Management ordinance municipal cemeteries Nuenen c.a. 2026

The council of the municipality of Nuenen c.a.,

having regard to the college's proposal of September 15, 2025

Having regard to article 35 of the Coronation Act and article 149 of the Municipal Law;

decides to adopt the following regulation:

Ordinance on the management and use of the municipal cemeteries municipality of Nuenen c.a. 2026

Chapter 1. General Provisions

Article 1. Definitions

For the purposes of this regulation, the following definitions shall apply:

a. cemetery: the municipal cemetery Oude Landen located at Beekstraat 48a in Nuenen and Oude Toren located at Tomakker in Nuenen;

b. grave means a sand grave;

c. private grave: a grave for which a natural or legal person has been granted the exclusive right to:

having one or two deceased persons buried and kept buried;
having one or more ashes interred and kept interred with or without an urn;

d. private child grave: a grave for which a natural or legal person has been granted the exclusive right to have buried and keep buried lifelessly born, as well as deceased children up to 12 years of age;

e. Islamic grave: grave belonging to an individual with the Islamic faith;

f. ash can: a canister for the disposal of ashes of a deceased person;

g. urn means an object for the disposal of one or more ash containers;

h. private urn grave: a grave for which a natural or legal person has been granted the exclusive right to:

the interment and keeping interred of ashes with or without urns;

i. private urn niche means a niche for which a natural or legal person has been granted the exclusive right to interpose and keep interred ashes with or without urns;

j. scattering site means a place where ashes are scattered;

k. memorial: object on the grave for affixing inscriptions or figures;

l. grave planting: plantings placed on a grave by the rightful owner;

m. grave cover: memorial, cover plate, grave planting and other objects on a grave or at an urn site;

n. the college: mayor and aldermen of the municipality of Nuenen c.a.;

o. administrator: the official in charge of the daily management of the cemetery or the person who replaces him;

p. entitled party: natural person or legal entity to whom an exclusive right has been granted to a private (children's) grave, private urn grave or private urn niche, or the person who can reasonably be deemed to have taken his place;

q. grave right: the exclusive right to bury and keep buried in a private (children's) grave, or right to have interred and kept interred in a private urn grave and private urn niche;

r. grave certificate means the order granting a grave right for a private grave by or on behalf of the college in accordance with that provision of the ordinance;

s. cull: after written surrender of the grave right, exhume and rebury the remains in a designated portion of the cemetery;

t. implementing decree: regulations relating to implementation, which are inseparable from this management regulation. The implementing decree may be amended independently of the management regulation.

u. Islamic section: The Islamic section of the cemetery designated for private Islamic graves. This section is open to all Muslims regardless of membership in a Muslim denomination.

Article 2. Requirements

Authorizations, permits or waivers to be granted under this ordinance may be subject to Requirements .
If the Requirements referred to in the first paragraph are not complied with, the College may decide to revoke the permission, permit or exemption.
The holder of the permission, permit or exemption is obliged to show it at first request to those, who are in charge of detecting violations of this regulation. If this is refused, the holder shall be deemed to have acted without permission, permit or exemption.

Chapter 2 Management, destination and registration

Article 3. Management

Management of the cemetery rests with the college.
Under the supervision of the College, one or more designated persons shall be in charge of:
a. the administration of the cemetery;
b. the day-to-day management of the cemetery;
c. the maintenance of the cemetery;
d. having burials or opening and closing (children's/urial) graves and urn niches;
e. the observance of the legal regulations regarding the burial of deceased persons and the placement of ashes.

Article 4. Register and place of registration

The college shall keep a record of the buried deceased and the ashes delivered and may adopt further rules for this purpose.
The register shall contain the beneficiaries of all graves with their names and addresses. This register also records the name, date of birth and date of death of the person buried or whose ashes were delivered. Also included is the grave designation and the day of burial or interment.
Beneficiaries are obliged to communicate the change of their address to the College. If notices and other communications required by this regulation have been sent to the address most recently given by the entitled party, the latter may never claim not to have received them.
From the register referred to in the first paragraph, only entitled persons may obtain a copy of the extract in respect of their grave site and fees.

