Funerals, burials and cremations

Contact information

If you would like some help understanding these rules or need them in another format, call us: 030 33 33 3000.

1. Management rules for burial grounds

1.1 In terms of the powers conferred on them by Section 112 of the Civic Government (Scotland) Act 1982 as amended, the Dumfries and Galloway Council (hereinafter referred to as ‘the Council’) has made these management rules (herein referred to as “Rules”) in relation to their management of public burial grounds in Dumfries and Galloway as follows:

2. Lair ownership – conditions of purchase

2.1 The purchaser (the lairholder) and their legal successors will have exclusive rights of burial within the designated lair (a piece of ground for a burial or burials) or lairs, subject to the following conditions:

2.2  The lairholder will be given a lair certificate describing the lair. The exclusive right of burial in a lair, subject to the rules and regulations will be provided to the lairholder and their successors. The Council will provide the lairholder with a lair certificate describing the lair. The lairholder will be registered in the records of the Council and shall have exclusive right of permitting the lair to be opened. However, the owner of the lair will not be permitted to sell this except to the Council. No lairholder shall be entitled to transfer the lair during their lifetime without the approval of the Council.

2.3 The lairholder may also purchase another lair at this time, where available. The Council will fix the price charged for exclusive rights and for issuing and transferring lair certificates and for all burial ground charges.

2.4 Where a lair remains unused after a period of 50 years, the Council shall reserve the right to reclaim the lair at a cost of 75% of the original purchase price or £100, whichever is greater.

2.5 The Council is responsible for the issuing and transferring of lair certificates. The lairholder will not be permitted to sell the right of burial in any lair other than to the Council who may purchase it back at 75% of the original purchase price.

2.6  If a lairholder dies, intestate the exclusive right of burial in the lair shall transfer to the lairholder's successor in the following order of ranking:

• the lairholder's spouse or civil partner
• the lairholder's children (biological or adopted but not stepchildren)
• the lairholder's grandchildren
• the lairholder's great grandchildren
• the lairholder's parents (If still living)
• the lairholder's brothers or sisters
• the lairholder's aunts and uncles
• the lairholder's cousins
• remoter descendants in order of descent
• ascendants in order of ascent

In the event of there being more than one person in any class of relative, the exclusive right of burial will be shared equally and if one person wishes to exercise that right then written consent will be required from the remaining lairholders. In the event of any dispute arising between lairholders the Council will not get involved. Persons in dispute will need to obtain independent legal advice or access alternative dispute resolution or mediation services independently from the Council.

The lairholder shall be permitted to bequeath the lair to any member of his or her family or to a stranger. The Council shall not be responsible for any misunderstanding or error in the acceptance in good faith of any person claiming to be the legal lairholder, or to have a right of burial even though it should be ascertained subsequently that such a claim was unfounded.

2.7 Any transfer of exclusive right of burial shall be subject to the appropriate provisions of in the Statutory Declaration Act 1835.

3. Pre-purchase

3.1 A grave plot or lair is usually purchased at the time of interment. However, some burial grounds have a pre-purchase scheme.

3.2  Lair pre-purchase is only available in cemeteries which have at least 10 years of lair space available. Contact us for a list of available cemeteries.

3.3 You must prove you have a link to the area to be eligible for the scheme. It allows you to purchase a lair in advance which will be allocated at the time of interment. 

3.4 You will be purchasing a non-transferable certificate of the right of interment. You can surrender your certificate at any time and will receive 75% of the purchase price.

4. Lair specification

4.1 A lair shall be sold to accommodate a minimum of 2 standard size coffin interments (to a maximum of 3 where ground conditions allow).

4.2  No reduction in charges will be made where three interments cannot be accommodated within a lair. In some cases it may be only possible for a lair to be dug to a single coffin depth due to ground conditions. In this eventuality another lair will be made available at no extra charge, and where possible this will be adjacent to the original lair.

4.3 No coffin shall be removed to make room for a new interment.

5. Provision of coffin bearers

5.1 The person arranging a funeral shall be responsible for the provision of sufficient bearers to convey the coffin from the hearse to the grave side and for lowering the coffin into the grave.

5.2  If persons acting on behalf of the Council are asked to assist, neither they nor the Council will be held responsible for damage to hearse or coffin, or injury to third parties.

6. Cremation ashes

6.1 The scattering of ashes in the open within cemeteries is not permitted. The burial of cremation caskets will be treated as per normal coffin interment.

6.2 Should a lairholder make a specific request for ashes to be scattered within a lair, the Council will accommodate this where possible.

6.3 Permission may be granted to scatter ashes in a designated remembrance area if this facility is available within a specific cemetery.

7. Monuments

7.1 No tomb, monument, inscription, rail, fence, chain or other structure shall be permitted to be erected or placed in the lair space.

7.2 Approved monuments are restricted to gravestones, base slabs and vase blocks, which will be placed on the lair at the direction of the Council. All gravestones and base slabs shall be constructed of natural stone.

