Burial Grounds
< Back to Article Listb. Closed Churchyard
Last updated: 12 February 2025 at 09:26:20 UTC by Sophie Brouillet
A closed churchyard is a churchyard belonging (but not necessarily physically attached) to a parish or cathedral church of the
Church of England which has been formally closed by an Order in Council made by the Privy Council.
The closure of a churchyard (England only)
Under common law, parishioners have the right to be buried in a Church of England parish churchyard, regardless of religious belief. However, when a churchyard becomes full, this right must be restricted.
Under s.1 of the Burial Act 1853, the Privy Council can issue an Order in Council, requested via the Ministry of Justice, to close a churchyard for burial. Grounds for closure include: Public health risks, concerns over decency, prevention of nuisance or lack of space for new graves. Closure does not affect the churchyard’s consecration status. Interment of ashes may still occur, and in some cases, limited burials may be permitted in designated areas.
Responsibility for the maintenance of a closed churchyard
When a churchyard is closed, the parochial church council (PCC) is responsible for its maintenance, (Local Government Act 1972, s.215(1)). However, the PCC can request the council (or chair of the parish meeting in areas without a council) takes over maintenance (s.215(2)). When such a request is made by the PCC, the parish council does not have to take on maintenance responsibilities. It has three months in which to pass the responsibility on to the District Council, which has to be a formal resolution of the parish council and written notification to the district. The district council is not required to take over maintenance after the three-month period but may choose to do so voluntarily or offer financial support (s.214(6)).
N.B. NALC have issued advice notes on their website - Closed Churchyards and disused Burial Grounds . [To access the NALC website you will need to set up an individual account (SALC members only). Video guidance on how to do this is available here - https://youtu.be/zapNDmP8jjY?si=jtXhLh0Wm5ANHrO4]