Family burial plots: legal considerations, additional burials and exhumation
Arranging a dignified final resting place for loved ones is a process that requires not only emotional sensitivity but also a clear understanding of the applicable legal procedures. In Riga, as in many other major European cities, the shortage of available burial plots in cemeteries has become increasingly critical.
As new burial plots become scarce, establishing and making thoughtful use of family burial plots is becoming the only option for many families to bring deceased relatives together in a single memorial site. But what should you do if the plot is already full or if there is a need to transfer a relative’s remains from another region?
ANGEL Funeral Services provides a detailed overview of Latvia’s legal framework, the options for reburial and additional burial of urns, as well as the complex procedures involved in exhumation.
The lack of available burial plots in Riga cemeteries
Nowadays, almost all cemeteries in the capital of Latvia are divided into several categories:
- Closed cemeteries: burials have been completely discontinued. Only urns containing the cremated ashes of the deceased may be placed in existing family burial plots within these cemeteries.
- Partially closed cemeteries (such as Meža Cemetery, Raiņa Cemetery and others): new burial plots are no longer allocated. Burials are only possible in existing family burial plots if there is available space or the applicable sanitary periods have been observed.
- Open cemeteries (Bolderāja Cemetery, Jaunciems Cemetery): cemeteries where new burial plots are still being allocated for the time being.
As the Riga City Municipality strictly regulates the allocation of burial plots, an already established family burial plot becomes a highly valuable resource.
According to the requirements of the applicable regulations, cemetery land is not acquired as private property. The land is owned by the municipality (or a religious organization), while the family obtains the right to maintain the burial plot.
For more information on where and how to arrange a burial in Riga and Jūrmala, read our blog article: “Open cemeteries in Riga and Jurmala: where burial arrangements can be made”.
The legal framework for burial in Latvia
The field of funeral services, cemetery maintenance procedures and reburial processes are regulated by several key legal documents:
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Cemeteries Law (Kapsētu likums): the primary legal act regulating the status of burial plots, heirs’ rights, procedures for reburial and burial records.
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Binding Regulations of the Riga City Municipality on the Operation and Maintenance of Cemeteries (Rīgas valstspilsētas pašvaldības kapsētu saistošie noteikumi): regulations establishing specific requirements for burial depth, applicable fees, the rights of cemetery administrators and maintenance procedures.
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Regulations of the Cabinet of Ministers and the Health Inspectorate (Veselības inspekcija): regulate sanitary and hygienic requirements, permits for exhumation and the transportation of human remains between regions.
Expanding a family burial plot: additional burials with a coffin and an urn
If all available space in an existing family burial plot in Riga has been used, there are two legal options for the family to arrange an additional burial (reburial).
Traditional additional burial with a coffin (sanitary period)
According to the law, a repeat traditional burial (with a coffin placed in the same grave) is permitted no earlier than 20 years after the previous burial (the sanitary period).
- During this period, natural processes of organic matter decomposition and mineralisation take place.
- In exceptional cases, based on a hydrogeological assessment and with the permission of the Health Inspectorate, the sanitary period may be reduced to 15 years.
- The depth of a repeat burial is strictly regulated (from 0.7 to 1.2 metres to the lid of the new coffin).
Additional burial of ashes in an urn: an ideal solution when space is limited
If the 20-year sanitary period has not yet expired but cemetery space is limited, cremation becomes the main solution.
- Terms: to place an urn containing ashes in an existing family burial plot, there is no need to wait until the 20-year sanitary period has expired.
- Capacity: a standard family burial plot can accommodate an unlimited number of urns (within reasonable limits).
- Depth: the urn is buried at a depth of at least 1 metre, without disturbing the remains of those previously buried.
Exhumation: when and why is it necessary?
Exhumation is the procedure of removing human remains from their current burial place, either for the purpose of medical examination or, more commonly, for subsequent reburial.
In the context of establishing and maintaining family burial plots in Latvia, exhumation may be required in the following situations:
- Family reunification: relatives have been buried in different cemeteries in Latvia (or in other countries), and the family wishes to transfer their remains to a single main family burial plot in Riga.
- Relocation from regional cemeteries to the capital: when it is no longer possible to maintain a neglected or abandoned grave in a remote region of Latvia, relatives may decide to transfer the remains and arrange a reburial closer to their place of residence.
- Optimising the burial plot through cremation: the remains of an earlier traditional burial are exhumed, subsequently cremated and reburied as an urn burial, making additional space available in the family burial plot for future generations.
Legal and practical regulations for exhumation in Latvia
Exhumation is a procedure that requires strict compliance with sanitary, epidemiological and administrative regulations. Carrying out an exhumation arbitrarily or without the required permits is prohibited by law.
Legal requirements for the exhumation of human remains:
- Time restriction: according to the provisions of the Cemeteries Law and Riga municipal regulations, the reburial of human remains is permitted no earlier than one year after the burial.
- Applicant: an application for exhumation may only be submitted by the officially registered holder of the burial plot or their direct legal heir, who has provided proof of their family relationship.
Required documentation
The list of documents required for an exhumation varies depending on the specific circumstances. Therefore, ANGEL Funeral Services will provide individual assistance with preparing and completing all the necessary documentation.
How does the exhumation procedure take place?
The exhumation of human remains is carried out in the presence of specialists from the sanitary and epidemiological services, the cemetery administrator and a representative of the funeral services provider.
- The work is carried out during the cold season or in the early morning hours, in accordance with specific safety requirements.
- The remains are placed in a hermetically sealed zinc coffin or a specialised transport coffin (or a small coffin intended for reburial).
- If the family decides to proceed with cremation, the remains are transported to a certified crematorium in Latvia. Afterwards, the family receives an urn containing the ashes together with the cremation certificate.
Rights to a family burial plot: legal transfer and inheritance
With the adoption of the unified Cemeteries Law, the rules governing the ownership and transfer of rights to family burial plots in Latvia were clearly established:
- Transfer during the holder’s lifetime: if the current burial plot holder wishes to transfer the rights to a relative, a reasoned application must be submitted to the municipality. The person taking over the rights must confirm their consent within 14 days.
- Transfer after the holder’s death: in the event of the holder’s death, the right to maintain the burial plot passes to their spouse, close relatives or persons who lived together with the holder.
- Risk of losing the burial plot: if a family burial plot is not maintained, is abandoned and is officially recognised as an unmaintained burial plot for three consecutive years, the municipal commission has the right to terminate the use agreement and return the burial plot to the available plot reserve.
Comprehensive assistance from ANGEL funeral services
Handling documentation for family burial plots, exhumation and reburial procedures in Riga cemeteries requires a high level of expertise and time.
ANGEL specialists take care of the entire process:
- Legal assistance: obtaining the necessary permits from the Health Inspectorate, Riga Cemetery Administration and the Civil Registry Office (DZIN).
- Exhumation arrangements: professional dismantling of monuments and fences, carrying out sanitary procedures and the qualified exhumation of human remains.
- Cremation or reburial: organising the cremation process or transporting the remains by specialised transport to a new cemetery or abroad.
Creating a unified family memorial is a meaningful way to honour your loved ones and preserve your family history for future generations. Contact ANGEL consultants to receive a transparent cost estimate and expert legal assistance with all burial-related matters in Riga and throughout Latvia.
