Burial on your own land

This page contains information regarding home burials and the relevant legislation.

The position in respect of home burials has been discussed with the Planning Department and planning permission is not required in these circumstances. However, should any monuments be planned at the site then planning permission may be required.

From an Environmental Health perspective there is no legal reason why you should not be buried at your home. As you may be aware, you will need to ensure that your wishes for burial are outlined in your Will or some other legal document which specifies your requirements. We would recommend that these arrangements be made beforehand with undertakers etc who are sympathetic to this type of burial so as to facilitate your executors in complying with your requests.

In addition we would make the following comments regarding this subject for your consideration:

• Should you be buried in your garden, then there is no guarantee that future owners of the property would allow you to rest in peace and an application could be made for exhumation at a later date. In addition, future owners may also prevent access to relatives who may wish to visit the grave and pay their respects.
• Your proposal may have the effect of reducing the value of your property in future.
• The land in question could be developed at a later date. It is, therefore, recommended that an "informative" be added to the land registry so that a permanent record is available for future purchasers, etc. The contact address is: Weymouth District Land Registry, Melcombe Court, 1 Cumberland Court, Weymouth, Dorset, DT4 9TT, Tel No 01305 363636.
• Further consideration is the possibility of contamination of water courses and water supplies.The Environment Agency, Tel.  08708 506506, or the the local water company for the area, Wessex Water, Tel. 01225 526000, should also be contacted and will be able to provide you with confirmation of the situation.
• Unless provided for in other legislation, burials must be registered in accordance with the Registration of Burials Act 1864. Although a private piece of land might not be a 'burial ground' as mentioned in the Act, it might be argued that it becomes one if a burial takes place in it. It may be prudent, therefore, for the burial to be recorded in accordance with the Act by taking and preserving particulars of the burial. The Act says only that registrations should be held in the keeping of the owner of the burial ground. It would seem appropriate that a copy of those particulars should be kept with the deeds to the property. Coffins must be buried at least 3 feet below ground level.

Further information regarding burial at home and independant funerals is available from an organisation called "The Natural Death Centre", 6 Blackstock Mews, Blackstock Road, London, N4 2BT, Tel 0871 2098, who can provide information and literature on this subject, including details of undertakers who are sympathetic to this form of burial. You can also visit their website at www.naturaldeath.org.uk (opens in new browser window).

If you would like further advice from the Council please contact us on 01225 770358.

Information is also available on this website on buying a burial plot in a council run cemetery.