffins will not be left uncovered overnight.
Anyone can witness the grave being filled in however the Cemetery Officer will need to be advised of this prior to the funeral.
Some cultures require that the grave is filled in while relatives watch or may wish to undertake the backfilling of the grave themselves. It is essential that the cemetery is made aware of these requirements when the burial is first arranged. This will ensure that the family's wishes are met, and their safety is protected during the backfilling process.
When a grave is purchased it will be stated how many burials a plot can take. The depth to which the grave is excavated for the first burial must take into account the need for other burials. There are legal requirements as to how much earth must be left on top of the last coffin. It is not possible to put an extra coffin into the grave, not purchased at the outset without breaking the law. However, after the grave is full for coffined burial, cremated remains caskets or urns may still be buried within the grave.
When a new grave is purchased it is not the land itself that is purchased, but the rights for burials to take place in that grave. These rights allow the erection of a memorial on the grave, in accordance with the rules and regulations of the cemetery. Contact the Cemetery office to find out about the type of memorial options available for specific grave types.
The written authority of the owner of a grave must be given on a memorial permit application form before the proposed erection of a memorial. Cemetery staff will check that memorials conform to regulations regarding size, fixings and stability. This helps protect your interests however you will remain responsible for the maintenance of the memorial in the future. You can ask your memorial mason for a workmanship guarantee or details of insurance.
You are responsible for maintaining your memorial in a safe condition throughout the period of the Right to Erect and Maintain a Memorial. We as the burial authority are responsible for maintaining the cemetery in a safe condition.
Cemetery staff will routinely inspect your memorial and if found to be unstable and likely to cause injury may cordon it off, lay it flat or have a temporary support installed. You will be notified and it will be your responsibility to arrange repair. If your memorial is still under guarantee the memorial mason will be responsible for repairs at no extra cost to you. If you ignore the notice, your memorial may be laid flat, and you will not be allowed to renew the lease until repairs are made. After further notification, if no repairs are made to the memorial, it may be lawfully removed from the cemetery.
Your memorial mason has a responsibility to provide a memorial of merchantable quality and to erect it in a safe manner. You should insist that the memorial is erected in accordance with the NAMM Code of Practice, and seek a guarantee from your memorial mason.
If you would prefer a larger, more traditional type memorial you should not opt for a lawn grave.
The lawn grave was designed on the war grave principle - a limited sized memorial at the head of the grave with the rest laid to lawn. This makes best use of the area available and maintenance is easier. These graves are sold on the understanding that only lawn style memorials are erected. Full memorials are only permitted on traditional graves.
There may be a time period stipulated in the cemetery regulations for adding lawn grave memorials to allow for the ground to settle. During this period, cemetery staff monitor any sinkage and top-up with topsoil until settlement stops. This period differs around the country due to soil types and conditions.
Should you have any other questions please contact the Cemetery Officer by emailing cemetery@basingstoke.gov.uk.
Receive information on council services, news and events by email.
Subscribe© 2025 Basingstoke and Deane Borough Council