Chapter 3 Opening, order and quiet in the cemetery

Article 5. Opening of cemetery

The cemetery shall be open to any person daily during times to be established by the college by further rules. The college shall announce these times publicly.
To maintain order and quiet in the cemetery, access may be temporarily closed.
During the time when the cemetery is not open to the public, it is prohibited to be therein other than for the purpose of attending a funeral or the delivery of ashes.

Article 6. Order measures

Visitors, personnel of funeral homes and persons who have work to perform in the cemetery are required to comply with the directions of or on behalf of the administrator in the interest of order, quiet and cleanliness.
The administrator may remove from the cemetery, or cause to be removed, persons who do not comply with the direction referred to in the first paragraph.

Article 7. Prohibitions

It is forbidden in the cemetery:
a. to offer goods for sale;
b. to advertise trade or business in any way;
c. to walk on graves or defile the cemetery;
d. deface, damage or in any other way pollute the graves, memorials, plantings, buildings and paths;
e. letting dogs run loose;
f. burying or interringing animals;
g. to gain access to the cemetery other than through the designated entrances;
h. to do or refrain from doing anything contrary to the reverence of the memory of the deceased;
i. (to take or drive bicycles, mopeds, bicycles or other vehicles, with the exception of invalid carriages, children's carriages and baby carriages, other than on the occasion of a funeral, for the delivery of ashes or for transporting materials intended for work to be carried out in the cemetery;
j. to drive motor vehicles faster than 5 km per hour;
k. to have and/or use a sound system in the cemetery without permission of the administrator.
l. to allow pets in the Islamic section of the cemetery. Visitors are asked to dress in accordance with Islamic regulations.
The administrator is authorized to deny access to the cemetery to persons who do not comply with the provisions of paragraph 1 of this article.
The college may grant exemptions from the prohibitions listed in paragraph 1.

Article 8. Ceremonies

The holding of commemorations, unveilings of memorials and similar ceremonies in the cemetery without the permission of the college is prohibited.
Memorial gatherings, unveilings of memorials and similar ceremonies in the cemetery may take place only after notifying the administrator at least six working days in advance. The date and hour of the ceremony and the manner in which it will take place shall be determined by the administrator in consultation with the applicant.
The participants in the ceremony referred to in the first paragraph are obliged to comply with the instructions of the administrator in the interest of order, peace and cleanliness.
The college may refuse permission based on fear of disturbing public order in the cemetery.

Chapter 4 Classification of cemetery and issuance of graves

Article 9. Types of graves.

In the cemetery can be issued:
a. private graves;
b. private Islamic graves;
c. private children's graves;
d. private urn graves;
e. private urn niches.
f. Use may be granted in the cemetery for ash scattering.

At the closed cemetery Oude Toren on the Tomakker in Nuenen, no bodies can be buried, ashes interred or ashes scattered at a scattering site. This location is an old municipal cemetery where Theodorus van Gogh, Vincent van Gogh's father, is buried, among others. The cemetery has mainly historical value and is no longer actively used for new funerals. Only existing reservations can still be honored.

2. An ash scattering should always take place under the supervision of the administrator.

3. The college will set further rules regarding the number of deceased and ashes, with or without urn, that may be buried and interred in private graves. The college also determines the dimensions and issue duration of private graves. The period of issue cannot be shorter than the minimum period established in the Law on the Burial of the Dead.

Article 10. Order of issuance

Private graves are issued in order of location in consultation with the administrator.
Issuance of private urn niches is determined in consultation with the administrator.
The college may issue a grave outside the order of issue if it is not objectionable due to the situation in the cemetery.

