Facilities

1. ENQUIRIES

Please contact Torbay Cemetery & Crematorium Office, Hele Road, Torquay

TQ2 7QG, which is open Monday - Friday 9.00am - 5.00 pm

Alternatively you can call us on 01803 327768.

2. INTERMENTS

2.1       All interments need to be arranged through the Torbay Cemetery & Crematorium Office. 

Five working days notice is required prior to a burial taking place.

2.2       Before a grave can be opened, a completed Notice of Interment Form must be received by The Torbay Cemetery & Crematorium Office.  In the case of a previously purchased grave, the Deed must be passed to the Torbay Cemetery & Crematorium Office with the interment form and where applicable a Statutory declaration or page 1 of the Will must be provided.

• If a grave is to be re-opened, permission must be obtained from the owner of the grave. If the grave owner has passed away the executor will become the successor in title.  If the deceased has not left a Will, the applicant of the interment should obtain a statutory declaration.

• Interments in coffins or caskets of wood, wicker, cardboard or similar biodegradable materials only shall be used for coffined burials in the Cemeteries. Uncoffined burial is permitted providing the deceased is suitably wrapped, causing no offence to the living or indignity to the deceased. Permission must be given by The Torbay Cemetery & Crematorium Office for an uncoffined burial. All coffins, caskets or uncoffined burials must be clearly identified with the name of the deceased.

• The site of all graves will be determined by the Torbay Cemetery & Crematorium Office.

• There shall be no interments whatsoever, including cremated remains, or scattering of cremated remains without the permission of The Torbay Cemetery & Crematorium Office

• Any application for Exhumation must be made with the Torbay Cemetery & Crematorium Office.

• The Torbay Cemetery & Crematorium Office must be notified if the deceased suffered from an infectious disease or was exposed to radiation

3. FUNERAL ARRANGEMENTS

3.1       Please notify the Torbay Cemetery & Crematorium Office if you are expecting a large number of mourners and of any special requirements as soon as possible.  Once within the Cemeteries the funerals are subject to the direction of the Cemetery Attendant.

• The relevant legal documentation required must be received in the Torbay Cemetery & Crematorium Office prior to the burial taking place.

• No person other than someone authorised by the Torbay Cemetery & Crematorium Office shall be permitted to dig a grave.

3.4       Funerals are only permitted during the hours specified by the Torbay Cemetery & Crematorium Office.

4. BURIAL RIGHTS

4.1       The Grant of Exclusive Rights of Burial is in the form of a written Deed, issued by Torbay Cemetery and Crematorium Ltd for a fixed period on payment of the required fee. At the end of the Grant period, unless the Rights have been renewed by the Grantee, the Burial Rights cease to exist. This Deed does not convey any ownership of the land itself, the ownership of the Cemetery land, including the grave surface, remains with Torbay Cemetery and Crematorium Ltd at all times.  The owner of the Deed does have the right to:

1. be buried in that grave;
2. authorise further burial(s) in that grave (where space is available),or the interment or scattering of cremated remains in or over that grave;
3. erect or place a memorial on that grave subject to the Rules and Regulations of Torbay Cemetery & Crematorium Ltd relating to memorialisation.
4. have inscriptions/additional inscriptions placed on a memorial on that grave subject to the Rules and Regulations of Torbay Cemetery & Crematorium Ltd relating to this matter.

It is very important to retain the Deed in a secure place, as it is the only legal document held by the Grantee confirming their entitlement to the burial and memorial rights. It is also very important to notify The Torbay Cemetery & Crematorium Office of any change of address; otherwise we are unable to contact the Grantee in the case of any problems with the grave.

4.3       The cost of grave digging is not included when you purchase the Exclusive Rights of Burial.  Each subsequent interment after purchasing the Exclusive Rights incurs a digging fee.  Price available on application.

4.4       At the time of purchasing the Exclusive Rights of Burial, the Deed will be registered with Torbay Cemetery & Crematorium Ltd in the name of the purchaser given on the Notice of Interment, the Grantee. Therefore, only that person is legally entitled to the burial rights of the grave plot unless legal transfer of ownership can be proved to Torbay Cemetery & Crematorium Ltd. Possession of the Deed by a person other than the Grantee in no way entitles them to any of the burial rights.

4.5    Even when the grave plot is full, it may still be utilised for the interment of cremated remains thereafter.  Burial Rights for a Cremated Remains plot are for three interments of cremated remains. Burial Rights for an Infant Grave in the Infant Section of the Cemetery are for a single interment of a child coffin.

• If you have not received your Deed within one month from the date of interment please contact your Funeral Director or The Torbay Cemetery & Crematorium Office. Deeds are sent direct to the Grantee.

