Before burying a deceased person on private land, you must:
- Check there is no covenant on the land that could prohibit a burial
- Ensure there are no local byelaws preventing the burial
- A record must be placed on the deeds of the land to record details of the burial
- The site should be more than 30m from any spring or any other body of water. It should also be 10m from any dry ditch or field drain.
- The site should be at least 50m from any well, borehole or spring. You can contact the Environment Agency to find out if there is one near your chosen site.
- Stay clear of water, gas and electrical services.
- There should be at least 1m of soil above the lid of the coffin.
- You would need to create a burial register to comply with Statute Law. This can simply be a notebook containing details of the deceased and preferably a simple map highlighting the location of the burial.
- You would also be issued with a certificate for burial (issued by a coroner or the Registrar of Births and Deaths). The detachable section of this would need to be completed and returned to the registrar.
- Neighbours may be concerned about any burials taking place near their homes. Although they would have no legal right to object the social implications should be considered.
- The value of the property may be affected by a burial within its ground.
- If numerous burials were planned in a private garden, the local planning authority would need to be consulted, as the principal use of the garden will have changed from a garden to a cemetery.