Farm burials and grave considerations for private landowners

For those who never wish to leave their farms, burial at home is an increasingly popular option. There is a surprising lack of regulation in England and Wales and as long as the freehold owners of the land agree and there are no specific covenants preventing burial it is a possibility subject to conditions which include:

1. Obtaining a certificate of authority for burial from the Registrar of Births and Deaths and returning details of the date and place of burial within 96 hours of the burial taking place.
2. Burial to a minimum depth.  There is no legal minimum but 2 ft of soil between the top of a coffin or shroud and ground level is recommended.
3. Wrapping the body in a shroud and attaching identification details – there is no legal requirement for a coffin.
4. Burial more than 10 metres away from a dry ditch or field drain, more than 30 metres away from a Spring or running/standing water and more than 50 metres away from any well, borehole or spring supplying water for any use.
5. The landowner maintaining a Burial Register in accordance with the Registration of Burials Act 1864.  This need only be a written record placed with the property records detailing  some basic details and the precise location of the grave.

Planning permission is not required for a single burial and others may also be permitted provided that the number does not lead to a material change of use of the property and provided that permanent memorial is not erected.

It’s also wise to take a few precautions:

1. Whilst contact with the local authority is not required, the Environmental Health team will be able to check their records to ensure that the prescribed rules (in terms of proximity to waterways) are observed,
2. Safeguarding the open grave site after excavation and before burial to protect public safety would be wise and where the site is on or near a public footpath, applying for a temporary closure or diversion order under the Wildlife and Countryside Act 1981 would further mitigate risk to the public and ensure privacy for the ceremony,
3. Checking for the existence of underground service media such as gas and electricity pipes with the relevant authorities,
4. Carrying out a preliminary excavation to check ground conditions.  If ground water gathers or if the soil is too sandy, choose another site.
5. Consider the potential impact on market value when choosing the location.

Once the body has been laid to rest, exhumation is only possible with special permission from the Home Office and so if the land in which the body is buried is ever sold, care should be taken to reserve rights of access for visiting the grave site and for maintenance.