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What information do you need to know when you acquire a funeral concession?

Publié le 24 octobre 2023 - Legal and Administrative Information Directorate (Prime Minister)

In this period of All Saints' Day, Service-Public.fr provides an update on any questions you may have about burial concessions. Who can acquire a concession in a municipality? What are the different types of concessions that exist? How long? What is the procedure when a concession is in a state of abandonment? Here are some practical answers to help you.

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Image 1Crédits: © Patrick Daxenbichler - Stock.adobe.com

One burial concession is a location in a cemetery (cellar, tomb) or columbarium (urns containing ashes of burned people).

The contract signed with the municipality, called act of concession specify the beneficiaries and the duration of the concession.

Find the fact sheets offered on Service-Public.fr for accurate answers on burial concessions.

Who can acquire a concession in a municipality?

Article L. 2223-3 of the General Code of Territorial Authorities (CGCT) specifies the persons for whom burial (or burial concession) in a cemetery in a commune is due. These are people:

  • who died on its territory, irrespective of their domicile;
  • domiciled in the municipality, even though they may have died in another municipality or not domiciled in the municipality but are entitled to a family burial (family or collective concession);

The French settled outside France who do not have a family grave in the commune and who are registered on the electoral lists of the commune also have a right to burial.

Please note

if you do not meet these conditions, you have the right to apply for a concession in the municipality. However, the mayor may refuse your request because of a lack of space in the cemetery, for example. Rules and regulations It is useful to consult the cemetery's doctor before filing your application.

What are the different types of concession?

There are 3 types of concession:

  • the individual concession is reserved for the person who acquired it;
  • the collective concession shall be reserved for the persons designated in the funeral grant, whether or not they are family members. While the holder may, during his lifetime, change the beneficiaries, no person may be added to the contract after his death;
  • the family concession shall be reserved for the original holder and members of his family.

How long is a concession?

Municipalities may establish four concession periods:

  • temporary concessions granted for a maximum period of 15 years;
  • thirty-year concessions;
  • Fifty-year concessions;
  • perpetual concessions.

A license can also be converted into a longer term license, for example a thirty-year license can be converted into a fifty-year license. The local authority which granted the concession should be contacted. It is, however, for the municipal council to choose the concession periods it wishes to grant, in particular in view of the municipality’s place in the cemetery.

Please note

the term of a funeral concession shall begin on the date of its acquisition. The concession is owned by the holder or the co-holders. After the death of the person holding the concession, it belongs to his heirs (in unison). You can apply for renewal if you are the heir of the concession. In this case, you must submit your renewal application to the city hall on which the cemetery depends, within 2 years of the concession deadline.

FYI  

the price of a concession is fixed by the municipal council and varies from one municipality to another. It may also vary depending on the location of the concession.

What procedure for a concession which is in a state of abandonment?

The burial concession holder is required to maintain the burial site, for example to ensure that the monument does not collapse, and to comply with the cemetery regulations. In the event of a concession being damaged (indecent or dilapidated appearance), the municipality may declare that it has been abandoned and start a take-back procedure when:

  • the concession is more than 30 years old;
  • the last burial was at least 10 years ago;
  • the family or person responsible for maintaining the concession is informed;
  • one 1-year waiting period on the basis of the finding of abandonment is respected.

Please note

if a person who died for France is buried in the concession, a minimum period of 50 years must be respected from the time of his burial.

FYI  

The maintenance of the graves of the deceased is a moral duty but also a regulatory obligation. Indeed, Article R2223-17 of the General Code of Territorial Authorities provides that burial concessions of more than 30 years left abandoned (ten years after the last burial) may be taken over by the town halls.

The concession is a simple right of use. The commune remains the owner of the land.

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