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Burial grounds - rules and regulations

These Rules and Regulations are made and applied by Perth and Kinross Council in accordance with the Burial and Cremation (Scotland) Act 2016, together with the Burial (Scotland) Regulations, statutory guidance and any subsequent regulations or amendments as and when they commence.

All burials, interments, lair ownership matters, memorial installations and associated activities within Council managed burial grounds must comply with the above legislation and with these Rules and Regulations.

Burial administration 

The Council operates a centralised burial administration service based at Perth Crematorium. All bookings for interments, enquiries regarding new and existing lairs, requests for information, and lair searches should be directed there.

Glossary 

  • Interment - Burial 
  • Lair - Grave
  • Half lair - smaller grave suitable only for burial of ashes 
  • Casket - container of ashes
  • Memorial - headstone
  • Floral tributes - wreaths, flowers, plants, and other items placed on a lair 
  • Memorabilia - personal commemorative items placed on a lair in memory of the deceased, including photographs, ornaments, and other keepsakes

Burials

Sale of lairs

The Council may sell a single lair to an individual when required, or in advance where available (pre-purchase). The availability of lairs for advance purchase may be withdrawn or reinstated from time to time at the Council's discretion, subject to operational requirements, capacity and applicable legislation. 

Upon purchase, a Lair Certificate, granting an Exclusive Right of Burial will be issued to the purchaser and should be retained carefully. The Exclusive Right of Burial confers a right of burial only and does not constitute ownership of the land, which shall always remain in the ownership of the Council.

Disposal of lairs 

A lair, or the space within it, may not be sold or transferred by the lair owner to an unrelated third party. 

Transfer of ownership 

Ownership of a lair may be transferred to another individual where the lair owner is living. Where the lair owner is deceased, transfer shall be made in accordance with the terms of a valid will, or, where no valid will exists, to the lair holder's successor in accordance with the laws of succession in force in Scotland at the time of transfer. Specific application forms are available from the Council for this purpose. 

Use of full lairs 

Full lairs may accommodate up to three coffin interments, depending on the cemetery, ground conditions, coffin dimensions and the depth of the first interment. Full lairs may also be used for up to four caskets of ashes, or for the scattering of ashes beneath the turf. 

Floral tributes 

Families and Funeral Directors are advised to collect floral tributes after the funeral service. Where tributes are not collected, they will be retained until removed from the grave by staff, typically within three weeks of the funeral service. Perth and Kinross Council cannot accept responsibility for floral tributes left before, during, or after a funeral service.

The presence of wildlife in some burial grounds may result in damage to floral tributes and, while pest control measures are in place, responsibility for protecting flowers rests with the family. 

Excavation of lairs 

The excavation of all lairs and the construction of monument foundations shall only be carried out by persons approved by the Council. 

Temporary disturbance of lairs 

Where necessary to carry out an interment, the Council may temporarily move memorabilia or other features, or place soil or equipment on a lair. All reasonable steps will be taken to reinstate the lair as close as possible to its original condition. No liability will be accepted unless negligence by Council staff can be demonstrated. Where decorative arrangements or enclosed areas are present, these must be temporarily removed prior to the reopening of a lair. The Council reserves the right to remove and place these items behind the headstone in preparation for the forthcoming burial. 

Exclusive Rights of Burial - duration 

For Exclusive Rights of Burial issued on or after 1 March 2026, the duration of the right shall be 25 years from the date of issue, in accordance with the Burial and Cremation (Scotland) Act 2016 and associated Burial Regulations. 

At the expiry of the initial 25-year period, the Exclusive Right of Burial may be extended for further periods of ten years by the lair owner or their successor, subject to: 

  • payment of the appropriate fee that may be in force at the time of renewal 
  • compliance with any statutory requirements, regulations, or guidance applicable at that time

Where an Exclusive Right of Burial is not renewed, the Council will act in accordance with the relevant legislation, regulations and statutory guidance then in force.

Ashes

Application of rules 

These rules and regulations apply equally to the interment of caskets containing ashes and the scattering of ashes.

Application process 

An Application for interment or scattering of ashes must be made in the same manner as for the burial of a coffin.

Scattering of ashes 

Ashes may not be scattered above ground or elsewhere within a burial ground. Scattering must take place beneath the turf of a lair held by the lair owner and shall only be carried out by a Council representative following the temporary removal of turf.

