Are burials on private land legal?
Yes. There is no law preventing a burial on private land in England. However, this is a significant decision and there are legal, practical and environmental issues that must be carefully considered before proceeding.
Important considerations before choosing a private burial
Future access to the grave
If the property is sold in the future, access to visit the grave is not guaranteed. While it is possible to create a legal right of access (known as an easement), this may discourage potential buyers and affect the property’s value or saleability.
Once a burial has taken place, remains must not be disturbed or removed without lawful authority and an exhumation licence. Future owners could apply for such a licence and may also choose to restrict access to the burial site.
To help protect future interests, it is strongly recommended that an informative note is added to the Land Register and property deeds to permanently record the burial.
Further independent advice is available from the Natural Death Centre, which provides guidance on burials on private land.
Neighbours and social considerations
Neighbours may be concerned. Although they have no legal right to object to a burial near their home, social implications should be considered.
Landownership and restrictions
You must have permission from the landowner for a burial to take place. The landowner should also check for any restrictive covenants on the land that may prohibit burials.
Burial records
To comply with statutory requirements, a burial register must be kept. This can be a simple record, such as a notebook, containing:
the name and details of the deceased
the date of burial
a map or plan showing the burial location
This record should be retained permanently.
Environmental and site suitability
Before planning a private burial, you must ensure that the site meets environmental and groundwater protection requirements. The Environment Agency has powers to intervene if there is a risk of pollution, so early contact with them is strongly advised.
Minimum environmental distances
The burial site must:
be more than 30 metres from any spring, running water or standing water
be more than 10 metres from dry ditches or field drains
be at least 50 metres from any well, spring or borehole used for water supply
allow at least 1 metre of soil above and below the coffin once buried
be free from standing water when the grave is first dug
not be in very sandy soil
The burial plot should also be located:
away from buildings
away from underground services such as drains, cables and gas pipes
This is particularly important to prevent disturbance if future repairs or development take place.
Further national guidance on cemeteries and burials is available on the Gov.uk website.
Planning permission
Planning permission is not usually required for one or two burials, as this is unlikely to represent a material change of land use.
However, planning permission may be required if:
permanent memorials or structures are proposed
multiple burials are planned
For advice and further information, contact the Council’s Planning and Building Control team.
What you need to do before a home burial
Register the death at one of Cornwall’s registration offices
Appointments can be booked online: Register a death – Cornwall Council
Obtain a Certificate of Authority for Burial (often called the “green form”) from the Registrar
Contact the Council’s Environmental Protection team for advice on environmental health and safety issues
Alternative burial options
If a home burial is not suitable, there are other options to consider:
Burial at sea
Burial at sea is permitted at three designated UK coastal sites and a marine licence is required from the Marine Management Organisation.
Ashes may be scattered at sea without a licence
Green or natural burial options
Environmentally friendly alternatives such as green burials and burial meadows are becoming more widely available.