Can you bury a coffin or an urn in a private property?
Verified 17 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
Yes, exceptionally, and under certain conditions, a coffin or a funeral urn can be buried in the garden of a private property.
A burial in the grounds of a private property is possible exceptionally.
You must seek permission from the prefect of the department where the property is located.
Procedures vary depending on whether the burial is a coffin or urn:
Coffin
In exceptional cases, burial in the grounds of private property is possible.
The formalities may be completed by the funeral home operator.
You must meet the following 3 conditions:
- Prove that the property is located outside urban area
- Solicit the opinion of a hydrogeologist by contacting the Regional Health Agency (ARS)
- Obtain the agreement of the prefect
Who shall I contact
If the land does not belong to you, you also need the authorization of its owner.
Funeral urn
In exceptional cases, burial in the grounds of private property is possible.
The formalities may be completed by the funeral home operator.
You must meet the following 2 conditions:
- Prove that the property is located outside urban area
- Obtain the agreement of the prefect
If the land does not belong to you, you also need the authorization of its owner.
FYI
Burying in private land creates a bondage in respect of the deceased's relatives. They must be able to freely access the grave to collect themselves. If the land is sold, the easement is imposed on the new owner.
Burial in a particular property (article L2223-9)
Authorization to close the coffin on the basis of a certificate issued by a doctor (Article L2223-42)
Authorization of the Prefect of the Department (Article R2213-32)
Powers of the prefect exercised by the police prefect in Paris (Article R2512-34)
Burial of a cinerary urn in a particular property
Private cemeteries
National Institute of Statistics and Economic Studies (INSEE)