2024 Residents' Survey
The 2024 South Staffordshire Residents' Survey is live. Have your say and let us know what matters to you.
Privately owned cemeteries
Frequently asked questions relating to privately owned cemeteries
South Staffordshire Council owns two cemeteries in the district, Sytch Lane Cemetery in Wombourne and Strawberry Lane Cemetery in Great Wyrley.
The District also has a number of other cemeteries operated by Parish Council’s or private organisations.
- Does the Council oversee or regulate private cemeteries?
No, unlike local authority burial grounds which are regulated under the Local Authorities’ Cemeteries Order (LACO) 1977 and the Local Government Act 1972, there are currently no statutory provisions governing private cemeteries.
- What is an Exclusive Right of Burial?
A Grant of Exclusive Right of Burial (ERoB) is issued when a person has purchased and owns the rights to bury in an agreed grave plot. An Exclusive Right of Burial does not constitute any ownership of land; the land remains owned by the cemetery.
- Who is responsible for maintaining the grounds of a private cemetery?
Grounds maintenance at a private cemetery is the responsibility of the owner and operator. This includes, cutting of grass, emptying of litter bins and maintaining trees, hedges and shrubs.
- Are the Council responsible for the digging of graves and management of memorials at private cemeteries?
No, the digging, management of grave plots and memorials are the responsibility of the owner or operator of the private cemetery.
- Does the Council have a duty to manage a private cemetery under any circumstances?
No, the Council does not have any legal obligations to take over the management of private cemeteries. This includes where the Council has granted planning permission for the private cemetery.
- Where do I raise any issues or complaints with regards to private cemeteries?
Any issues or complaints should be directed to the owner or operator of the cemetery. In the event a private cemetery has ceased to operate any correspondence should be directed to the appointed administrators.
Citizens Advice can be contacted by calling 0808 2231133 or clicking here: Consumer - Citizens Advice