5. GRAVE MAINTENANCE

• All new burial areas within the Cemetery have been laid out as a 'Lawn Cemetery'. This means that the Cemetery is laid out with a 'Tribute Area' at the head of the grave, to a depth of 24” (60cm) and the remaining area of the grave is lawned.

• The Tribute Area at the head of the grave may be planted out provided that the plants are maintained by the Grantee. No plants or shrubs should have a final height of more than two feet (60cm) or a final spread greater than the width of the grave. When choosing plants for placing in the Tribute Area it should be borne in mind that they may need to be removed in order to re-open the grave at a future date and also that these may prevent grave levelling taking place.

• Floral tributes and small memorial items may be placed in the Tribute Area by the Grantee or any person acting with the Grantee’s consent. Flower containers should not be made of material which will break or shatter, such as glass or porcelain as these pose a safety risk to staff and public visiting the Cemetery. No item shall be left within the tribute area which in the opinion of the Torbay Cemetery & Crematorium Manager is likely to cause offence or upset visitors. Torbay Cemetery & Crematorium Ltd reserves the right to remove and dispose of any item within the Tribute Area which, in the opinion of The Torbay Cemetery & Crematorium Manager, has deteriorated such that it detracts from the appearance of the Cemeteries.  All items are left at the owners risk.

• No person shall place any item on the lawned section of the grave nor interfere with the lawned area in any way. This will be maintained by Torbay Cemetery & Crematorium Ltd at no expense to the Grantee. Torbay Cemetery & Crematorium Ltd reserves the right, without prior notice, to remove any articles left on the lawned surface.

5.5 The Grantee shall be required to ensure that the Tribute Area is maintained in good order and to a reasonable standard at all times. If, in the opinion of The Torbay Cemetery & Crematorium Manager, this requirement is contravened such that the area: 

• Detracts from the appearance of the Cemetery; or
• Impedes the satisfactory maintenance of the Cemetery; or
• Represents a safety hazard to Cemetery visitors, employees and contractors; or
• Contains any item or planting which does not comply with these regulations;

Torbay Cemetery & Crematorium Ltd reserves the right to remedy the contravention without prior notice. Any items except planting removed by Torbay Cemetery & Crematorium Ltd will be kept for no longer than one month and then disposed of, if not collected.

• Torbay Cemetery & Crematorium Ltd will not enter into grave maintenance agreements.

• All graves are liable to sinkage after interments have taken place, this happens at varying intervals. Therefore there is a system of periodic grave levelling, and at the final levelling, grass seeding is carried out.  However, please be aware that graves may still sink some years later; please inform the office if your grave needs levelling.

ALL PLANTS, MEMORIAL ITEMS ETC ARE PLACED AT OWNERS RISK, TORBAY CEMETERY & CREMATORIUM LTD ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE.

6. NEW GRAVES

• Headstones will be placed on firm ground at the head of the grave. This area must be kept free from obstructions at all times and the soil must not be disturbed. Any other items placed in this area will be removed without prior notice and disposed of.  

• We request that new graves are not planted out at all. However floral tributes may be placed on new graves and these will be removed when the grave requires levelling. Any planting on a new grave will be removed to allow levelling to take place. Otherwise at a later date sinkage may cause problems. Regrettably any plants removed from the grave will have to be disposed of, as we cannot store plants.  Small memorial items will be removed to allow levelling to take place. However once the headstone memorial has been erected all such items must be placed within the permitted 24" (60cm) area in front of the headstone.

We respectfully remind you that all plants, memorial items etc. are placed at owner's risk, Torbay Cemetery & Crematorium Ltd accepts no responsibility for any loss or damage.

6.3       In Non-Lawn areas of the Cemetery, properly installed kerbing may, with the approval of the Torbay Cemetery & Crematorium Office, enclose grave surfaces.  It is the responsibility of the Grantee to arrange for these enclosed grave surfaces to be maintained.

7. CREMATED REMAINS BURIAL SECTION

• All cremated remains can only be interred in biodegradable containers or poured directly into the grave. No cremated remains can be scattered on a cremated remains grave.

Graves will be used in strict rotation so therefore selection of grave space is not permitted.

• All memorials shall be of natural stone and conform to a uniform design. A Registered Memorial Mason will need to be contacted for details of this (list available from the Torbay Cemetery & Crematorium Office).  Memorial permits will need to be applied for as set out in Section 8 - Memorials.

7.3       Each memorial tablet shall be set on the foundation stone provided in such a manner that there is an even width of border of exposed foundation around the perimeter of the tablet.

Or the tablet may be placed on a matching base which should exactly match the size of the foundation stone and be fixed to it according to the section.