Article 11. Terms of graves

The grave term begins on the date the private grave or reservation is issued.
Burial or interment in a private grave whose issue period expires within the legal minimum grave resting period may only take place with simultaneous extension of the issue period by such a period that the then remaining issue period is at least equal to the legal minimum grave resting period. The extension must be requested by the entitled person, or if the latter has died, by one of the persons referred to in Article 12, paragraph 1.
The period of extension referred to in the previous paragraph shall be rounded up to whole years.
A private grave right can only be granted to one entitled person.
The exclusive right to a private grave gives the rights holder control over who is buried and kept buried in that grave, subject to the Requirements and Restrictions of this Ordinance.
The exclusive grave right is confirmed in writing by the college to the beneficiaries through a grave certificate.
Without being entitled to any compensation, the entitled person may waive in writing for the benefit of the municipality the right to the private grave. Of the receipt of such a declaration, the mayor and aldermen shall notify the entitled party in writing.

Article 12. Transfer of rights granted

The right to a private grave may be transferred to the name of another natural or legal person at the request of the rightful owner.
After the death of the rightholder, the right to the private grave may be transferred to the name of a natural person or legal entity, if the request is made within one year after the death of the rightholder. If the deceased rightholder is to be buried in the grave, or if the ash container with his remains is to be interred in the grave, the request for transfer should be made prior thereto.
If after the death of the entitled person the request for transfer to the college is not made within the period of one year stipulated in the second paragraph of this article, the college is authorized to cancel the right to the private grave.
After the expiration of the one-year period mentioned in the second paragraph, the college may still put the private grave in the name of a new rightful owner, unless this right relates to a private grave that has since been exhumed.

Chapter 5 Funeral regulations

Article 13. Notification of burial and ash delivery, opening and closing of grave

Any person wishing to have burials, ashes interred or ashes scattered shall notify the administrator in writing no later than two working days prior to the day on which the burial, interment or scattering is to take place. Saturday and Sunday do not count as working days for the purposes of this provision.
If the mayor has given permission to bury the deceased within 36 hours of death, notification to the administrator must be made as timely as possible.
Any grave cover or objects located on a private grave must be removed by a stonemason by order of the rightful owner no later than two working days prior to the opening of the grave.
The opening and closing of a private grave may only be performed by order of a living rightful owner. In the case of a deceased rightful owner, the grave right must first be transferred to a new rightful owner.
The opening of a grave for burial or the delivery of ashes, and the subsequent closing of a grave, as well as the operation of tools, may only be done at the direction and under the supervision of the administrator.
In special cases, the College may waive this article.

Article 14. Documents to be submitted.

Burial shall not be made until the burial permit has been submitted to the administrator.
If burial or delivery of ashes is to take place in a private grave, an authorization to that effect must be submitted to the administrator signed by the person entitled or, if deceased, by the person providing for the funeral.
The administrator shall examine the sufficiency of the documents submitted.

Article 15. Times of burial and ash interment.

The times of burial and delivery of ashes shall be determined by the college in the executive order.
Burial outside the mentioned times is possible only with a waiver from the mayor. In this case, the time of burial is considered an extraordinary hour.
The times referred to in the previous paragraph shall be determined in consultation with the administrator.
The college may deviate from these times in special cases.

Chapter 6 Memorials and grave markers

Article 16. Memorial application

Having a memorial requires a written application to the administrator.
The owner of a private grave submits the application for the placement of a memorial.
It is prohibited to place a memorial without the permission of the administrator.
The college shall establish further rules regarding the method of application, the nature and dimensions of the memorial and the method of installation.
The administrator may deny the application if:
a. the established detailed rules in the implementing decree are not met;
b. the memorial detracts from the appearance of the cemetery;
c. any manner of advertising for trade or business is made on the memorial
d. the durability of the materials is insufficient;
e. the construction of the memorial is unsound;
f. the burial and or grave dues have not been paid.
The condition for approving the application is that at all times the rightful owner of a private grave is and remains the owner of the grave certificate as long as the grave may not be exhumed.

