The rules for burials and the maintenance of graves in cemeteries are governed by the Act of January 31, 1959, on Cemeteries and the Burial of the Dead.
As a rule, a grave cannot be used for reburial before the expiration of 20 years (Article 7, Section 1 of the aforementioned Act). After the expiration of 20 years, the grave cannot be reused for burial if any person objects and pays the burial fee. This objection is effective for a further 20 years and can be renewed. This means that the family of the originally buried deceased is not sufficient to object to the removal of the gravestone; an appropriate extension fee must also be paid. This fee is paid pursuant to an agreement with the cemetery authorities. Importantly, the agreement may provide for longer terms for reserving the cemetery space.
It is worth remembering that the land under the tombstone is not owned by the family of the deceased, hence the need to pay for the burial site in the future.
Katarzyna Płowens
attorney at law
tel. + 48 604 696 245
www.kancelariaplowens.pl