7.4       Two matching vases may be placed at the back of the tablet fixed centrally by a Registered Memorial Mason.  Wording will be permitted on the vases.  The vases must be the same height as the tablet and a maximum of 6" wide.  The vases can only be placed in conjunction with a tablet memorial and may not be placed on their own.

• No additional pots, ornaments, plants etc. to be placed around foundation stone. No fencing, chippings, glass or breakable objects, as these pose a safety risk to staff and public visiting the Cemeteries. All items are left at owners risk.

7.6       The Grantee shall be required to ensure that the cremated remains grave is maintained in good order and to a reasonable standard at all times. If, in the opinion of The Torbay Cemetery & Crematorium Manager, this requirement is contravened such that the area: 

• Detracts from the appearance of the Cemetery; or
• Impedes the satisfactory maintenance of the Cemetery; or
• Represents a safety hazard to Cemetery visitors, employees and contractors; or
• Contains any item or planting which does not comply with these regulations;

Torbay Cemetery & Crematorium Ltd reserves the right to remedy the contravention without prior notice.   Any items except plants removed by Torbay Cemetery & Crematorium Ltd will be kept for no longer than one month and then disposed of, if not collected.

8. MEMORIALS

8.1       Grantees are entitled to apply for permission to have a permanent memorial erected upon a grave plot. The memorial application form will need to be completed and submitted, on behalf of the Grantee, by a Registered Memorial Mason contracted to carry out the work or by the Torbay Cemetery & Crematorium Office Memorial Service.

8.2      The Grantee will need to contact the Torbay Cemetery & Crematorium Office Memorial Service or a Registered Memorial Mason for details of different types and sizes of memorials permitted within the Cemeteries. Memorials are permitted in natural materials, i.e. stone, granite marble or wood. No memorial may be erected without a permit.

Torbay Cemetery & Crematorium Ltd has the right to remove any memorial found to have been erected without a permit or a grant of right to erect and maintain a memorial.

8.3       If a burial is to take place the Grantee will need to ensure that any memorials, plants, or memorabilia are removed prior to the grave being opened.  This will normally be arranged by the Torbay Cemetery & Crematorium Office Memorial Service or a Funeral Director who will liaise with a Memorial Mason to have any memorial removed.

8.4       There are no restrictions on the wording inscribed on a memorial other than it should not give offence to other members of the public. 

A list of Registered Memorial Masons is available from Torbay Cemetery & Crematorium Ltd, who Memorial Masons Registration Scheme.

Torbay Cemetery and Crematorium Ltd does not accept liability for damage to any memorial and/or grave space. Memorials are erected entirely at the risk and expense of the owner.

Torbay Cemetery & Crematorium Ltd will not, be responsible for loss or damage to items placed on graves, or items placed in contravention of these Regulations.

9. MEMORIAL MAINTENANCE

9.1       It is recommended that all memorials should be insured against theft, loss or damage.

            Most Memorial Masons can arrange for insurance cover.

• The Grantee is responsible for the upkeep and maintenance of the memorial, and any other items placed on the grave.

• It is strongly recommended that the Grantee should have the stability and condition of the memorial checked at least annually. Failure to do so may result in the Grantee being held liable for any injury or death caused to a third party if the injury or death is shown to be due to the condition of the memorial, or the manner in which it was installed.

• As the leaseholder for the land Torbay Cemetery & Crematorium Ltd has a duty of care towards Cemetery visitors, employees and contractors. In order to comply with this duty, Torbay Cemetery and Crematorium Ltd has to carry out safety inspections of memorials.  In the event that a memorial is identified as being a potential hazard, Torbay Cemetery & Crematorium Ltd is duty bound to take action to reduce the risk of injury to visitors.  In this instance action taken may include:-

1. Laying down of memorial
2. Binding a memorial to a temporary support
3. Attaching highly visible appropriate signage

This action may be taken immediately following inspection without notice.

Torbay Cemetery and Crematorium Ltd will attempt to contact the Grantee, at their last known address, to inform them of the reason for taking the action.  Regular memorial inspections and appropriate remedial works arranged by the Grantee themselves will avoid the need for such emergency action.

10. CONDUCT

1. Dogs are not permitted in the cemeteries except for guide dogs.
2. No photographs maybe taken in the Cemeteries without the prior consent of the Manager.
3. No arrangement must be made with, or fees paid to, any employees of Torbay Cemetery & Crematorium for any private service or work in the Cemeteries.
4. Children, under the age of 10 years are not permitted in the Cemeteries except under the care and supervision of a person over the age of 18 years.
5. No skateboards, skates or scooters are permitted in the Cemeteries.
6. Household waste or other waste material not generated in the Cemeteries must not be placed in the litterbins.
7. Visitors entering the cemeteries have to take reasonable care for their own safety.