Article 17. Grave planting

Planting outside the dimensions of the grave is not permitted.
Any grave planting placed outside the grave, without permission or other than designated, or inadequately maintained may be removed by the administrator by order of the board. This will not take place until the rightful claimant has been summoned by letter, via the bulletin board at the cemetery or by means of an indication at the grave and has been given the opportunity to adjust it. When the planting is removed, there is no right to compensation.
Grave plantings on a grave that are in a neglected condition may be removed by the administrator without a claim for compensation. Loose flowers, plants, wreaths and the like, when wilted, may be removed by the administrator.

Article 18. Removal of grave cover.

The rightful owner of a private grave may submit a request to remove or have removed the grave cover before the expiration of the time limit.
The intention to remove the grave cover shall be announced by the college to the rightful claimant by letter at least three months prior to the time when the grave cover will be removed. If the address of the rightful owner is not known, the college shall announce the intention to remove the grave cover for at least three months prior to the time when the grave cover will be removed by means of a sign to be placed near the grave and at the entrance to the cemetery. If no payment is made for renewal of the grave rights, the grave cover will lapse to the municipality.
The grave cover shall lapse to the municipality by operation of law upon the expiration of the grave term and may be removed and destroyed by the college.

Article 19. Maintenance by the entitled party

The placing, installation, repair, renewal or removal of the grave cover (or having it placed) shall be done by, at the expense and risk of the entitled party.
The rights holder is obliged to properly maintain and repair the grave cover.
The rightful owner is responsible for repairing (or having repaired) subsidence and damage to the grave cover, provided it is the result of negligence or actions of the rightful owner. Damage due to external causes or general circumstances does not fall under this responsibility.
If the rightful owner fails to perform maintenance or repair, the college may decide to remove the objects in question or the entire grave covering. This is done after written notification to the rightful claimant. If the address of the entitled person is unknown, the college shall make a notice on the information board at the entrance to the cemetery and affix a reference to the grave.
The costs of maintenance, repair and possible removal shall be borne by the rightful claimant to the extent that the negligence or damage to the grave cover can be attributed to him. In case of damage due to force majeure or general causes, these costs cannot be recovered from the rightful claimant.
The college may require the rightful owner in writing to repair damages that harm the appearance of the cemetery or pose a danger to third parties within a specified period of time.
The administrator is authorized to temporarily remove the grave cover if necessary for the management of the cemetery, after informing the rightful owner.

Article 20. Maintenance by municipality

The college provides for the general maintenance and cleanliness of the cemetery. This means that the college provides for:
a. periodic maintenance of vegetation and trees;
b. periodic maintenance of trails;
c. periodic maintenance of the structures such as park furniture, water taps and sanitary facilities
d. backfilling the exterior surface of the grave with soil after subsidence;
e. maintenance of the general scattering site;
f. keeping the cemetery clean.

Article 21. Liability

As long as the grave may not be exhumed, the rightful claimant retains ownership of the memorial, plantings and other objects. Anything placed on the grave shall be deemed to have been placed at the expense and risk of the rightful owner.
In addition to placing and installing (or having placed and installed), the repairing, renewing or removing of the grave cover shall be done by and at the expense and risk of the entitled party.
If an unsound (become) construction has created a dangerous situation in the opinion of the college, the college may take immediate action.
Damage and any consequential damage caused by third parties will be at the expense and risk of the entitled party and the latter must repair (or have repaired) any damage caused to them, whatever the circumstances, on first demand.
If within three months from the day of notification no repair or renewal has taken place, the college is authorized to proceed with the removal and destruction of the memorial or plantings and other objects without being liable for any compensation.
The congregation is not responsible for the objects found on or near the graves. Nor can it be held liable for damage to these objects, theft or loss thereof, unless there is intent or gross negligence on the part of the municipality.
Point of contact for the congregation regarding the Islamic portion is Islamic Burial Foundation (IBW).

