Burial, more commonly called burial, is regulated by law and more particularly by the General Code of Territorial Communities. It cannot take place anywhere. As a general rule, it is indeed the mayor of the municipality chosen for the burial who has the power to authorize it or not on its territory. Burial on private land is also possible, but under certain conditions.
The law stipulates that a deceased may be buried by right in the cemetery of the municipality where he resided, where he died or where the family vault is located. If the deceased person was French but established outside France, his burial may take place in the town where he was registered on the electoral list even if he does not have a family grave there. If the entourage wishes to bury their loved one outside the municipalities provided for in fact by the legislation, a request must be addressed to the mayor of the city envisaged. However, the latter has the right to refuse it if there are no places available in the communal cemetery or if this burial involves risks of disturbing public order.
According to the General Code of Territorial Collectivities "no burial may take place in churches, temples, synagogues, hospitals, public chapels, and generally in any of the closed and closed buildings where citizens meet for the celebration of their worship, nor in the enclosure of towns and villages. The law also stipulates that a mayor may authorize, as a public tribute, the construction of funerary monuments within the confines of a hospital in his municipality for the founders and benefactors of the establishment, when they have so expressed desire in their acts of donation, foundation or last will.
Note:in the Paris region, it is the mayors of the arrondissements where the closing of the coffin took place who issue the authorization for burial in a cemetery, even if the one chosen is located outside Paris.
Burial on private land remains an exceptional case very regulated by law. It is the regional prefect who is authorized to authorize or not the burial in a private property. Precise rules must be respected:if the owner of the land is not the deceased, his agreement must already be obtained. Then, the General Code of Territorial Collectivities specifies that the burial must not take place in a private property located in an agglomeration, a city or a town and less than 35 meters away from the first neighbors. Then, it is necessary to call on a hydrogeologist approved by the Regional Health Agency who checks if the place chosen is far from any water table and if the ground is reliable enough to prevent the body from sliding out of the grave, when it it is not about the burial of a funeral urn. In all cases, the funerary monument erected on private land must comply with the regulations governing burials in communal cemeteries.
Burial on private land must comply with other obligations:under the Penal Code, it must not be possible to move or destroy the grave. In the event of a change of owner of the land where the burial took place, the latter must continue to maintain the grave and avoid any damage to it. On the other hand, the heirs of the deceased benefit from perpetual access to the tomb to collect their thoughts. The new owner therefore has the obligation to leave them a right of way on his property. The family has the possibility of recovering the body of the deceased buried in a private property provided that it provides him with a decent burial as defined in the General Code of Territorial Collectivities.