Essential works are frequently undertaken on cemetery land and extreme caution should be exercised when in the vicinity of excavated ground and working vehicles or machinery.

11. CONDUCT OF TORBAY CEMETERY AND CREMATORIUM LTD

11.1     Torbay Cemetery & Crematorium Ltd reserve the right to disconnect the water supply to avoid freezing, when a tap or taps are defective or if the supply provided is abused.

11.1    Torbay Cemetery & Crematorium Ltd are empowered to alter or amend the foregoing regulations at any time; to introduce further regulations as they consider necessary; to waive any of the foregoing regulations in exceptional circumstances or to impose temporary restrictions on any matters not specifically covered by these regulations.

11.3     Any monument, memorial, stone, shrub, plant or item whatsoever, erected or placed in the Cemeteries in contravention of these Regulations may be removed by the Management at any time without prior notice.

OFFENCES

CRIMINAL DAMAGE ACT, 1971

Section 1(1)

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

LOCAL AUTHORITIES CEMETERIES ORDER, 1977

Article 10 (6)

No body shall be buried, or cremated human remains interred or scattered, in or over any grave or vault in which an exclusive right of burial for the time being subsists except by, or with the consent in writing of, the owner of the right.

Schedule 2  Part (1)

No burial shall take place, no cremated human remains shall be scattered and no tombstone or other memorial shall be placed in a cemetery, and no additional inscription shall be made on a tombstone or other memorial, without the permission of the officer appointed for that purpose by the burial authority. 

Article 18 (1)

No person shall: -

1. wilfully create any disturbance in a cemetery;
2. commit any nuisance in a cemetery;
3. wilfully interfere with any burial taking place in a cemetery;
4. wilfully interfere with any grave or vault, any tombstone or other memorial or any flowers or plants on any such matter; or
5. play at any game or sport in a cemetery.

No person not being an officer or servant of the burial authority or another person so authorised by or on behalf of the burial authority shall enter or remain in a cemetery at any hour when it is closed to the public.

Every person who contravenes-

1. Article 10 (6)
2. Article 18 (1)
3. Part 1 of Schedule 2

shall be liable on summary conviction to a fine not exceeding £1,000 and in the case of a continuing offence to a fine not exceeding £10.00 for each day during which the offence continues after convictions therefore.

These Rules and Regulations are made in accordance with the Local Authorities Cemeteries Order 1977 which empowers the Burial Authority, Torbay Cemetery & Crematorium Ltd, to do all such things as they consider necessary or desirable for the proper management, regulation and control of the Cemeteries.  Nothing contained in these Rules and Regulations shall operate to exclude any duty or restrict any power Torbay Cemetery & Crematorium Ltd is subject to, including its duty to keep the Cemeteries in good repair and order and its duties as owner and occupier of the land.

Traditional Section

FULL TRADITIONAL GRAVE & MEMORIAL 6’6” X 2’6”

Lawn Section

LAWN GRAVE HEADSTONE & BASE 2’6” or 3’ max height

Lawn Grave

HEADSTONE & MINI KERBSET 18” DEEP

IMPORTANT INFORMATION for a new grave owner

Permitted memorial options for the type of grave selected

Lawn graves permit a headstone, base and 30” kerb only - traditional memorials permit a full kerb memorial that covers the 6’6” x 2’6” grave space.

Care of the grave after immediately after the burial

It is normal for the grave to settle soon after the burial, more so in wet conditions. The grave will be topped up by the cemetery as soon as possible using heavy soil.

Future care of the grave

No fencing around lawn graves is permitted. Trees are not to be planted within or around the grave. When the grave has settled, normally after 9-12 months the cemetery will topsoil and seed the plot.

Full information about care of graves is provided in the Cemetery Rules and Regulations.

Floral tributes & personal items

The cemetery will remove floral tributes following a burial normally after 14 days or sooner if their condition detracts from the general appearance. The cemetery cannot take responsibility for the safe keeping of any items left on the grave space.

Grave Exclusive Rights of Burial - lease period

The length of lease granted for cemetery grave plots at Torquay is 100 years. This can be topped up after 25 years or renewed when expired. The deed to the plot will normally be sent to the owner within 10 working days.

Rules and Regulations

A complete copy of the Cemetery Rules and Regulations will be provided to each new grave owner. These will provide comprehensive information about all aspects of the cemetery and crematorium.

Grave positioning

We will endeavour to dig the position and depth that has been selected for burial. Unfortunately sometimes due to circumstances beyond our control such as ground conditions or collapses we may have to move the grave position or reduce the depth. If we are required to change positions we will try to locate this in the closest location to the original position.

The cemetery reserve the right to add additional positions or change the layout/numbering of a section should the need be required.