After a cremation (or incineration), the ashes of a deceased person are collected in an urn. The urn can then be buried in a cemetery or on private property. The ashes can also be scattered in nature. The point on what is legal or not.
When a person dies, they can be cremated in other words burned and reduced to ashes. That’s what we call cremation Or cremation. These ashes can then be kept in a buried urn Or dispersed in nature, under conditions regulated by law. How does it go urn burial ? Can we keep the ashes at home? Put them on private property? Can we scatter the ashes in the sea? The forest ? Here are all the legal possibilities and explanations from our experts.
What is the burial of ashes?
Burial refers to the burial or burial of a deceased person, whether it is his body or his ashes. “The ashes of deceased persons whose bodies have been cremated must be treated with respect, dignity and decency“, indicates the law of 19-12-2008 (Article 16-1-1). Thus, since the creation of this law, the ballot box which contains the ashes of a deceased can be buried and placed underground in the same way as a coffin. “The burial of an urn consists to place the urn underground, in a columbarium, or in the sea, and to make a burial in his memory. In France, everyone has the right to be buried“, specifies Lambert Ravasi, President of the company Pompes Funèbres Convention in Paris. Thus, after a cremation (also called incineration), the ashes of a deceased person are collected in an urn with a plaque indicating the identity of the deceased and the name of the crematorium. For a maximum period ofa yearthe urn can be kept in a crematorium (or one place of worship under certain conditions and with agreement). During this period, relatives must decide of becoming ashes (unless the deceased had previously indicated his wishes) and can choose from several options :
- urn burial in a cemetery (concession, vault…) Or cinerary site
- Urn burial in private property
- Free burial in the cemetery common.
- Scattering of ashes in nature
Relatives therefore havea year to decide what happens to the ashes. After this time, if the relatives have not come to collect the urn, the crematorium can scatter the ashes in a funeral garden (dedicated space in the cemetery of the municipality of the place of death) or at the nearest cinerary site.
| During your lifetime, inform your relatives your wishes regarding the fate of the ashes: whether you want them to be kept or scattered in a specific place. This will save them any uncertainty. |
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The urn containing the ashes can be buried (placed underground) within a cemetery or a cinerary site. A cinerary site is a space intended for the deposit of cinerary urns and the dispersion of the ashes of the deceased. Only municipalities with more than 2,000 inhabitants are required to have at least one cinerary site, can we read in official law. Within a cemetery or a cinerary site, the ashes can have the following destinations:
► Burial of the urn in an existing burial or in a new plot (in the ground, in a cave or in a specific vault (family vault…))
► Deposit of the urn in a columbarium (cinerary monument where the urns containing the ashes of the deceased are placed in boxes)
► Sealing of the ballot box on a funerary monument. This mode of burial consists of fixing the urn on an existing slab or plate or one to be created. It is also possible to seal the urn on a cinerary monument. The sealed ballot box must be designed with a material capable of withstanding bad weather and shocks.
► Dispersion of the ashes in a space provided for this purpose (“remembrance garden“)
► Burial of the urn in the common ground in an unconcessionary location for at least 5 years at least, renewable from 5 to 5 years. Thus, every 5 years, the municipality has the right to take over the location without any obligation to notify the families. It can also be converted into a concession and become payable.
Can the ashes be kept on private property?
The urn containing the ashes can be placed in a grave located on private property. In practice, burying an urn on private property is authorized exceptionally. “Burial on private property is more and more rare and she is still subject to an authorization from the prefect of the department where is this property located“, confirms Lambert Ravasi. This authorization is issued under certain conditions, linked in particular to the geographical location of the property (distance from other dwellings, etc.), sanitary conditions and the composition of the soil.
Can we keep the ashes at home?
No. There law of December 19, 2008 It is forbidden to keep the ashes of a deceased at home. These must be kept or dispersed in a suitable place, such as a cemetery. You also cannot build a monument dedicated to the urn in your garden since its place should be in a cemetery.
Can we scatter the ashes of a deceased in the forest?
Yes, provided that the forest belongs to a private person. Dispersal over a large area (field, meadow, forest, etc.) accessible to the public but belonging to a private person is possible. However, it is necessary the prior consent of the owner of the land. On the other hand, you cannot scatter the ashes in a public forest. To scatter ashes in the forest, a declaration to the town hall of the place of birth of the deceased is mandatory. A register indicates the identity of the deceased, the date and the place of dispersion of the ashes.
Can we throw the ashes in the middle of nature?
The scattering of ashes is prohibited on the public highway or in a public place (stadium, square, public garden, etc.).
Yes, except in public areas. The scattering of the ashes in a large expanse of nature, such as a forest, a meadow or a field belonging to a private person is possible, but you need his consent. It is also mandatory to do statement to town hall of the place of birth of the deceased. On the other hand, the scattering of the ashes is prohibited on the public highway or in a public place (stadium, square, public garden, etc.).
Can an urn be buried or the ashes thrown into the sea?
Yes, the immersion of the urn is allowed on the high seasprovided that the urn is made of biodegradable material (salt, cardboard or clay urn, for example), at a minimum distance of 3 nautical miles (i.e. approximately 6 kilometres) from the coast and out of marked sea lanes (port , access channel, culture park). The scattering of ashes (therefore without an urn) is also possible 300 meters from the coastindicate the law of 2/01/1986 and thearticle L.2213-23 of the general code of local authorities (CGCT). On the other hand, the scattering of the ashes is prohibited in a freshwater course (river, river, stream), considered as public spaces.
► If you have your own boat, it is possible to carry out the scattering of the ashes at sea yourself. To do this, you will need:
- Complete a declaration at the town hall of the municipality of the place of birth of the deceased, specifying the date and place of the dispersion
- Declare the dispersion to the town hall of the municipality of the boat’s home port
- Respect the different distance obligations (dispersion or immersion) and the biodegradable nature of the ballot box.
► Specialist funeral companies also offer this type of service and accompany you for the administrative and logistical procedures as well as for the organization of the ceremony.
► “The SNSM (Sea Rescuers) is also authorized to scatter ashes at sea and the conditions are strict. Rescue stations carry out this mission at the request of families and they must contact the rescue station closest to their home, explains Claire Berthelot of SNSM Media Relations. For example, in 2020, more than 1,400 ash dispersions were carried out by the SNSM“
What is the cost of an ash burial?
The cost depends on the place of burial (price for information only and varies according to the place). On average :
► For a burial in a cemetery: it is necessary to count between 300 and 1,000 euros for the costs of opening and closing the funerary monument. Added to this is a burial tax ranging from 30 to 60 euros.
► For a columbarium space: it is necessary to count between 250 and 500 euros for a period of 10 years and between 500 and 2,000 euros for a period of 30 years.
► For a sealing on a funerary monument: it takes about 50 euros and installation costs that vary according to the marble worker.
► For an immersion of the urn at sea: it takes about 300 euros for a dispersion To 400 euros for an immersion (in addition to the cost of the urn, which can range from 50 to 300 or even 400 euros depending on the material chosen). “IThere is no “tariff” strictly speaking for the scattering of ashes carried out by the SNSM, but it is customary for the family of the deceased make a donation to the SNSM, which performs the dispersion gracefully. This makes it possible to meet the station’s needs, among other things: fuel for the boat, maintenance, training of rescuers…”explains Claire Berthelot.
Thanks to Lambert Ravasi, specialist in funeral directors and Claire Berthelot from the SNSM. Sources: Public Service Sheet on Incineration / General code of local and regional authoritiesLegifrance / SNSM: Can the ashes of a deceased be scattered at sea?