After cremation (or cremation), the ashes of a deceased person are collected in an urn.
When a person dies, they can be cremated, in other words burned and reduced to ashes. This is called the cremation or cremation. How does the burial of an urn take place? Can we keep ashes at home? Put them on private property? Can we scatter ashes in the sea? The forest? Here are all the legal possibilities and explanations from our experts.
What is burial of ashes?
Burial refers to the burial or burial of a deceased person, whether their body or their 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 urn which contains the ashes of a deceased person can be buried and placed underground in the same way as a coffin. “The burial of an urn consists of place the urn undergroundin a columbarium, or in the sea, and to create 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 cremation (also called cremation), the ashes of a deceased person are collected in an urn provided with a plaque indicating the identity of the deceased and the name of the crematorium. For a maximum period of one year, the urn can be kept in a crematorium (or a place of worship under certain conditions and with agreement). During this period, the relatives must decide what will become of the ashes (unless the deceased had previously indicated their wishes) and can choose from several options:
- Burial of the urn in a cemetery (concession, vault, etc.) or cinerary site
- Burial of the urn on private property
- Free burial in the common cemetery grounds.
- Scattering of ashes in nature
Relatives therefore have one year to decide what happens to the ashes. After this period, 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 cremation site.
| During your lifetime, inform your loved ones your wishes regarding the fate of the ashes: if you want them to be kept or scattered in a specific location. This will avoid any uncertainty for them. |
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The urn containing the ashes can be buried (put underground) in a cemetery or cinerary site. A cremation site is a space intended for the deposit of cremation urns and the scattering of the ashes of the deceased. Only municipalities with more than 2,000 inhabitants are required to have at least one cinerary site, we can read in the official law. Within a cemetery or cinerary site, the ashes can have the following destinations:
► Burial of the urn in an existing grave or in a new concession (in the ground, in a cave or in a specific vault (family vault, etc.))
► Depositing the urn in a columbarium (crenerial monument where urns containing the ashes of the deceased are placed in boxes)
► Sealing of the urn on a funerary monument. This method of burial consists of fixing the urn on an existing slab or plaque or one to be created. It is also possible to seal the urn on a cremation monument. The sealed urn must be designed with a material capable of resisting bad weather and shocks.
► Scattering of ashes in a space set up for this purpose (“memorial garden”)
► Burial of the urn in municipal land in an unlicensed location for at least 5 years, renewable every 5 years. Thus, every 5 years, the municipality has the right to take back the location without obligation to notify the families. It can also be converted into a concession and become chargeable.
Can 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 in exceptional circumstances. “Burial in private property is increasingly rare and is always subject to authorization from the prefect of the department where this property is located.“, confirms Lambert Ravasi. This authorization is issued under certain conditions, linked in particular to the geographical location of the property (distance from other homes, etc.), sanitary conditions and the composition of the soil.
Can we keep ashes at home?
No. The law of December 19, 2008 prohibits keeping the ashes of a deceased person at home. These must be kept or scattered in an appropriate 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 person 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, prior agreement from the owner of the land is required. On the other hand, ashes cannot be scattered in a public forest. To scatter ashes in the forest, a declaration to the town hall of the deceased’s place of birth is mandatory. A register indicates the identity of the deceased, the date and place of scattering of the ashes.
Can we throw ashes into nature?
The scattering of ashes is prohibited on public roads or in a public place (stadium, square, public garden, etc.).
Yes, except in public spaces. The scattering of ashes in a large expanse of nature, such as a forest, a meadow or a field belonging to a private person is possible, but their consent is required. It is also necessary to make a declaration to the town hall of the deceased’s place of birth. However, the scattering of ashes is prohibited on public roads or in a public place (stadium, square, public garden, etc.).
Can we bury an urn or throw the ashes into the sea?
Yes, the immersion of the urn is authorized in the open sea, provided that the urn is made of biodegradable material (urn made of salt, cardboard or clay for example), at a minimum distance of 3 nautical miles (i.e. approximately 6 kilometers) from the coast and outside marked maritime routes (port, access channel, culture park). The scattering of ashes (without an urn therefore) is also possible 300 meters from the coast, indicate the law of 01/2/1986 and article L.2213-23 of the general code of local authorities (CGCT). On the other hand, the scattering of ashes is prohibited in a fresh watercourse (river, stream, stream), then considered to be public spaces.
► If you have your own boat, it is possible to scatter the ashes at sea yourself. To do this, you will need:
- Complete a declaration at the town hall of the municipality of the deceased’s place of birth, 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 various distance obligations (dispersal or immersion) and the biodegradable nature of the urn.
► Specialized funeral directors also offer this type of service and support you with administrative and logistical procedures as well as the organization of the ceremony.
► “The SNSM (Les Sauveteurs en Mer) 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 from SNSM Media Relations. For example, in 2020, more than 1,400 ash scatterings were carried out by the SNSM“
How much does a burial of ashes cost?
The cost depends on the place of burial (prices are indicative and vary depending on the location). On average:
► For a burial in a cemetery: you need 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 hut: between 500 and 2,000 euros for a period of 30 years.
► For a seal on a funerary monument: it costs around 50 euros and installation costs which vary depending on the marble worker.
► For immersion of the urn at sea: it costs around 300 euros for dispersal to 400 euros for 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 “price” strictly speaking for the scattering of ashes made by the SNSM, but it is customary for the family of the deceased to make a donation to the SNSM, which carries out the scattering free of charge. This makes it possible to meet, among other things, the needs of the station: fuel for the boat, maintenance, training of lifeguards…”explains Claire Berthelot.
Thanks to Lambert Ravasi, funeral specialist and Claire Berthelot of the SNSM. Sources: Public Service Sheet on Cremation / General Code of Local Authorities, Legifrance / SNSM: Can the ashes of a deceased person be scattered at sea?
