RULES

TALLINN CITY COUNCIL
REGULATION
Tallinn 6 May 2010 No 24

Rules of the use of cemeteries in Tallinn

This Regulation is established on the basis of section 6(3) 2) of the Local Government Organisation

Act.

Chapter 1

GENERAL PART

§1. General provisions

(1) These rules regulate the management and use of the cemeteries in the ownership of the City

of Tallinn, which are located on the administrative territory of Tallinn. These rules shall be

mandatory for all persons in the cemetery and users of the burial sites.

(2) In addition to the provisions of the rules, performance of the rules shall follow the

maintenance rules of the City of Tallinn and the rules for maintenance of public order of the

City of Tallinn.

(3) The cemeteries in the ownership of the City of Tallinn, which are covered with the regulation

of these rules, are Metsakalmistu, Pärnamäe, Pirita, Siselinna, Rahumäe, Hiiu-Rahu and Liiva

cemeteries. All the mentioned cemeteries are heritage conservation monuments.

§2. Definitions

The following definitions shall be used in the rules:

1) cemetery means a marked area with the necessary facilities, which is meant for burial of

dead bodies of people or their ashes, and commemoration of the dead;

2) grave site means an area in the cemetery, which is meant for burial of one or several dead

persons in a coffin or ash urn;

3) burial site means a grave site, columbarium, row grave or an area for ashes;

4) grave means a location at the grave site for the burial of a coffin or urn or an urn chamber in

columbarium;

5) columbarium means a structure for keeping the ash urns;

6) urn chamber means a cavity in the columbarium for storage of one or several urns;

7) row grave means a grave site for burying unknown dead in coffin;

8) ash area means an area in the cemetery, which is allocated for scattering the ashes of the

dead;

9) cemetery manager means an authority of the City of Tallinn that organises the use of the

cemetery;

10) user of the burial site means a person who has the right to use the burial site;

11) burier means a person who organises burying of the dead;

12) grave structure means a structure located at the grave site that is permanently fixed to the

ground (fence, concrete border, crypt etc);

13) grave mark means a cross, plate, pillar, stone or other symbol indicating one or several

graves.

§3. Management of a cemetery

(1) The manager of the cemeteries of Tallinn is the authority of Tallinn called Tallinn Cemeteries.

(2) The manager of the cemetery ensures good order of the cemetery and organises the use of

the cemetery, including allocation of burial sites, organisation of waste management,

performance of tasks related to design of the cemetery, keeping a register of the cemeteries

of Tallinn, registering burial sites without users and performing other tasks arising from the

legal acts.

(3) The Tallinn City Government shall establish, by the proposal of the Tallinn Environmental

Board, the design principles for the cemeteries according to the special heritage conservation

conditions, historical design requirements of old burial quarters and natural speciality of the

cemetery.

§4. Requirements for cemeteries

(1) A cemetery shall be surrounded by a bordering fence and it must be possible to close the

entrances to the cemetery with a gate.

(2) The area of a cemetery shall be divided into areas for coffin burials, urn burials and ash

scattering burials, which shall be divided into quarters. In the old part of the cemetery the

historical names of the quarters shall remain in use. In the new parts, the quarters will be

formed, taking into account, if possible, the burial traditions according to the religious

affiliation of the buried.

(3) The cemetery plan shall be placed at the main entrances of the cemetery, which indicates the

offices, chapels, quarters, roads, water points, waste containers and grave sites and grave

structures of historical and cultural importance.

(4) A notice board at the office shall feature information regarding the opening hours of the

cemetery, list of services, contact data of the manager of the cemeteries (telephone and

address), design principles of the cemetery and these rules.

§5. Requirements for the use of cemeteries

(1) Order, cleanliness and grave peace shall be kept at the territory of the cemetery.

(2) The following shall be forbidden at the territory of the cemetery:

1) damaging buildings, gates, fences, water points, graves, grave marks and structures;

2) breaking of flowers, branches of trees and bushes and cutting trees without the cutting

permit;

3) illegal opening of an urn chamber of the columbarium;

4) planting trees and bushes and hedges without the approval of the manager of the

cemetery;

5) depositing household waste and violating the requirements for waste collection,

including placing waste beyond containers or to locations not foreseen for it;

6) illegal increasing the measurements of the grave site;

7) driving a motor vehicle or bicycle without the permission of the manager of the

cemetery;

8) installing inventory or structures without the approval of the manager of the cemetery;

9) making fire;

10) staying at the cemetery with a pet, except in locations specially foreseen for it;

11) burying animals;

12) any other activity violating public order and maintenance rules as well as grave peace.

