Some people are interested in private funerals. These include burials in the back gardens of houses. On this page we outline the procedure. We also list some things to consider before acting.
Planning permission
If you hold the freehold to a property you have the right to carry out a burial on that land. Planning permission is not required for a single grave on private property.
Policies and the law can change over time so it is best to ask the local planning office. They can confirm the position before you begin a burial.
After any burial takes place, its details must be recorded on the deeds to the property. The details must include:
- the full name of the person who is buried
- the date of the burial
- the exact location of the grave.
Environmental health
The Environmental Health department does not need to be involved. If issues arise from the delayed burial, neighbours can contact them. This could lead to the remains being exhumed. They may be re-buried elsewhere or cremated.
It is advisable to have a professional survey of the proposed burial site. This will show if there's interference with watercourses. This is the most likely area where problems could arise.
It's also worth getting advice from the Environmental Agency Thames Region (North East Area). You should also ask the local water company.
You should tell the local Environmental Health Department about any burial. This will allow them to keep an accurate record, if the land is developed.
Local Burial Authority
The local Cemetery Section has no power over such burials. They would not be involved in any part of the arrangements. But, most cemetery offices should be in a position to offer guidance on how to proceed.
Registration of the death
You will need to register a death by booking an appointment. The appointment can be booked in the borough where the death occurred.
If the death took place in Northwick Park hospital please contact Brent's Register office.
You should register a death within five days. We recommend that a relative of the deceased registers the death. If this is not possible, please contact us.
A green certificate is issued to the person registering the death. This certificate has two parts, "B" and "C".
- Part "B" should be kept with the deeds to the property.
- Part "C" must be completed by the person responsible for the burial. It must be returned to the issuing office. This must happen within 96 hours of the burial.
Contact with the Coroner
The coroner's office will contact the next of kin:
- when a burial can be carried out,
- what certificate will be issued,
- the type of funeral that can be held.
This happens when a coroner is informed of the plan to bury on private land.
Notifiable diseases
If a person has died from a notifiable disease, some arrangements must be made. You can discuss these with the hospital that cared for the deceased. Or, you can talk to a funeral director.
You can make funeral arrangements without a funeral director. We recommend talking about your requirements with a funeral director. This is because their help can be invaluable.
Grave digging
It is the responsibility of the person arranging the burial to dig or have the grave dug. Health and safety legislation must be followed. It is the property owner's responsibility to conduct a safe excavation.
If there is an accident that injures someone, it could lead to a lawsuit against the property's owner.
Future property ownership
If a person chooses to be buried in their private garden, future owners of the property might not allow the grave to remain. They may apply for the exhumation of the remains to be moved or cremated.
A grave with human remains in a private garden may reduce the property's value.