Memorial monuments and headstones 

Memorial applications 

A lair owner, or their appointed representative and Perth and Kinross Council-registered memorial mason, may apply to the Council for permission to erect a headstone on a lair. Applications must include full and accurate dimensions of the proposed memorial, following approval, the Council will arrange for a foundation of appropriate dimensions to be prepared within an agreed timeframe. 

Please note:

  • the installation of a headstone on a single empty and unused lair is not permitted prior to an interment taking place 
  • a headstone placed on an occupied lair may, with the Council's prior approval and the written consent of both lair owners, overlap an adjacent lair where both lairs are occupied; in such circumstances, a single memorial may be permitted to span both lairs
  • no inscription shall be permitted on the rear of a monument unless the lair immediately behind is owned by the same lair owner, or the lair owner of the grave behind has given prior written permission.

Dimensions and safety 

A headstone must not encroach upon any part of a lair that may require reopening for burial. The maximum width of the headstone and its base must be at least 75mm (3") less than the width of the lair and when installed on a single foundation the total height must not exceed 1,200mm (4ft) above ground including the exposed base.

Where a headstone is affixed to a continuous concrete raft, the maximum permitted height may be increased to 1,500mm (5ft). The Council reserves the right to remove any unauthorised memorial, with all associated costs recovered from the lair owner.

Where there is any doubt regarding the width of the grave, the type or size of foundation, or the suitability of a proposed memorial design this includes any non-standard, bespoke, or unusual features, please do not proceed with the application without first contacting Bereavement Services. All special or non-standard memorial designs must be submitted for approval and receive written consent prior to construction. Failure to do so may result in refusal of the application or the need for alteration or removal, for which the Council accepts no responsibility.

Decorative features and fixtures

General decorative items

The placing of decorative features or other items on lairs, including plants, gravel, small fences, kerbing, and similar objects, is strongly discouraged. Where such items are placed, they must not extend more than 1.83m (6ft) from the face of the headstone and must not encroach onto neighbouring lairs. Any items placed on, in, or around a lair are left entirely at the lair owner's risk and may be removed by the Council at any time for operational, safety, burial, or maintenance purposes. The Council accepts no responsibility for the loss of, or damage to, any such items.

Large or permanent fixtures

To ensure access is maintained for future burials in adjoining lairs, larger or permanent fixtures, including kerb sets, are not permitted within the cemetery.

Responsibility for memorials

The lair owner is solely responsible for the ongoing upkeep, maintenance, and safety of any memorial, headstone, or associated feature erected on their lair. This responsibility includes ensuring that the memorial remains stable, secure, and does not present a risk to staff, visitors, or other lair owners. 

The Council will carry out scheduled memorial safety inspections on a periodic basis as part of its statutory duty to manage burial grounds safely. Where a memorial is found to be unstable or considered to pose an immediate risk, the Council reserves the right to take such action as it deems necessary to make the memorial safe.

In circumstances where urgent action is required, it may not be possible to provide advance notification. However, the Council will make every reasonable effort to contact the registered lair owner or their representative as soon as practicable after safety works have been carried out, to explain the action taken and any further steps required.

Lair owners are therefore asked to keep their contact details up to date with the Council to ensure timely communication regarding memorial inspections, safety issues, or regulatory matters.

Please note: the cost of repairs to a memorial, or damage caused by severe weather, falling objects, ground settlement, vandalism, or similar events, remains the responsibility of the lair owner. The Council accepts no liability for such occurrences. It is recommended that you consider purchasing insurance.

Temporary items

Temporary items, including wreaths, flowers, and potted plants and so on, will be removed after an appropriate period, taking account of weather conditions, but no later than three weeks for cut flowers. Seasonal wreaths placed in December should be removed by the end of February. The Council cannot accept responsibility for any items that are damaged or removed during routine maintenance or because of necessary burial works.

General

Dogs

Dogs must be kept under close control and preferably on a lead. Dog fouling must be bagged and disposed of appropriately. 

Amendments

The Council reserves the right to amend, alter, or add to these rules and regulations as considered necessary.

Charges

Charges for burials and associated services may be amended by the Council from time to time.

 

Last modified on 27 May 2026