Can I be buried in my garden?

Can I be buried in my garden?

Believe it or not, this question does crop up occasionally. And it may surprise you to hear that, in principle, yes, you can be buried in your garden. But as you might expect, there are a number of legal and practical considerations before your loved ones can carry out your wishes.

Is a sale of the property likely any time soon?

A significant consideration is what happens on the sale of the property. You may be confident that your home will remain in your family’s ownership for many years. But circumstances can and do change.

Many people will not even entertain the idea of living in a house with somebody buried in the garden. So, inevitably, a home burial reduces the property’s value. In a well-publicised case, an estate agent’s particulars carried the following notice:

“Please be aware this property is being sold by family members as part of a relative’s estate. It was the deceased’s wish to be buried in the garden as he was born and died in the house. This wish has been carried out and the property will be sold as is.”

Another consideration is that unless you put in place restrictive covenants, a future owner can apply to the Home Office for permission to exhume your body and bury it elsewhere. They might also refuse your loved ones access to the grave. Therefore, if you are considering home burial, always discuss it with your solicitor.

It’s also worth remembering that your loved ones will also need an exhumation licence should they wish to bury you elsewhere in the future.

Do I need planning permission for a home burial?

As long as there is no material change of use, you do not require planning permission for a home burial. Even two or three graves would probably not lead to a suggestion of a material change of use, ie the land being used as a cemetery. However, a large monument or mausoleum over the grave will likely require planning permission.

What are the legal requirements for a home burial?

You need the freeholder’s permission. That may sound obvious, but many homes are long leasehold. If you are not sure, ask your solicitor to check. Even with freehold property, there may be restrictive covenants attached to the title prohibiting burial. Again, always check.

Then there are environmental considerations. Human remains fall within the definition of ‘clinical waste’. As such, their disposal falls under the provisions of the Control of Pollution Act 1974 and the Environment Protection Act 1990, and breaching their requirements is a criminal offence. The grave must be far enough from a ditch or water source to not be at risk of polluting groundwater. This includes the risk of flooding. Details are available on the government website. Certainly, you should always speak to the environmental control team at your local authority or to the Environment Agency.

There is a common misconception that a grave must be at least six feet deep, but the law provides no minimum depth for burial. However, the Ministry of Justice recommends a minimum depth of soil of two feet between the coffin lid and ground level. Arguably, shallower graves are more environmentally friendly in that increased levels of oxygen near the surface aid decomposition.

The person responsible for the burial must have a ‘Certificate for Burial or Cremation’. Often referred to as the ‘Green Form’, the Registrar (or in certain situations by the Coroner) issues this document on registration of the death. At the bottom of the Green Form is a slip. This must complete the slip with the date and place of the burial and return it to the Registrar within 96 hours of the burial.

Burial register

The owner of the property on which a burial has taken place must create a simple burial register and keep it in a safe place. At the very least, it should include the deceased’s name, address, date of birth, date of death and the place of burial. A property owner should also keep with the register a plan showing the exact location of the grave.