The City Council of Herencia, in the province of Ciudad Real, definitively approved the modification of the Ordinance regulating the town’s municipal cemetery in its ordinary session on January 18. This decision came after the initial agreement, adopted in the same session, was publicly displayed for a period of 30 days through announcements on the municipal notice board and in the Official Gazette of the Province. With no claims or suggestions made during this period, the agreement has been definitively approved.
The modification of the ordinance mainly affects three articles: 15, 17, and 23. Article 15, concerning the birth and ownership of burial rights, has been clarified. It specifies that this right can be granted in the name of an individual, a family unit, communities of heirs, religious institutions, recognized charitable or hospital establishments, or legally established social or charitable corporations, foundations, and entities. In all cases, usage is restricted to their members or beneficiaries. Additionally, it is stated that ownership allows for the designation of individuals who may be interred in each burial unit, requiring unanimous agreement from all members in the case of family units. The City Council will assume good faith to prevent conflicts arising from intra-family disagreements, assuming all heirs are aware of new burials. Lastly, funeral service companies, insurance companies, or other legal entities are prohibited from holding these rights.
Regarding Article 17, on beneficiaries and the transfer of ownership, a specific section has been added to regulate this transfer. It states that burial rights are transferable due to death, through inheritance or express beneficiary designation. In the case of multiple heirs, decisions must be unanimous, with the possibility of unilaterally renouncing one’s share in favor of another heir. The sale of rights is prohibited. The holder may designate a beneficiary to act upon their death at any time, appearing before the City Council or through a notarized document. In cases where rights are acquired by spouses, the surviving spouse will be considered the beneficiary of the deceased.
Lastly, Article 23 includes a section on the renewal of burial rights and clarifies the procedure. Temporary concessions will be for 75 years, extendable for all types of burial units. Upon expiration, the holder or heirs will be required to renew or transfer the remains, upon payment of the corresponding fee. Renewal periods will be determined by the municipal ordinance or current legislation, with the cost being the same as a new concession. The City Council will assume that the renewal applicant acts in good faith and with the knowledge of all heirs. If renewal is not possible due to inability to locate heirs, or if none exist, the right will expire within 3 months of publication in official bulletins.
Any challenges to this decision can be brought before the Administrative-Contentious Chamber of the Superior Court of Justice of Castilla-La Mancha within two months of this announcement’s publication. The ordinance amendment signifies a significant step towards updating and clarifying the regulations of concessions, ownership, transfer, and renewal of burial rights in Herencia’s municipal cemetery. This aims to provide greater legal certainty to both holders and the City Council in managing this service, aligning it with current needs.
The cemetery is an essential facility for any municipality and should be managed with efficiency and sensitivity, considering the particularly sensitive nature of everything related to the eternal rest of loved ones. Recognizing this, the Herencia City Council has sought to improve the regulation of its cemetery through this ordinance amendment, a result of a detailed analysis and the commitment to provide the best possible service to residents.
The new regulations will come into effect upon publication, serving as the framework for future actions. With this amendment, Herencia equips itself with an updated tool for managing its cemetery appropriately, respecting the rights of stakeholders and ensuring the maintenance and good condition of facilities. A well-managed cemetery signals a municipality that cares about all aspects affecting the lives, and deaths, of its citizens.
Spanish post in Herencia aprueba definitivamente la modificación de la Ordenanza reguladora del cementerio municipal
