Closed Churchyards
Closed churchyards are churchyards which are full and no longer used for burials. The churchyard is closed by an Order in Council made by the Privy Council. Once closed the maintenance of a churchyard can be handed over to the Local Authority (LA) by making a written request to the LA. The LA cannot refuse to take over the maintenance of the churchyard and should do so within three months of the written request and a PCC resolution. However, some LAs may delay taking over responsibility for the churchyard if the PCC is seen to have been negligent in its duties to keep the churchyard in good order and may ask the PCC to undertake certain repairs or clearance of the churchyard before it will take over the maintenance. This handy document from the National Association of Local Councils sets out the duty of care that a LA should have in maintaining the churchyard.
Whether a churchyard is open or closed, the faculty jurisdiction rules still apply for all churchyards. Therefore permission is needed for any works in a churchyard carried out by the PCC or the LA. Please contact the DAC for more information on applying for permission for works in churchyards.
Archaeology
Undertaking works in the churchyard may mean that you will need to employ an archaeologist. Please click here for more advice from the Church Buildings Council on this. For advice from the Church Buildings Council on the treatment of human remains please click here.