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Private Burial Information

When considering a private burial the following information should be noted:

1. Statutory guidance
a) No authorisation from central government is required for the burial of a corpse, either in a cemetery or in private ground. All that is required is a certificate of disposal issued by the Local Registrar of Births Deaths and Marriage when the death is registered, or if the death has been referred to a Coroner, a document issued by him.

b) There is nothing in the existing public general law which prevents the burial of a body in ground other than a cemetery, however laws for private burials are very obscure. A book called "Green Burials" by John Bradfield outlines the complexities of private burials, which includes some obscure private acts. The assumption from the book is a private burial and all relevant details should be in accordance with the Registration of Burials Act 1864 and therefore at least registered with the property deeds so there are official records of the burial. If not there could be problems in the future i.e. the body is mistakenly dug up and foul play is suspected as no records are found.

c) The Registrar of Births Marriages and Deaths must be notified of the place of burial. Records passed to them concerning the location of a private burial site will only be held for 5 - 6 years. Therefore as stated above it is important the burial details are registered with the property deeds.

d) Whether or not planning consent for the provision of a burial ground would be required is a matter for the local authority as the local planning authority; but whether a particular piece of land is a burial ground is, could be a question of fact and degree.

Case Law, in May 1996 a man in East Sussex won his appeal to the Department of the Environment against his local authority who had turned down his application for a Certificate of Lawfulness to have two burials in his half acre garden. He now has the right to a 'limited number' of burials, containable within an area on his farm. This would suggest the scope for burial on private land without planning permission remains as interpreted by the Natural Death Centre. A 'limited' number of burials (family, friends, those living in the house) on private land do not require planning permission.

e) It is unlikely whether land where one person was laid to rest would be held to be burial ground, provided that no substantial memorial were erected. It might, of course, be otherwise if two or three were similarly interred.

f) From an environmental health point of view the only statutory control would be the nuisance provisions of the Environmental Protection Act 1990. However provided a body is buried in the correct way (see below for burial procedures) there should be no problem. If neighbours object on 'health grounds' it might be worth pointing out that most graveyards are surrounded by residential properties and no problems are ever reported from these sources, which typically contain hundreds of bodies.

2. Burial Procedures and general points
a) The landowners permission is required before a burial can take place.

b) The burial should not interfere with future building work or any services ranging from gas pipes to mains sewers. Therefore all those responsible for providing services i.e. British Gas, Severn Trent Plc etc should be contacted before choosing the area you have in mind to confirm the area is clear.

c) Contact should be made with the Environment Agency to check whether there are any local watercourses in the area chosen. They are likely to advise the burial ground is kept at least 50 metres from any watercourses. However if a watercourse is polluted in the future the Environment Agency could prosecute under the Water Resources Act 1991. For general enquiries contact on 08707 506 506. Also check the Council's register of private water supplies to make sure there is no such supply close to the burial site.

d) There might be restrictions on the method of burial if the deceased has died of an infectious notifiable disease. Contact your local Environmental Health Department for further information.

e) It is an offence to bury a body before obtaining a form giving authority for burial of the body. This is likely to be a Certificate for Burial (Form 9), which is obtainable from the Registrar of Births and Deaths or it may be a Coroner's order for burial if the death is one that has to be reported to the Coroner.

f) There are no requirements as to whether the body should be buried in a coffin, shroud etc, and no requirement for a religious service, or to use a funeral director.

g) There is no minimum depth at which bodies should be buried although a minimum of 1.0 metres soil cover over the body or coffin is recommended.

h) It is advisable to inform the police before digging a grave as it may arouse the suspicion of members of the public.

i) The presence of a grave on land might devalue it. A mortgage lender may therefore object to home burials and should be consulted first.

j) Any subsequent owner of the land might prevent family members from visiting the grave unless there is a specific legal agreement in the sale details allowing for this. A subsequent owner could also apply to the Secretary of State for a licence to remove the body and any tombstone.

k) Although unlikely, there might be a restrictive covenant on the property prohibiting burials.

l) Such burials are not registerable on the Local Land Charges Register, but details might be recorded so that an 'information only' entry could be made in the register - there is no duty to do this however.

m) Although single burials do not appear to require planning permission, relatives should be advised to check with the Planning Department anyway, as permission may be required for a memorial.

3. Further information
a) The "New Natural Death Handbook" published by the Natural Death Centre.

For further details go to the Natural Death website or write to the Natural Death Centre, In the Hill House, Watley, Twyford, Winchester, SO21 1QX .

b) Advice on private/alternative "green burials" may be obtained via the Centre for Alternative Technology in Wales on 01654 702 400.

c) For the law on private burial, see Green Burial by John Bradfield obtainable from the National Death Centre above.

d) If you wish to discuss any of the above with an Environmental Health Officer, please contact Customer Services:

Important

This information is based on that currently available to the Malvern Hills District Council. It is given on the strict understanding that neither Malvern Hills District Council nor any of its officers warrant the accuracy of this information or accept any liability whatsoever for any error or omission therein nor for any loss or damage arising from interpretation or use of the information supplied.