Who Can Be Buried in a Churchyard? UK Burial Rights Explained

The Church of England is unique in that members of the congregation have a legal right to be buried in their parish churchyard.

Who qualifies as a parishioner

You're a parishioner if:

• You're on the electoral roll of the church (you've formally joined)
• You've habitually worshipped at the church (regular attendance, even without formal membership)
• You've been resident in the parish for some time
• You're related to someone buried in the churchyard (you might inherit burial rights)

The exact definition varies by church. Some are strict about electoral roll membership; others recognise regular worship.

Your burial right

If you qualify as a parishioner:

• You have a legal right to be buried in the churchyard
• The church cannot refuse you a burial
• The only exceptions are if there's no physical space or if the death was by suicide (historically; this is becoming less relevant)
• The cost is modest (typically £200 to £400 for a burial plot, plus funeral director costs)

This is a genuine legal right, not a request the church can refuse.

Non-parishioners in Church of England churchyards

If you're not a parishioner but wish to be buried in a specific churchyard:

• You need permission from the vicar and the church's burial committee
• Permission is not automatic
• Many churches grant permission for relatives, former residents, or regular visitors
• Some churches are stricter and only allow parishioners

Contact the vicar to ask. Be prepared to explain your connection to the church or parish.

Not all churchyards accept new burials.

Closed churchyards

Many churchyards are "closed" for new burials. This means:

• They're full or near capacity
• New burials are not permitted (except in exceptional circumstances)
• Existing graves can still be maintained
• You cannot choose a closed churchyard for a new burial

If you want to be buried in a closed churchyard, you need special permission from the local authority (usually the diocese, in consultation with the local council). Permission is rare.

Open churchyards

Open churchyards accept new burials. They have space and operate normally. Most churchyards are open.

Check whether the churchyard is open by contacting the vicar directly.

If you're buried in a Church of England churchyard, there are restrictions on what you can do with the grave.

The faculty

Major changes to a churchyard (new graves, new monuments, tree planting) require a "faculty". This is formal permission from the church authorities.

In practice:

• The funeral director usually arranges the faculty
• Routine burials don't require a faculty; they're already approved
• Unusual arrangements might need one

You don't need to think about this; the funeral director handles it.

Headstone and monument restrictions

Churchyards have rules about headstones:

• They must be traditional stone or similar approved material
• They must be of a certain size and style
• Modern materials (metal, plastic) are usually not permitted
• Themed graves or unusual decorations are restricted

The rules exist to maintain the churchyard's appearance and historical character.

Before ordering a headstone, check with the church what's permitted. The funeral director can advise on this.

Council-run cemeteries (also called municipal cemeteries) are different from churchyards. They're owned and operated by the local council.

Key differences:

• Open to everyone: No religious test. You don't need to be a member of anything.
• No exclusions: Anyone can be buried (regardless of religion, background, beliefs)
• More flexible: Rules on monuments and headstones are often more relaxed than in churchyards
• Larger capacity: Usually larger than churchyards, so they're rarely closed
• Cost: Similar to churchyards, typically £200 to £400 for a burial plot

Council cemeteries are a good option if:

• You're not religious or don't belong to a church
• You want flexibility on headstones or memorials
• You want to be near where you live

Contact your local council to find cemeteries in your area.

This confuses many people. When you "buy" a burial plot in a churchyard or cemetery, what do you actually own?

Exclusive rights for 100 years

You don't own the land. You buy "exclusive rights of burial" for a fixed period, usually 100 years.

What this means:

• You have the right to be buried in that plot
• No one else can be buried there without your permission (or your family's, after you)
• The plot is "yours" for 100 years
• After 100 years, rights might revert to the church or council

Practically, this is the same as owning a plot. The 100-year term is so long that it's rarely relevant.

Costs

Burial plot costs vary by location:

This is the cost of the burial right. The funeral director's costs are separate (usually £2,000 to £5,000 for a simple burial). For a full breakdown of what funerals cost, see our guide to funeral costs in the UK.

What you can do with a plot

If you purchase a plot but don't use it immediately (or ever):

• You can sell it to someone else
• You can transfer it to a family member
• You can let it pass through your will
• You can request it be used by whoever you name

This is unusual but possible. Some people purchase plots in advance for peace of mind.

In some churchyards and cemeteries, graves are dug deep enough to hold two coffins stacked on top of each other.

How it works

• The first person is buried at the bottom
• The grave is sealed
• Years later, the grave is reopened and another person is buried on top

Costs

A double-depth grave typically costs slightly more than a single grave (maybe £300 to £500 instead of £200 to £400).

Practicalities

• The grave must be deep enough (not all churchyards or cemeteries can do this)
• The top coffin must be able to rest on the lower one safely
• After the grave is reopened, the bottom coffin is disturbed (unavoidable)
• Some people object to this for religious or personal reasons

Ask the churchyard or cemetery whether double-depth burials are available.

If you want to be buried in a grave where a family member is already buried:

• The grave must be reopened
• The existing casket is disturbed
• Health and safety rules apply (the remains must be safe to handle)
• Permission from the church or cemetery is needed
• Usually only possible if at least 100 years has passed since the original burial

This is uncommon but possible, particularly for husbands and wives or parents and children.

Natural or woodland burial grounds are alternatives to traditional churchyards and cemeteries.

What they are

Natural burial grounds are cemeteries designed with environmental sustainability in mind. They:

• Are usually on woodland or open land
• Permit biodegradable coffins (wicker, cardboard, wood)
• Don't use concrete vaults or traditional monuments
• Plant trees or wildflowers in place of traditional headstones
• Often allow family involvement in burial

Who can be buried there

Natural burial grounds typically have no religious restrictions. Anyone can be buried there.