Chapter 7 Culling of graves

Article 22. Expired grave rights

The grave right expires:
a. by the expiration of the period for which the right was granted;
b. if the entitled party renounces the right in writing;
c. if the cemetery is abolished or withdrawn from its purpose.
The college may declare grave rights expired:
a. if payment of the grave rights or an extension of the grave right -despite a reminder- has not been made within three months after the start of that period;
b. if the rightful claimant -in spite of a reminder- remains in default of fulfilling an obligation under these regulations or acts in violation thereof;
c. if the rightholder of a private grave has died and the right has not been transferred within one year.
Effective date of expired grave right:
a. if the grave term has expired and the rightful claimant waives the grave right in writing, the rights will expire on the date of expiration of the grave right;
b. if the rightful claimant on request, prematurely, renounces the grave right in writing, the rights will expire on the date the written statement is signed.
In the cases referred to in this article, no refund of (part of) the dues paid will be made.

Article 23. Culling, delivery of remains and ashes

The intention of the college to cull a grave underground shall be announced by letter to the rightful owner at least one year prior to the time when the grave will be culled. If the address of the entitled party is not known, the college shall announce the intention to cull the grave at least one year prior to the time of culling by means of a sign to be placed near the grave and at the entrance to the cemetery on the bulletin board.
The administrator shall ensure Health that any remains remaining at the time of grave disposal are handled respectfully at all times and that visitors to the cemetery are not confronted with any remains.
The remains remaining when the grave is cleared shall be buried in designated areas of the cemetery.
The rightful owner of a private grave may apply to the administrator to have the remains collected in order to have them re-interred in the same grave space or to have them cremated or reburied elsewhere. The person entitled to a private urn grave may apply to the administrator to have the ash container interred elsewhere or to have the ashes scattered.
Relatives of a deceased person whose ashes are interred with or without an urn may apply to the administrator to keep them available for reburial or scattering elsewhere.
If the day on which the grave may be exhumed the grave cover has not been removed, the college is authorized to proceed with the removal and destruction of the memorials, plantings and other objects, without being liable for any compensation.
The exhumation of mortal remains and the clearing of graves is permitted only if no persons other than those charged with such work are present. The administrator will temporarily close all or part of the cemetery for such work.

Chapter 8

Other provisions

Article 24. Complaints

Visitors to the cemetery and persons who have an interest in the municipality of Nuenen, Gerwen and Nederwetten may submit a written complaint to the college regarding actual acts or omissions of actual acts concerning the cemetery.
The complaint procedure in force in the municipality applies to the handling of complaints.

Article 25. Decision power

The college may deviate from the provisions of this regulation through further rules.

Article 26. Transitional provision

Decisions of the college taken pursuant to the "Management Ordinance Municipal Cemeteries Municipality of Nuenen c.a. 2011" shall count as decisions taken pursuant to this ordinance;
If prior to the effective date of the "Management Ordinance Municipal Cemeteries Municipality of Nuenen c.a. 2011" an application for a permit pursuant to the Cemetery Ordinance has been submitted and no decision has been made on the application prior to the effective date, this Ordinance shall be applied thereto.

Article 27. Penalties

He who acts in violation of Articles 5, 6 and 7 shall be punished by a fine of the first category.
The offenses referred to in the first paragraph are considered violations.

Article 28. Entry into force

The "Management Ordinance Municipal Cemeteries Municipality of Nuenen c.a. 2011," adopted on March 3, 2011, is hereby repealed.
This regulation shall enter into force on the day after its publication.

Article 29. Citation

This ordinance shall be cited as: Management Ordinance Municipal Cemeteries Municipality of Nuenen c.a. 2026.

Thus adopted at the council meeting of November 13, 2025,

the registrar the chairman