New fees at municipal cemeteries? The government is preparing a revolution in regulations

The Ministry of the Interior and Administration has submitted a draft amendment to the Standing Committee of the Council of Ministers, which is to introduce clear rules regarding fees at municipal cemeteries. According to portalsamorzadowy.pl, the new regulations are intended to end many years of legal chaos and enable municipalities to collect fees for the use of cemeteries on principles similar to other municipal services.

Municipalities will gain more freedom

According to the bill, a provision will be added to the Act on Cemeteries and Burial of the Dead, which will allow charging fees for the use of cemeteries and public utility facilities and facilities located therein. The amount and rules for calculating these fees will be determined on the basis of the Municipal Economy Act of 1996. This means that municipal councils will be able to decide on price lists themselves, as in the case of other public services.

As portalsamorzadowy.pl emphasizes, the current regulations are not adapted to today's needs and lead to numerous legal disputes. The situation is further complicated by the judgments of administrative courts, which increasingly recognize that the current act only allows fees to be charged for burying the body and reserving the grave for the next 20 years. An example is the judgment of the Provincial Administrative Court in Poznań from 2020, which limited the right of municipalities to establish other fees related to running a cemetery.

What will change for residents?

The amendment is intended to end existing disputes regarding, among others, fees for opening the cemetery gate or erecting a monument. Thanks to the new regulations, municipalities will be able to charge fees for various cemetery services in a transparent and legal manner.

According to portalsamorzadowy.pl, the changes are aimed not only at organizing the fee system, but also at ensuring greater transparency and legal security for both local governments and residents using municipal cemeteries.

The draft amendment is awaiting consideration by the Standing Committee of the Council of Ministers. If adopted, the new rules may come into force in the coming months.