(3) A person staying at the cemetery shall follow the waste management requirements

established in the waste management rules of Tallinn at the territory of the cemetery.

Chapter 2

BURIAL SITE

§6. Size of the burial site

(1) A burier may request allocation of a grave site or urn chamber for the burial site. A burier

who does not wish to request allocation of a burial site can scatter the ashes at the ash area.

(2) A grave site shall be allocated for burial in a coffin or urn.

(3) According to the request of the burier a one- or two-, in special cases up to four-place grave

site (so called family site), or one- or multiple-place urn chamber will be allocated.

(4) The measurements of the grave site in the event of burial in a coffin shall be:

1) a grave site with one grave 1.25 x 2.50 m;

2) a grave site with two graves 2.50 x 2.50m;

3) a grave site with three graves 3.75 x 2.50 m;

4) a grave site with four graves 5 x 2.50 m;

(5) The measurements of the grave site in the event of burial in an urn:

1) the area of urn funerals of the cemetery generally 1.0 x 1.0 m;

2) at Rahumäe cemetery and in the old part of Metsakalmistu 1.25 x 2.50 m.

§7. Allocation of a burial site and granting the right for its use.

(1) In the event of allocation of a burial site the manager of the cemetery concludes a contract

for the use of the burial site with the burier (hereinafter the contract of use). The format of

the contract of use shall be approved by the Environmental Board of Tallinn.

(2) The contract of use shall include the data of the user of the burial site, the location of the

burial site and the size of the burial site granted for use. The contract of use shall establish

the rights and obligations of the parties arising from the contract of use, term of validity of

the contract of use, procedure for its amendment and termination and its transfer to a third

party, requirements for the design and maintenance of the grave, liability of the parties for

the use of the burial site and the procedure for settling disputes as well as the confirmation

of the user of the burial site regarding being aware of the rules for using the cemetery and

performance thereof.

(3) If the user of the burial site wishes to order services from the manager of the cemetery, a

separate contract for services shall be concluded between the user of the burial site and the

manager of the cemetery, which sets forth the ordered services, their cost and the procedure

for the payment for the services.

§8. Term of the contract of use

(1) The contract of use shall be concluded with the term of up to 15 years.

(2) Upon the arrival of the term of the contract of use, the contract of use shall be deemed as

expired. Six months before the end of the contract of use, the manager of the cemetery shall

inform the user of the burial site of the expiry of the contract of use by sending a notice to

the address indicated in the contract of use in a format that can be reproduced in writing.

(3) The current user of the burial site shall have the prerogative for the conclusion of the new

contract of use. In order to conclude the new contract of use, the user of the burial site shall

submit to the manager of the burial site a written application during one month before the

expiry of the term of the contract of use. In the event of failure to submit an application for

the conclusion of the new contract of use, the contract of use shall be deemed as expired

even if the user of the burial site continues to use the burial site.

§9. Transfer and transition of the contract of use

(1) The user of the burial site may transfer the contract of use to a third person with the consent

of the manager of the cemetery. Transfer of the contract of use shall be formalised in writing

in the office of the cemetery.

(2) In the event of death of the user of the burial site, his or her family members, buriers or

successors shall have the right to enter into the contract of use in place of the user of the

burial site. In the event of death of the user of the burial site, his or her buriers or successors

shall have the right to enter into the contract of use in place of the user of the burial site. The

burier may replace the user if he or she is a successor, there is no successor or the successor

surrenders in favour of the burier. Entry into the contract of use shall be formalised by the

manager of the cemetery in writing upon submission of the certificate of death of the user.

§10. Expiry of the contract of use

(1) The contract of use shall expire upon passing of the term or upon cancellation of the

contract.

(2) The user of the burial site may extraordinarily terminate the contract of use before the end

of the term by submitting a written application for the termination of the contract of use to

the manager of the cemetery.

(3) The manager of the cemetery shall unilaterally and extraordinarily terminate the contract of

use before the end of the term if the grave site has been declared as unmaintained grave site

according to section 22 of the Rules.

(4) A burial site, the contract of use of which has expired, shall be registered by the manager of

the cemetery as a burial site without a user according to section 21 of the Rules.

