Law and permits
Wallonia
Code of Local Democracy and Decentralization (CDLD), Article L1232-5, as amended by the decree of 24 June 2021:
- the mayor or their delegate may authorize an exhumation at the family's request in only three cases: a burial will was discovered later, transfer to another plot with the same burial method, or international transport (transfert international);
- coffin exhumation at the family's request is carried out only by private companies;
- cremation after exhumation is authorized by the mayor at the request of close relatives, in particular for international transport.
Flanders
Decree on Cemeteries and Disposal of Remains (Decreet op de begraafplaatsen en de lijkbezorging) of 16 January 2004, Article 4: exhumation is carried out only with a permit, and detailed rules are set by the Flemish government and municipalities. In practice, the permit is granted by the mayor. Example of Diksmuide: exhumation is an exception, and permits are granted only for serious reasons (ernstige redenen). Some municipalities are stricter. In Mechelen, for example, the rules list mostly organizational reasons.
Brussels
Here, the Ordinance of 29 November 2018 on funerals and burials applies. We check with the municipality where the person is buried to see who authorizes exhumation and how. Municipalities have their own cemetery regulations, so rules can differ even between neighboring districts of the city.
The laws do not set a timeframe for the mayor's decision. We check this with the local authority.
What we ask the municipality
- who has the right to sign the application and whether a power of attorney from a relative in Ukraine is accepted;
- what reasons the municipality considers serious and how to confirm them;
- whether the municipality has a minimum waiting period or a specific season for exhumation;
- which company is allowed to lift the coffin at this cemetery;
- how much the municipal fee is and when to pay it;
- what documents the municipality will issue for transporting the body abroad.