Burial on your own land
From an environmental health perspective there is no legal reason why you should not be buried on your own land. You will need to ensure that your wishes for burial are outlined in your will or some other legal document which specifies your requirements. To ensure your executors can comply with your wishes, it is recommended that prior arrangements are made with undertakers who are sympathetic to this type of burial.
You will need to contact the Environment Agency (EA) to ensure that the burial site will not be located close to any water course as there may be a possibility of future contamination. You can contact the EA by emailing enquiries@environment-agency.gov.uk or by telephoning 0870 850 6506.
Planning permission is not required for one or two burials as there is unlikely to be a material change of use, however, should any monuments be planned at the site then planning permission may be required. If you need further advice please contact the council’s development control team by emailing: customer.service@basingstoke.gov.uk or by telephoning 01256 844844.
It is possible that 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. The Land Registry address is, St Andrews Court, St Michaels Road, Portsmouth PO1 2PR, telephone, 023 9276 8888. The precise location of the grave should also be marked on a plan and attached to the deeds of the property.
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 stated in the Act, it might be argued that it becomes one if a burial takes place on it. It may be prudent, therefore, for the burial to be recorded in accordance with the Act.
The death will need to be registered with the local Registrar of Births, Deaths and Marriages as usual and the certificate returned to them recording the place of burial.
Further information regarding burial at home and independent funerals is available from, The Natural Death Centre, 6 Blackstock Mews, Blackstock Road, London, N4 2BT, telephone 0871 2098. It can provide information and literature on this subject, including details of undertakers who are sympathetic to this form of burial.
