Legal guide on French regulations on ashes and funeral urns

• Law of 19 December 2008 on the legal status of ashes
• Article L. 2223-18-2 of the French Code of Local Authorities (CGCT)
• Legal obligations of municipalities regarding cremation sites
• French rules on the conservation, transport and scattering of ashes
• Legal status of ashes and funeral urns
• Ban on keeping urns at home (post-2008)
• Legal framework for burial on private land
• Fully unrestricted framework for animal urns
• Specific legal regime for biodegradable urns assimilated to scattering
• Recommendations guide
• Guide to Funeral Operations and Funerals 2025

1. Legal status of ashes

Since the law of 19 December 2008, ashes resulting from cremation have the same legal status as a buried human body. They must be treated with respect, dignity and decency (French Civil Code, art. 16-1-1).

• Ban on keeping an urn at home.
• Ban on dividing ashes.
• Impossible to place two deceased persons in the same urn.

2. Definition and characteristics of the funeral urn

The urn is a closed container holding all the ashes, bearing a plaque with the identity of the deceased and the name of the crematorium.

• No mandatory materials: full freedom (including biodegradable materials).
• Recommendation: avoid polluting materials.
• Recommended volume: minimum 3.5 L.
• The urn must remain openable (no permanent sealing).

3. Conservation of urns

• Home conservation: prohibited for deaths occurring after 2008.
• Temporary conservation (max. 1 year): at the crematorium or in a place of worship.
• Funeral operators cannot store urns.
• After one year with no decision by the family, the municipality proceeds with scattering in the memorial garden.

4. Transport of urns

• Within France: free transport, no funeral vehicle required.
• Abroad: prefectural authorisation required.
• Postal shipment: strongly discouraged.

5. Destination of ashes (Article L. 2223-18-2 of the CGCT)

A) Conservation in the urn

• Burial in a grave or vault.
• Placement in a columbarium.
• Sealing on a funeral monument.
• All these operations require the mayor’s authorisation.

B) Scattering

• In a memorial garden (mandatory in municipalities > 2,000 inhabitants).
• In nature, outside public roads:
  • forests, meadows, clearings, private land (with owner’s permission),
  • at sea (biodegradable/soluble urn recommended).
• Mandatory declaration to the town hall of the deceased’s birthplace.

6. Biodegradable urns: specific legal framework

According to the official ministerial guide (Ministry Recommendations Guide, p.12):

“The burial of a biodegradable urn in the ground is considered as scattering of ashes.”

• Burial in the ground = scattering, not burial.
• No funeral status.
• No mayoral authorisation.
• No land inalienability.
• Use only in natural areas or natural private land.
• Also used for scattering/immersion at sea.

➡️ This is exactly the logic of Tree Urn: the urn decomposes and releases the ashes → legally considered as scattering.

See our article: French Legal Framework for Tree Urn

Note: Cemeteries do not allow tree planting. Biodegradable urns intended to grow a tree (like Tree Urn) therefore cannot be used in cemeteries.

7. Burial of urns in cemeteries

Strictly reserved for non-biodegradable urns intended for long-term conservation:

• vaults,
• cavurns,
• common ground,
• family graves,
• void spaces in vaults.

Any removal of an urn = exhumation (mayor’s authorisation required).

8. Sealing of urns

Authorised on a funeral monument, and performed only by an authorised funeral operator.

9. Scattering at sea or by air

• At sea: authorised, biodegradable urn recommended.
• By aircraft: authorised over natural areas.
• Stratospheric balloons: practically prohibited.

10. Urns and private land: two distinct regimes

1. Classic urns (non-biodegradable)

• Constitute an official burial.
• Burial on private land only with prefectural authorisation (exceptional, generally refused).
• The land becomes inalienable.

2. Biodegradable urns (including Tree Urn)

• Intended for scattering, not conservation.
• Burial in the ground = legal scattering.
• No prefectural authorisation.
• No funeral status.
• Possible only in natural areas or natural private land (with owner’s permission).

11. Urns and animals

There is no legislation governing animal urns:

• free home conservation,
• free burial on private land,
• free scattering (outside protected areas),
• tree planting freely permitted.

12. Obligations of municipalities

Municipalities > 2,000 inhabitants must provide:

• a cremation site,
• a memorial garden,
• a columbarium or spaces for urns.

Tree Urn – Specific Summary

• Biodegradable urn fully authorised.
• Burial in the ground = legal scattering.
• Compatible only with natural areas or natural private land.
• Not intended for cemeteries or cremation sites.
• One urn per deceased, fully compliant with the law.
• Natural material (cork) fully accepted.

Final 10-point summary

• Ashes have the same status as a body.
• One urn per deceased.
• Biodegradable urns authorised.
• Biodegradable urn burry in the ground = scattering.
• Home conservation prohibited.
• Free transport within France.
• Prefectural authorisation required for abroad.
• Classic urns: burial in cemeteries possible.
• Scattering: memorial garden, sea, natural areas.
• Natural private land: authorised (with owner’s permission).