7.3 The section and lair number must be cut plainly on the side of the headstone at the expense of the lairholder.

7.4 Approved monuments must be installed by memorial masons in accordance with the NAMM or BRAMM code of working practice. Memorial masons and their staff shall be suitably qualified, experienced and competent to perform all the works necessary when erecting, dismantling, and repairing memorials to meet current industry and statutory health and safety requirements and guidelines. This will be evidenced by qualifications obtained from an accreditation scheme operated by a recognised industry body, for example the National Association of Memorial Masons (NAMM), although in-house company schemes will be recognised if meeting the required standards (SQA National Occupation Standard award VR 194 fix and secure memorial masonry, or equivalent).

7.5 Memorial masons must be a member of Dumfries and Galloway Council’s stonemasons registration scheme.

7.6 Any spoil created by the memorial mason shall be removed from the cemetery at their own expense unless permission has been sought from the Council to leave in a designated area.

7.7 Any other items placed on the lair space, such as teddy bears, vases, wind chimes. preventing or limiting maintenance of the lair, or which will prevent the opening of the lair for future interments will not be permitted. In the event that this is not complied with, the lair grass will not be cut by the Council during routine maintenance activities. 

7.8 No planting of any kind is allowed on lair spaces.

7.9 Any such structures or items noted above can be removed by the Council.

7.10 Certain planting of memorial trees and shrubs may be allowed in other parts of cemeteries with the written consent of the Council.

7.11 Hewing or dressing of stones is not permitted in public cemeteries, except for renovation work or adding inscriptions to existing memorials. After the work has been carried out, the site must be left clean and tidy.

7.12 No memorial or part of shall be removed from the ground without written notification to the Council thereof.

7.13 The lairholder must keep tombs, monuments and other erections in good order and repair.

7.14 Where a memorial is found to be in an unsafe condition, the Council reserves the right to make safe in the most appropriate way available depending on type of memorial as recommended in the latest Scottish Government guidance Burial ground memorial safety: local authority guidance. The lairholder or descendants are fully responsible as the owner of the memorial to ensure the memorial is in a safe and stable condition and any associated costs to ensure this.

7.15 The Council will not be held responsible for any claims for damages or injury in connection with any tomb, monument or any other memorial installations.

7.16 Memorials are erected at the lairholder's risk. The Council will not be responsible for loss or damage.

8. Memorial benches

8.1 Members of the public can purchase benches from Dumfries and Galloway Council, within cemeteries where there is sufficient space.

8.2 Location of the benches will be subject to the approval of the Council.

8.3 Responsibility for maintaining a memorial bench will remain with the purchaser or family.

8.4 The Council reserves the right to remove any memorial bench which falls into disrepair or is deemed to be unsafe.

9. Maintenance

9.1 The digging and back-filling of graves, restoration and maintenance of the surface will be carried out on the instructions of the appropriate Council officer.

9.2 Wreaths and floral tributes placed on a lair following a funeral will normally be removed by the Council when flowers have withered and not later than 4 weeks after an interment.

9.3 Where wreaths are placed on lairs at Christmas, these will normally be removed by the Council from the beginning of March.

9.4 Where relatives wish to retain any Christmas wreaths, they should be removed from the lair by the end of January.

9.5 Wreaths placed on lairs for Remembrance Day will be removed after a period of two months.

10. Prevention of anti-social behaviour

10.1 Cemeteries will be open to the public in accordance with these Rules.

10.2 Anyone behaving inappropriately or in anti-social manner will be reported to the appropriate authorities.

10.3 Visitors to cemeteries should keep to the paths as appropriate and not walk on lair spaces, or damage flowers, shrubs or trees.

10.4 Children under the age of 16 should be accompanied by an adult at all times and behave in a manner appropriate to the location.

10.5 Dogs will be permitted in cemeteries provided they are kept on a lead at all times.

10.6 Dog owners should be aware of the requirements of the Dog Fouling (Scotland) Act 2003 and ensure that any fouling is removed immediately and properly disposed of.

10.7 Paths within cemeteries are easily damaged and we kindly request that those entering the cemeteries on horseback consider the damage which may occur should they choose to use the path. The path surface may become damaged by long term equine use, which will remove the accessibility for those who are less able.

10.8 No drinking of alcohol, taking of illegal substances or any other anti-social behaviour, cycling or playing of games, will be permitted in cemeteries.

11. Vehicles

11.1 With the exception of hearses, the taking of vehicles into cemeteries shall be restricted to taking elderly, infirm or disabled relatives to visit graves and a Blue Badge must be displayed in the vehicle.

11.2 Essential vehicles shall be driven on roadways only and not across grass areas or graves.

11.3 The Council shall not be held responsible for any damage or loss to vehicles or property left in parking facilities.

12. Interpretation of Rules

12.1 Any difference or dispute arising regarding the meaning or interpretation of these Rules will be decided by the chief executive or other such officer of the Council so duly authorised in that regard by the chief executive.

12.2 The Council may amend these Rules and make such additional rules, in accordance with the relevant legislation, as deemed necessary to improve the management of the cemeteries.