§11. Exceptions upon allocation of a burial site and conclusion of the contract of use

(1) As an exception, the manager of the cemetery may, with the consent of the Environmental

Board of Tallinn, allocate a burial area with several burial sites to a legal entity or

professional association or artistic association whose area of activity includes preservation of

the cultural heritage of distinguished people of Estonian public life.

(2) A contract of use shall be concluded for the area allocated with several burial sites provided

for in subsection (1).

(3) The dead bodies or ashes of distinguished people of Estonian public that belonged to the

membership of the user or are recognised by them shall be buried to the burial site the user

of which is a legal entity, professional association or artistic association.

(4) Allocation of the burial sites for the burial of family members of the distinguished people of

Estonian public life buried at Metsakalmistu shall be carried out on the basis of written

consent of the Environmental Board of Tallinn.

Chapter 3

BURIAL

§12. Organising of burial

(1) The dead shall be buried at the grave site in a coffin.

(2) The ashes shall be buried at the grave site, placed in a columbarium with an urn or scattered

to the ash area.

(3) All burials, including placement of an urn in a columbarium and scattering of the ashes to the

ash area shall be registered in the office of the cemetery at least two days before the funeral

(4) The manager of the cemetery shall register the burial on the basis of the death certificate of

the dead and identity document of the burier if the burial site has been approved by the

burier and the burier has paid for the ordered service.

(5) Burial takes place only during daylight. No funeral services are generally organised on

Sundays, Mondays and national holidays.

§13. Burial at the grave site

(1) The grave shall be dug and the burial shall be carried out by the manager of the cemetery.

The interment and designing of the tomb shall take place with the participation of the burier.

(2) The costs for temporary removal and re-instalment of the grave marks and grave structures

that hinder burial, shall be covered by the burier or the user of the grave site.

(3) The depth of the coffin grave from the ground to the bottom of the grave must remain

between 1.5-2m.

(4) The ashes of the dead shall be buried at the grave with an urn or without it. The depth of the

urn grave from the ground must be at least 0.7 m.

(5) If the remains of a person buried earlier are discovered from the soil during digging of the

grave, they shall be re-buried in a groove dug in the bottom of the same grave. A coffin that

has preserved unharmed shall be left as such.

(6) Damages caused to other grave sites in the vicinity of the grave site during digging of the

grave and provision of other services related to the funeral shall be eliminated by the

manager of the cemetery within three days after the funeral.

(7) The damages caused to the grave sites in the vicinity of the grave site during the funeral shall

be eliminated by the user of the grave site within three days after the funeral. In the event of

failure to put the grave sites in order, the manager of the cemetery shall eliminate the

caused damages at the expense of the user of the grave site.

§14. Placement of an urn in the urn chamber of columbarium

(1) Upon placement of ash urns in the columbarium the general bases set forth in section 12

shall apply

(2) Upon placement of ash urns in the urn chamber of the columbarium, the covering plate shall

be removed and replaced by the manager of the cemetery.

§15. Scattering of ashes to the ash area

(1) The procedure of scattering ashes shall be registered by the burier at the office of the

cemetery. The manager of the cemetery shall enter the data of the dead and the burier as

well as the date of the procedure into the register of cemeteries.

(2) The ashes shall be scattered to the specially foreseen area at the presence of the

representative of the manager of the cemetery.

(3) In the event of scattering of ashes no contract of use shall be concluded.

(4) It is forbidden to place a grave mark on the ash area. Flowers and candles can be placed to

the ash area for commemoration of the dead only to the specially foreseen location.

(5) The ash area shall be maintained and put into order by the manager of the cemetery.

§16. Burial of an unknown dead or a dead without family

(1) Burial of an unknown dead or a dead without family shall be organised by the Environmental

Board of Tallinn.

(2) The remains of the unknown shall be buried in the row grave located at the Liiva cemetery.

(3) A dead without family shall be cremated and the ashes shall be buried in the common grave

at the ash burial ground of Pärnamäe cemetery.

(4) A dead buried in the common grave and row grave shall be registered in the register of

cemeteries.

(5) In the event of burial in the common grave and row grave, no burial site is allocated and no

contract of use is concluded.

(6) The row graves and common graves shall be maintained and put to order by the manager of

the cemetery.

§17. Burial on the grave

(1) A burial may be conducted on the same grave site not earlier than 15 years after the last

burial.

(2) No burial is made on the graves that have been declared as cultural heritage.

