Buildings and maintenance / Churchyard Regulations
DIOCESE OF BRISTOL
CHURCHYARD REGULATIONS
ISSUED BY THE CHANCELLOR OF THE DIOCESE, 1999
1 GENERAL
i The Parochial Church Council (PCC) is responsible for the care and maintenance of the Churchyard under the Parochial Church Council (Powers) Measure 1956.
ii Works (including the introduction, renewal or alteration of any item) may only be carried out in accordance with these current Regulations.
2 LOCAL CHURCHYARD RULES
It is recommended that every PCC should formally adopt a set of Churchyard Rules to cover the use and maintenance of the churchyard. These Rules must conform to the Chancellor's Regulations but should also include more detailed requirements for day-to-day care. (A model set of Churchyard Rules, which can be adopted or modified by the PCC to suit local circumstances, can be obtained from the Diocesan Registry or from the Secretary to the Diocesan Advisory Committee.)
3 RIGHTS OF BURIAL
Provided the churchyard has not been closed by Order in Council:-
i Parishioners (including those on the church electoral roll) and others who die in the parish have a right of burial in the churchyard, if there is space remaining.
ii The incumbent, PCC and churchwardens may also grant permission for the burial of other persons at their discretion.
iii A grave space may be reserved by faculty, but not otherwise.
iv The whole churchyard is vested in the incumbent alone. No right of ownership is conferred upon the relatives of the deceased (or upon any other person) by any of the following:-
- the reservation of a grave space;
- the exercise of the right of burial; or
- the erection of a memorial.
4 PERMISSION FOR MEMORIALS ON GRAVES
The erection of a memorial is a privilege, not a right. The ultimate authority is that of the Chancellor of the Diocese, exercised in the Consistory Court upon an application for a faculty. He has the power to allow by faculty any kind of gravestone or other memorial in a churchyard. Faculty application forms can be obtained from the Diocesan Registry. Statutory fees are payable.
A limited authority, however, is delegated by the Chancellor to the incumbent to give permission for memorials provided that in size, design and material they fall within the category of what is normally recognised as suitable. Permission must be given in writing. The requirements are as follows:-
1 Materials The memorial must be in one of the following materials:-
a English limestone or pennant stone; or
b unpolished grey granite; or
c Nabresina (Roman stone); or
d English oak; or
e English or Welsh slate.
2 Form The memorial must consist of:-
a a headstone not more than 4' (120 cm) high; or
b a cross not more than 4'6" (135 cm) high; or
c a horizontal slab sunk so that the surface of the same is sufficiently flush with the surrounding earth to allow a mower or autoscythe to pass over it.
3 Advertisements or trademarks No identification of the maker or supplier must appear on the memorial other than the name only of the craftsman or designer in letters not more than half an inch (13 mm) high.
4 Base Any base upon which a headstone (or other memorial) is fixed for stability must be sunk low enough into the ground to allow a mower or autoscythe to pass over it.
5 Spacing Headstones must be placed conveniently for the churchyard mower to pass around them.
6 Additional features A memorial shall not include any photograph, metal or plastic inserts, railings, chippings, statuary, bird baths or other artefacts.
Only memorials which conform to these requirements can be permitted under the powers delegated to the incumbent.
5 EXISTING MEMORIALS
It is not uncommon for churchyards already to contain memorials introduced in the past (with or without faculty) which do not conform to the criteria set out in section 4 above. However, such memorials are not to be followed as precedents. If there is any doubt, the advice of the Registrar or the DAC should be sought.
6 APPLICATIONS FOR MEMORIALS
An application to the incumbent must be made by letter or using the form “Application to introduce a Memorial into a Churchyard” obtainable from the PCC, the Registry (tel 01749 674747) or DAC Office (0117 9060100). The design must be submitted for the incumbent's approval before any order is given to a stonemason. Information provided must include: the inscription (properly set out); the style of lettering; full particulars of the materials; the dimensions; and details of the proposed foundation work. No further steps may be taken before approval is received in writing.
The incumbent should consider whether the proposed design and materials harmonise with those of neighbouring graves, and with the materials of the church itself. He or she should also consult the local Churchyard Rules (see above under section 2). If the incumbent is in doubt whether a particular design is suitable or within the limits of the allowed discretion, OR if there is a controversy, an application should be made to the Chancellor for a faculty. Where the incumbent decides not to allow the erection of a memorial, the applicant must be advised of the right to make an application to the Chancellor for a faculty.
7 CREMATION PLOTS
The creation of a new area for the burial of cremated remains will require a faculty. (A guidance leaflet is available from the DAC.) The faculty will set out the governing regulations for the cremated remains area including its extent, any landscaping to be included, and the size and materials for individual memorials.
Existing areas for cremated remains must be maintained according to the local Churchyard Rules.
8 CLEARANCE OR ALTERATIONS TO GRAVESTONES OR MEMORIALS
No gravestone or memorial may be moved or removed without a faculty. The Diocesan Registrar can provide further advice. In the case of repairs, the DAC will advise whether the works are substantial (so requiring a faculty) or de minimis.
9 CULTIVATION
The surface of the churchyard should be kept as level as possible, free from mounds or kerbs, so that the grass may be cut. Bulbs may be allowed. Further details may be listed in the Churchyard Rules.
10 RIGHTS OF WAY
Rights of Way or Wayleaves (whether private or public) including telephone or electricity poles or pipelines over or through consecrated ground require a faculty. Without a faculty they are invalid.
11 EXHUMATION
Please see the current Chancellor's Guidelines regarding Exhumation. (A copy is available from the Diocesan Registry.)
12 THE ROLE OF THE INCUMBENT AND OF THE ARCHDEACON
In these Regulations the "incumbent" of a parish includes the priest-in-charge and, in the event of a vacancy, the Archdeacon (subject in this case to any direction by the Bishop).
Chancellor's Churchyard Regulations 1999 Edition/revised May 2001, August 2003