New Memorials
There is no automatic right to erect a memorial over a grave because ownership of the burial plot belongs to the parish priest, not to the deceased or their heirs-at-law. However, an incumbent or priest-in-charge has delegated authority from the Chancellor and can use their discretion to permit the erection of a memorial which conforms to specific standards listed in the Chancellor’s Churchyard Regulations or deny the erection of a headstone for any reason even if it does conform with Regulations. Any proposed inscription should comply with the Chancellor’s General Directions.
The incumbent or priest-in-change is not able to give permission for a memorial which does not conform with Regulations. Permission for the erection of a non-conforming memorial can only be granted by the Chancellor and therefore requires a full faculty application (see DAC & Faculties).
Likewise, memorials for individuals buried elsewhere may not be sanctioned by the incumbent and will also require a full faculty application. As part of this application, the petitioner will have to demonstrate a case for exceptional circumstances - for example an individual's significant civic contributions to the parish. As with all faculties, the outcome of any application cannot be guaranteed. Applicants are welcome to approach the DAC early in the process for preliminary advice which might imply an indication of how a well-presented formal application could be received. However, preliminary advice should not be mistaken for approval and the petitioner will still need to present a strong case to the DAC and ultimately the Chancellor who makes the final decision.
Memorials erected without the appropriate permission can be removed by order of the Chancellor. Those responsible for the unlawful or inappropriate erection, including the incumbent or priest-in-charge and/or the monumental mason, are liable for any costs incurred for the removal.
The National Church also has guidance available on new burials and memorials: New burials and memorials | The Church of England.
Unsafe or Unstable Memorials
Memorials in your churchyard can be damaged by wind and rain, UV from the sun, air pollution, chemicals used in gardening or cleaning if improperly applied, salt crystallisation, lichens and moss or other colonies, invasive plants, and breakage either by accident, wildlife, or vandalism. In some circumstances, such damage can result in memorials becoming unstable or otherwise unsafe for users of your churchyard.
Ownership of a memorial belongs to the person who erected it or their heir-at-law. In the first instance they are primarily responsible for its repair and safety. However, the PCC bears the ultimate responsibility for ensuring the safety of all churchyard users. Therefore, if the heirs-at-law are not known or decline to keep a memorial safe, the PCC must assume responsibility.
This is the same even where the churchyard is closed for burials by Order in Council and the responsibility for routine maintenance has been transferred to the local authority.
It is advisable to conduct regular basic risk assessments of the memorials in your churchyard to ensure they have not become unsafe or unstable. This may include a hand (or “topple”) test, carried out safely by volunteers and under supervision, to determine whether any monument which otherwise seems to be secure, is subject to movement.
Where movement is detected, sufficient pressure may be applied with care to determine whether there is significant risk of causing serious injury. The hand test should only be used as part of the overall risk assessment and may not always be necessary if a visual inspection provides sufficient confirmation of the memorial’s condition.
There may be specific circumstances where a test to a sizeable or obviously dangerous monument with pressure testing devices may be appropriate. In this instance, the guidance of a specialist monumental mason should be sought and you should notify the DAC staff or your archdeacon before taking any action.
The government has published a useful guidance leaflet on testing unstable memorials.
The National Church has issued the following guidance on caring for monuments in your churchyard and identifying any which may need conservation.
Repairing Unsafe or Unstable Memorials
If you identify any memorials which are unstable or unsafe, you should immediately restrict public access to the area for instance by using cordons and prominently displayed warning signs.
Once appropriate measures have been taken to secure the area, you should notify your insurer of the potential health and safety risk. The heir-at-law must also be informed as the memorial is their property and therefore their consent is required for any potential work. If memorial has been erected within the last 50 years, you are expected to write to the last known addresses and make a particular effort to locate the heirs-at-law. For more historic memorials, reasonable efforts to contact heirs-at-law should be made by putting notices on graves, publicly visible church notice boards, and in local press (website or print).
You should also contact the DAC staff or your Archdeacon as soon as possible for advice. If the DAC staff are not available, you should go directly to the registry.
Permission will be required before any work can be done to secure the memorial (see Permissions).
Even where the churchyard is closed for burials by Order in Council and the responsibility for routine maintenance has been transferred to the local authority, the churchyard remains under faculty jurisdiction. Care should be taken that the local authority does not take matters into its own hands when undertaking maintenance of a closed churchyard by laying down headstones on the ground without any consultation.
Headstones which require immediate or urgent intervention and need to be lowered in an emergency should never be moved away from the grave to which they relate. In this instance, seek the advice of your insurer and contact the DAC staff or your Archdeacon as soon as possible for advice. If the DAC staff are not available, you should go directly to the registry.
The PCC should take steps to find out how a particular stone can be made safe and seek proper advice from a qualified professional. Best practice is that monuments should be re-erected vertically and secured by a specialist monumental mason compliant with a standard of workmanship to meet the requirements of British Standard (BS) 8415. You are required to record the inscriptions of any monuments proposed to be laid flat, as the stone and its inscription may deteriorate faster if the stone is laid flat on the ground.
Other types of memorials
Sometimes individuals may be commemorated through alternatives to memorial plaques and burial markers. Most commonly, these take the form of donated benches or trees, both of which can usually be applied for under a List B permission (see Permissions). Click here to download the List B specifications. Care should be taken that any dedications on these items are compliant with the Chancellor’s General Directions and Churchyard Regulations on inscriptions.