§18. Reburial

(1) Reburial shall be organised by the manager of the cemetery. For reburial the burier shall

submit to the manager of the cemetery the permission of the regional service of the Health

Board and the contract of use of the burial site used for reburial or the consent of the

certified signature of the user, if the burier is not the user.

(2) In order to rebury remains from a grave site that has been declared as monument, consent of

Tallinn Culture and Heritage Department is required in addition to the requirements listed in

subsection (1).

(3) Before reburial, at least one year has to have been passed in case of sandy soil and at least

three years in case of moist soil.

(4) Digging of the remains from the grave must, in general, take place during a cold season.

Chapter 4

DESIGN AND MAINTENANCE OF GRAVE SITES

§19. Design of the cemetery and the grave site

(1) A grave site is a part of the cemetery and its design shall follow the design principles

established by the Tallinn City Government for grave structures, grave marks as well as

furbishing. The grave site shall be designed by the user of the grave site.

(2) In order to construct a grave site the design of which differs from the design principles a

working project must be compiled, which shall be approved by the Environmental Board of

Tallinn and Tallinn Culture and Heritage Department.

(3) The grave site must be marked with a cross, plate, stone, pillar or other marking. The grave

marks, structures and furbishing must be located within the borders of the grave site.

(4) The grave marks and structures (bordering fences, concrete border, curb stone etc) shall be

considered as the possessions of the user of the grave site.

(5) Displacement or removal of the grave marks or structures shall be approved in writing with

the manager of the cemetery.

(6) The grave site in the case of which the design principles of the cemetery are not followed

shall be marked with a warning sign by the manager of the cemetery, who shall also forward

a warning to the user of the grave site in a format that can be reproduced in writing to the

address set forth in the contract of use. The warning shall indicate the condition of the grave

site, obligation to put the grave site in order and the term for thereof as well as the

consequences in the event of failure to perform the obligation.

(7) If during the year following forwarding of the warning the user of the grave site fails to

remove the grave structures, grave markers or furbishing that is not in line with the design

principles of the cemetery, the manager of the cemetery shall remove them at the expense

of the user.

(8) Upon allocation of a grave site that has been declared as grave site without user to a new

user, the valuable grave marks or structures shall be preserved and the respective obligation

shall be added to the contract of use concluded with the new user of the grave site.

§20. Maintenance of a grave site

(1) The user of the grave site shall be responsible for the maintenance of the grave site. The

grave site shall comply with the design principles of the cemetery and the following

requirements:

1) the plants planted at the grave site are healthy and vital;

2) all dry and broken plants and wreaths have been removed from the grave site;

3) the hedges surrounding the grave site are trimmed regularly;

4) the grave marks and fences are unbroken and their text is legible;

5) the sand covering the grave site is clean;

6) leaves and other waste has been raked from the grave site;

7) the plates covering the grave site are unbroken.

(2) The grave site may be maintained by the manager of the cemetery as a service for a fee on

the basis of a contract concluded between the user of the grave site and the manager of the

cemetery.

Chapter 5

REGISTERING A BURIAL SITE WITHOUT A USER

§21. Registering a burial site as a burial site without a user

(1) A grave site or a urn chamber of a columbarium the term of use of which has expired, the

contract of use of which has been extraordinarily cancelled before the end of the term or a

grave site, which has been declared as unmaintained grave site according to section 22 of the

Rules is registered as a burial site without a user.

(2) The manager of the cemetery may allocate the burial site without a user for new use if at

least 15 years have passed since the last burial.

§22. Declaration as unmaintained grave site

(1) A grave site, with at least one of the following characteristics shall be considered as

unmaintained grave site:

1) the significant part of the soil of the grave site is covered with grass or brush;

2) the grave structures and marks are heavily covered with moss, rusted or dilapidated;

3) the waste and leaves that have accumulated on the grave site show that the grave site

has not been maintained for a long time.

(2) In order to declare a grave site as unmaintained grave site and registering as a grave site

without a user, the manager of the cemetery shall organise its inspection.

(3) In order to carry out an inspection of the grave site, the manager of the cemetery shall form

a committee, which consists of the representative of the manager of the cemetery, a person

who is familiar with the specialities of the cemetery, a representative of Tallinn Culture and a

representative of Tallinn Culture and Heritage Department and Environmental Board of

Tallinn.

(4) The committee shall review the grave site twice:

1) the first inspection during which it shall be established that the grave site has not been

maintained and it is marked with a yellow label with a text in black colour “unmaintained

grave site”. The order number of the inspection, date of inspection, date of the next

inspection and the contact data of the manager of the cemetery shall be indicated on the

label. The manager of the cemetery shall forward to the user of the grave site a warning

in a format that can be reproduced in writing to the address indicated in the contract of

use;

2) the second inspection shall take place not earlier than a year after the first inspection.

