Burials Regulatory Unit (BRU)

The Burials Regulatory Unit is a unit with various and unique responsibilities within the Environmental Health Directorate of the Superintendence of Public Health.

The main duties of the Burials Regulatory Unit are:

• Issuing of Burial permits for the interments or transportation of Human Remains.
• Preparing the necessary documents to be presented to the Port Health Services for the repatriation of Human Remains.
• Managing the Government owned cemeteries, which also include the issuing permits for burial, exhumation or transportation of human remains within or to or from the government owned cemeteries, which include:
  
  • Paola Santa Maria Addolorata Cemetery
  • Pieta Ta’ Braxia Cemetery
  • Mosta Duramblat Cemetery
  • Żebbuġ St. Andrew’s Cemetery
  • Rabat St. Margaret’s Cemetery
  • St. Paul’s Bay Divine Mercy Cemetery
  • Mellieha, Omm il-Ħniena, Cemetery
  • Mellieħa Our Lady of Victories Cemetery
  • Mġarr Our Lady of Mount Carmel Cemetery
• Inspections of private and church owned cemeteries.
• Investigation of complaints related to both private and government Cemeteries.
• Audits of the consortium managing any of the Government owned Cemeteries

Burial Permit

A burial can take place after the family of the dead register the death with the BAU and establish where burial is to take place.

A Permit for interment of human remains (Burial Permit) must be issued for each death. In addition, a burial permit is needed for the following:

• Repatriation of human remains to another country.
• Burial of human remains at sea.
• When exhumation is required for moving the remains to another location.

For a burial permit to be issued the following documents are to be provided

• An original signed death certificate by a doctor.
• Certificate of cremation of the human remains. (Only for ashes)

Interments in Government owned Cemeteries

Burials in the Government owned cemeteries can be carried out either in a private owned grave or common grave. For the latter, no declaration is needed and the BAU will issue the permit for burial.

When burial is to be carried out in a private grave, the grave owners must fill in the “Declaration for the use of a grave inside government cemeteries”. Once the BAU verifies the documentation the BAU will issue the permit for burial in the grave.

Exhumations in Government owned Cemeteries

When exhumation is required it must be done with dignity and respect and with all the necessary documentation. It is unlawful to disturb any human remains (including cremated remains) without permission. Human remains may be exhumed for various reasons, including the lack of burial space, individual requests for reburial in another grave or repatriation. Exhumation of human remain can only be carried out after two years from the last burial in the grave.

A “Declaration for the use of a grave inside government cemeteries” signed by the grave owners is to be provided for such works to be carried out.

Transfer of ownership of graves within Government owned cemeteries.

If a grave owner dies without arranging for the transfer of deeds, this can give rise to problems when descendants wish to use the grave. The Burials Regulatory Unit cannot simply grant further burials without the necessary proof that person claiming ownership of the grave is legally entitled to it. It is therefore important that any transfer of ownership is notified and evidenced to the Burials Regulatory Unit at the earliest opportunity.

Transfer of ownership Grave owners are advised to make a will, as this will mean a transfer can take place according to their wishes. Transfer of ownerships of grave can be requested in two ways. It can be requested by inheritance and it can be requested through a deed of donation.

In case of a request to transfer ownership of grave by inheritance the following documents are required

1. Request letter by Notary or by heirs
2. Certificate of death of original owner
3. Testimonial researches of original owner (Secret and Public deeds / Malta and Gozo)
4. Copy of last will of owner.
5. Causa Mortis of heirs (applicable for owners who died after 1992) The grave in question is to be detailed in Causa Mortis. If not, detailed heirs are to do an addendum to the original causa mortis.
6. Documents indicated in point 2, 3, 4, and 5 are requested for any further generations of heirs.

Transfer of ownership of grave by deed of donation

In case of a request to transfer ownership of grave by deed of donation the following documents are required:

1. Request letter by Notary or by heirs
2. Copy of draft deed of donation (Acquirers are to include a declaration in draft deed that they do not possess any other grave in Government owned cemeteries in Malta and Gozo)
3. In case heirs of indicated owner of grave are carrying out request of deed of donation documents requested in transfer by inheritance are to be submitted too.

Transfers of Title of a grave is not valid until a request would have been made to the Superintended of Public Health and the necessary documents provided and ultimately registered with the Burial Regulatory Unit.

Memorials

No one can construction a monument in a government owned cemetery, without prior authorization from the from the Burials Regulatory Unit. Once permission for the erection of a monument has taken place, the registered owner is fully responsible for its maintenance, upkeep, and safety.

Applicable Fees:

The below fees are applicable for the issuing of permits for interments or transports of human remains within a government owned cemetery as per L.N. 353 of 2018

• Exhumation of remain and / or for transfer of remains to the ossuary, within the same grave, or, for the transfer of remains to the communal Charnel House, or to the Charnel House used for that grave. €59.00
• For the transfer of remain from a grave to another grave within the same cemetery. – €47.20
• For the transfer of remain from a grave to another grave in another cemetery – €88.50
• No fees or charges apply for burial.