Costs

The higher cost reflects the land value and environmental management.

Finding a natural burial ground

Search online for "natural burial" or "woodland burial" plus your location. The Association of Natural Burial Grounds has a directory.

Green burial options

There are variations on natural burial:

• Woodland burial: Burial in actual woodland, with trees planted as memorials
• Meadow burial: Burial in meadowland, with wildflowers as memorials
• Green funeral: Using environmentally friendly methods (recycled coffins, no embalming) in a traditional cemetery

These are increasingly popular for people concerned about environmental impact. Scotland has also recently legalised water cremation as an alternative to flame cremation.

If the deceased is cremated, you have ashes to scatter. The rules differ from burial.

Where you can scatter ashes

• Crematorium gardens: Most crematoria have designated gardens. Scattering there is usually free or low cost.
• Churchyards: Some allow scattering; ask the vicar. Permission is usually needed.
• Council cemeteries: Usually have ash scattering areas. Cost is modest.
• Natural burial grounds: Often encourage ash scattering with trees planted as memorials
• Private land: You can scatter ashes on private land if the owner allows
• At sea: You can scatter ashes at sea, but the location and method are restricted
• Public land: You need permission from the local authority

Sea burial

Scattering ashes at sea requires:

• Ashes to be in a biodegradable container
• Specific locations allowed (usually several miles offshore)
• Permission from the Maritime and Coastguard Agency
• Ideally a boat operator who knows the rules

Sea burial costs £500 to £2,000, depending on location and boat.

Restrictions

You cannot:

• Scatter ashes in public places without permission
• Scatter ashes on someone else's property without permission
• Scatter ashes from a plane or helicopter (generally prohibited)
• Scatter ashes where they'll cause a nuisance

Always get permission if you're not absolutely sure.

In England and Wales, you can bury a body on private land (your garden, for example) under certain conditions.

The conditions

• You own or have permission from the owner
• You have permission from the local council
• The land has proper drainage and is suitable
• The grave is dug properly and safely
• The death was registered with the local register office

This is legal but uncommon. Most people don't consider it because:

• Planning permission is often required
• Neighbours might object
• It complicates selling the property
• It's unusual and might not be accepted socially

If you're considering this, consult the local council environmental health department first.

Different religions have specific burial practices.

Muslim burial

Muslims have specific requirements:

• Burial must be in a Muslim cemetery or a section of a council cemetery designated for Muslims
• Burial must be within 3 days of death
• The body faces Mecca
• No embalming
• No coffin (body is wrapped in a shroud)
• No headstone (or specific style of headstone)

Most council cemeteries have Muslim burial sections. Contact the cemetery to arrange.

Jewish burial

Jewish burials have requirements:

• Burial in a Jewish cemetery, usually within 24 hours
• The body is placed in a simple wooden coffin
• No embalming (Orthodox Judaism)
• Specific prayers and rituals
• Grave is marked with a simple headstone

Most areas have Jewish cemeteries. Contact the local synagogue or Jewish burial society for arrangement.

Other religions

Other religions have specific practices:

• Sikh: Cremation is standard; burial is rare
• Hindu: Cremation is standard
• Christian (non-Church of England): Often accommodated in council cemeteries; check with the specific church
• Buddhist: Cremation or burial, depending on tradition

Contact your religious organisation for guidance on burial arrangements.

Some churchyards and cemeteries have designated areas for children's burials.

• These might be smaller grave plots
• Sometimes no burial fee is charged for children
• The area is often maintained more carefully

Ask whether a children's area exists if you're arranging a child's burial.

Service personnel killed in military action are usually buried in Commonwealth War Graves Commission cemeteries or in dedicated war grave areas.

If a family member died in military service:

• Contact the Commonwealth War Graves Commission
• They maintain war graves and can provide information on location
• Visiting graves overseas is often possible with their help

Churchyards can refuse you if you're not a parishioner. If you want to be buried in a specific churchyard because it's beautiful or near your home, but you're not a parishioner, the church might refuse. Some are flexible; others aren't. Ask early.

Grave maintenance can be expensive. The burial plot is yours for 100 years, but maintaining the headstone and grave is your responsibility. If you can't maintain it, the cemetery might remove the memorial. Budget for occasional maintenance.

Headstone replacement is expensive. If the original headstone is damaged or illegible after 20 or 30 years, replacing it costs £1,000 to £5,000. Consider this when choosing a grave location.

Re-opening graves is upsetting. If you choose a double-depth grave to be buried above a family member, the grave is reopened and the lower casket is disturbed. Some families find this upsetting. Think about it carefully.

Natural burial might not be right for you. Natural burial grounds have an environmental ethos. If you're unsure about this, visit the location first. Some people love the concept; others find it unsettling.

You can't guarantee family together. If you want to be buried near family, purchase the plot next to them, or arrange double-depth burial. Otherwise, space might not be available when you die.

Churchyards are not always open to the public. Some historical churchyards are not accessible to the public. Check whether the churchyard you choose can be visited by family members.

Once you've decided where you want to be buried:

1. Contact the churchyard, cemetery, or burial ground
2. Ask about costs and requirements
3. Consider purchasing a plot in advance if you're certain
4. Discuss with your family and include in your will

For help with funeral arrangements:

• Guide to arranging a funeral
• Understanding funeral costs

Thinking about death and burial can be emotionally difficult. Please reach out if needed:

• Samaritans: 116 123 (24 hours, free)
• Cruse Bereavement Care: 0808 808 1677 (Monday to Friday 09:30-17:00)
• Mind: 0300 123 3393 (Monday to Friday 09:00-18:00)