What are our rights in terms of burial? Can you be buried in the middle of nature or in your garden? Can I keep an urn at home? Details from Sarah Giband, public law expert within the SVP group.
franceinfo: Can we be buried outside a cemetery? In a garden, in nature? If so, are there any conditions to be met, authorizations to be requested, from whom, etc.?
Sarah Giband: Yes, it is quite possible to be buried outside a cemetery, but not anywhere: the texts prohibit being buried in a place of worship. But you can ask to be buried in a garden, if this land is located outside an urban area. It must be authorized by the prefect who will seek the advice of a hydrogeologist.
Do I necessarily have the right to a place in the cemetery of my municipality?
Yes, you have the right to be buried in the cemetery of the municipality in which you reside. The texts list four categories of people who are entitled to a burial, including residents of the municipality, even though they would have died elsewhere.
What if I want to be buried in another municipality in which I have ties?
In theory, you are free to ask to be buried in the municipality you want, but the burial is subject to the authorization of the mayor, and the mayor can refuse, in particular for reasons of lack of space. However, the mayor will not be able to oppose it, if you can justify a right to a family burial.
Do we have the right to spread funeral ashes wherever we want?
Yes. There are four possibilities. The ashes are themselves buried or placed in a columbarium. They can be scattered around a garden of remembrance. They can be buried in a garden, with the permission of the prefect. Or scattered in the middle of nature, a field, a clearing, an undeveloped watercourse or in the open sea. However, since 2008, it is no longer possible to keep an urn at home.