Legal guide on French regulations on ashes and funeral urns

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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.

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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).

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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.

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4. Transport of urns

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

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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.

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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.

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

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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 constitutes an exhumation (mayor’s authorisation required).

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8. Sealing of urns

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

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9. Scattering at sea or by air

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

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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).

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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.

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12. Obligations of municipalities

Municipalities > 2,000 inhabitants must provide:

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

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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.

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Final 10-point summary

• Ashes have the same status as a body.
• One urn per deceased.
• Biodegradable urns authorised.
• Biodegradable urn buried 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).

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Frequently asked questions

Can I keep a funeral urn at home in France?
No. Since the law of 19 December 2008, keeping an urn at home is prohibited. The ashes must be placed in a cemetery, a columbarium, sealed on a funeral monument, or scattered in an authorised location.

Is a biodegradable urn legal in France?
Yes. French law places no restriction on the materials used for funeral urns. Biodegradable urns are fully authorised. When buried in the ground, they are legally considered as scattering of ashes, not as a burial.

Where can ashes be scattered in France?
Ashes may be scattered in a memorial garden (mandatory in municipalities with more than 2,000 inhabitants), at sea, or in natural areas outside public roads — such as forests, meadows, or private land with the owner’s permission. Scattering must be declared to the town hall of the deceased’s birthplace.

Do I need authorisation to bury a biodegradable urn on private land in France?
No prefectural authorisation is required. Burying a biodegradable urn in natural private land is legally treated as scattering, not as an official burial. The land does not become inalienable, and no funeral status is created. The owner’s permission is required.

Can a Tree Urn be used in a cemetery in France?
No. Cemeteries do not permit tree planting. Since Tree Urn is a biodegradable urn designed to grow a tree, it cannot be used in a cemetery. It is intended for natural areas or natural private land.

Can ashes be divided between several urns in France?
No. French law strictly prohibits the division of ashes. All ashes must be placed in a single urn. It is also forbidden to place the ashes of two different people in the same urn.