During the course of the second inspection the condition of the grave site marked during

the first inspection shall be checked and a decision shall be made regarding declaration

of the grave site as a grave site without a user or refusal to declare.

(5) An act shall be concluded for the inspection, setting forth the location of the unmaintained

grave site, its size and description. During the second inspection a mark regarding the

decision to declare the grave site as a grave site without a user shall be added during the

second inspection. All members of the committee that participated in the inspection shall

sign the act.

(6) A notice regarding the grave sites registered as unmaintained grave sites shall be published in

a newspaper, in which the City of Tallinn publishes official publications, by giving the user of

the grave site to contact the manager of the cemetery and put the grave site in order or

surrender the right to use the grave site and extraordinarily cancel the contract of use during

one month after the publication of the notice.

(7) After the passing of the one-month term the manager of the cemetery may unilaterally

terminate the contract of use. The right of use of the grave site for which no contract of use

has been signed shall be considered as ceased during three months after performance of the

procedures set forth in subsections (5) and (6) of this section, if the user of the grave site has

failed to put the grave site in order during the term indicated in the notice.

Chapter 6

MONUMENTS

§23. Objects under protection as monuments

(1) A protective zone has been established in protection of the cemeteries of Tallinn as

immovable monuments, for which restrictions set forth in section 24(2) of the Heritage

Conservation Act shall be applicable and the reductions made in which are indicated in the

protection obligation notice. The protected zone shall be an area of the width of 50 m from

the external outline or border of the monument.

(2) Historical, archaeological, art and architectural monuments may be located as single objects

at the cemeteries. No separate protective zone is established for the immovable monuments

located at the cemetery.

(3) The following shall be forbidden in the protective zone of the cemetery without the

permission of Tallinn Culture and Heritage Department:

1) erecting constructions, building roads, ditches and utility lines or carrying out other soil

and construction works;

2) planting, cutting and rooting up of trees and bushes.

(4) The heritage conservation special conditions for monuments and buildings located at the

cemetery, projects for their conservation, restoration and repairs as well as projects for soil

and construction works performed on monuments and cemeteries shall be approved by the

Tallinn Culture and Heritage Department and Environmental Board of Tallinn.

(5) A grave, grave structure and sacred building declared as monument shall be indicated with a

special mark. Marking of the monuments shall be organised by the National Heritage Board

according to the Heritage Protection Act.

(6) Changes on a grave declared as a monument must be approved according to the Heritage

Protection Act.

(7) If the user of a grave site declared as monument surrenders the right to use the grave site,

the right to use the grave site shall be transferred to the manager of the cemetery.

(8)

Chapter 7

SUPERVISION AND LIABILITY

§24. Supervision and liability

(1) Liability for the violation of the Rules shall be established by the law.

(2) Supervision over the performance of the rules shall be carried out by the Environmental

Board of Tallinn, Tallinn Culture and Heritage Department and Tallinn Municipal Police Board

according to their competence

Chapter 8

FINAL PROVISIONS

§25. Implementing provisions

(1) The current users of burial sites, i.e. persons to whose name the right to use the burial site

has been registered in the register of cemeteries, shall be obliged to submit an application

for the conclusion of the contract of use to the manager of the cemetery during three years

after entry into force of the Rules. After checking of the data, the manager of the cemetery

shall ensure conclusion of the contracts on the basis of the submitted applications no later

than during five years from the entry into force of the Rules.

(2) The contract of use concluded before the entry into force of the Rules shall remain in force

until the end of the term of its validity, except for contracts without a term, which shall

expire after five years from the entry into force of the Rules, if the user of the burial site has

failed to conclude a new contract of use during that time.

§26. Changes in other legal acts

Section 1(3) of the Regulation No 45 by the Tallinn City Council dated 22 June 2006 “Property

maintenance rules of the City of Tallinn” shall be amended and worded as follows:

“(3) The maintenance requirements shall be applicable for the cemetery to the extent that does not

contradict the nature of the cemetery and provided that the Rules for the use of the cemeteries of

Tallinn do not provide otherwise.”

§27. Entry into force of the Regulation

This Regulation enters into force on 1 January 2011

Toomas Vitsut

Chairman of the Tallinn City Council