Burying a loved one on private land is legal and is usually a straightforward process. However, there are important things to consider before making any arrangements. It is best to check these requirements in advance wherever possible.

The following guidance is based on information provided by the Natural Death Centre:

  • you must have permission from the owner of the land.

  • the landowner should check the property's title deeds for any restrictions that may prevent a burial from taking place

  • the burial must not be too close to water sources. As a guide, graves should be:

    • at least 10 metres from a dry ditch or field drain

    • at least 30 metres from any stream, pond, lake or spring

    • at least 50 metres from any well, borehole or spring used as a water supply

  • there must be enough soil covering the coffin or shroud (see the guidance on grave depth below).

There must be a minimum depth between the settled soil level and the top of the coffin or shroud (see note below).

Before the burial can take place, the person arranging it must obtain a Certificate of Authority for Burial from the Registrar of Births and Deaths (or, in some circumstances, the Coroner). This is usually issued when the death is registered and is often known as the 'green form'.

After the burial:

  • the section attached to the Certificate for Burial or Cremation must be completed with the date and location of the burial and returned to the Registrar of Births and Deaths within 96 hours

  • the landowner, or someone acting on their behalf, must keep a record of the burial in a safe place.
     

The role of the local authority

You do not need planning permission for a small number of burials.

Planning permission is generally not required for a very small number of burials, as this would not normally be considered a material change of use. However, there is no set number in law, with case law referring only to a "limited" or "restricted" number of burials.

What is considered a reasonable number of burials will depend on the location and circumstances. For example, more burials may be acceptable in rural farmland than in a suburban garden.

As there is no set legal limit, we recommend taking a cautious approach. If you are considering more than two burials, the local planning authority may ask you to submit a planning application. If you are unsure, please contact the planning team for advice.

Do you need advice on private burials? Contact the Planning team

Please get in touch with the Health Protection Hub at the earliest opportunity so we can discuss your plans and answer any questions you or your funeral director may have.

Email: HealthProtectionHub@telford.gov.uk 

Please note if you are planning to bury cremated ashes, you do not need to contact us, as this does not raise any environmental concerns.

Grave digging and grave depth

Before a burial takes place, the grave should be dug and checked to ensure it does not fill with water and that the ground is suitable for burial.

There is no legal minimum depth for a grave. However, the Ministry of Justice recommends that there should be at least 2 feet (60cm) of soil between the top of the coffin and the ground surface. Shallower graves are generally easier and safer to dig and may support natural decomposition.

An open grave can be dangerous and should be properly secured until the burial takes place. If the burial site is close to or crossed by a public footpath, you may need to make temporary arrangements to protect the public and ensure privacy during the burial (under the provisions of the Wildlife and Countryside Act 1981).

Before choosing a burial location, you should also check for any underground pipes, cables or other services that may be present. You may need to check property plans or contact utility companies for this information.

Visit the Natural Death Centre website for more information on grave digging

Some other points to consider

While there are relatively few regulations relating to private burials, it is important to consider the practical implications.

If the property is sold in the future, family and friends may no longer be able to visit the grave unless legal access arrangements are put in place. You should also consider how a burial may affect the property's value, as the impact can vary depending on the location and circumstances.

Although planning permission is not usually required for a small number of burials, some memorials or structures may need planning consent. Planting a tree to mark a burial is unlikely to raise planning concerns.

You should also keep a burial record. This does not need to be a formal register. A simple document is sufficient, provided it records:

  • the deceased person's details

  • the date of burial

  • the grave's location

  • supported by a site plan if possible.

The Natural Death Centre can provide a sample form.