A new burial law has been in force in Bremen since the beginning of 2015 – there is another exception to the cemetery requirement. In addition to burial at sea and approved family crypts, it is now permitted to scatter the physical remains in the form of ashes on private land at the written request of the deceased. STEIN spoke to the State Councillor at the Senator for the Environment, Construction […]
A new burial law has been in force in Bremen since the beginning of 2015 – there is another exception to the cemetery requirement. In addition to burial at sea and approved family crypts, it is now permitted to scatter the physical remains in the form of ashes on private land at the written request of the deceased. STEIN spoke to Gabriele Friderich, State Councillor at the Senator for the Environment, Construction and Transport of the Free Hanseatic City of Bremen, about the opportunities that lie in the new law, including for stonemasons.
Have there already been many requests to scatter the ashes of the deceased in a private place outside the cemetery?
There have already been around 25 requests. Around 20 have also been approved by the responsible forensic medicine office.
What is the procedure for obtaining permission?
The applicant’s last place of residence must have been in Bremen. Proof can be an identity card, a death certificate or a tax assessment notice, for example. In addition, a written disposition of the place of scattering is required, i.e. the private property on which the ashes are to be scattered. A land register entry or affidavits from the owners can be cited here. The deceased designates the person who is to take over the care of the deceased. This person must then declare under oath that they have placed the ashes on the private land designated for this purpose.
Now we keep hearing about problems with a change of ownership or a lack of control options.
We are not aware of any such problems. The law has only been in force since the beginning of the year. But basically it has to be said: if the ashes of a deceased person are scattered on private land, there is no encumbrance in the land register. They are human remains and should be scattered with respect. However, ashes are ashes. There are no problems with burials at sea, which are also permitted in Bremen. The ashes are scattered and return to the natural cycle of the earth. The owner of a plot of land must decide for himself what quality he wishes to grant a private burial or scattering on it. This is not in the hands of the legislator. Nor is the handling of the place of mourning. In the event of a sale, the relatives should make arrangements with the new owner as to whether and how a visit to the memorial site is still possible.
On the subject of inspection: Inspection is not necessary because it is rather unlikely that the urn will be kept on the mantelpiece. First of all, the person caring for the deceased must sign an affidavit. If they do not dispose of the ashes, they are committing perjury. Who takes this risk – despite the low probability of being caught? At the same time, a moral dilemma arises. Because the dying person plans the burial after death with the person designated to care for them. Either you go against the dying person’s wishes by keeping the remains, or you conspire with them. In that case, however, he will demand a high price from his carer.
Won’t the new burial law put obstacles in the way of the trades working at the cemetery and the cemetery administration itself – after all, financial losses are foreseeable?
The cemetery is changing. But around 95 percent of citizens still want to be buried there. The remaining (maximum) five percent will make use of private burial. A central place of mourning is important for relatives and friends.
However, it is essential that the trades working at the cemetery, such as stonemasons or cemetery gardeners, incorporate the changing structures into their business planning. This is because our citizens not only want burials in private plots or burials at sea, but the trend is moving towards low-maintenance and cost-effective urn burials or cemetery forests. The cemetery market is changing and this change can and must be dealt with creatively. Why not offer memorial stones or something else for private burial sites? There are still no fixed rituals for private burials. When the market changes, you have to react flexibly and creatively. This is also an opportunity that can be seized!
In principle, of course, a state government must follow the wishes of its citizens and not engage in protectionism of certain professional groups. And there is a great desire for a liberalization of the cemetery obligation. Compared to other countries such as the USA or the Czech Republic, Germany is relatively strict in this area.
How are state governments across Germany reacting to Bremen’s burial law?
Bremen plays a pioneering role for Germany as a whole. We have already received many inquiries from various countries that want to benefit from our experience. The law came into force on January 1, 2015. Since then, we have of course been keeping a close eye on what is happening and where we can optimize processes if necessary. For example, many citizens have already submitted an application even though – strange as it may sound – they had not yet died. The application can only be submitted once death has already occurred. Otherwise, for example, land ownership or death care would have to be checked again after the death.
What opportunities and problems do you see in the new Funeral Act?
We have gained the freedom to decide more independently what happens to us after death. Nothing stands in the way of a private memorial. New opportunities are also opening up for the trades working in cemeteries – it is important to deal creatively with change so that positive personal and business development can take place.
Problems may arise from a lack of rituals. How do you create a dignified atmosphere? Who performs the mourning ceremony and what does it explicitly look like? Opening the urn in a fluid motion in order to scatter the remains poses problems in itself. What gestures or procedures are appropriate? This is where pastors, morticians, cemetery gardeners or stonemasons can get involved.
How would you personally like to be buried?
I can well imagine my ashes being scattered on private land. At the same time, however, a specific place of remembrance would also be important to me – a small memorial stone should adorn the place where the ashes are scattered.
