The Church of England and Scattering Ashes: Religion vs Land Ownership
The Church of England occupies a slightly unusual position when it comes to cremated remains. It is both the established church of England and one of the country’s largest landowners.
These two roles are often blurred together — but they are not the same, and they lead to different rules and expectations.
Understanding the distinction can help avoid a great deal of confusion.
1. The Church of England’s religious position (Canon Law)
From a religious and doctrinal perspective, the Church of England’s approach to cremated remains is governed by Canon Law, specifically Canon B 38.4(b).
When asked directly, the Church of England explained its position as follows:
“The ashes of a cremated body should be reverently disposed of by a minister in a churchyard or other burial ground … or on an area of land designated by the bishop for the purpose … or at sea.”
What this means theologically
Under Church law:
The ordinary and preferred method of disposal is burial of ashes
Burial should take place in a churchyard or burial ground
Scattering is only permitted where a bishop has formally designated land for that purpose
Ashes may also be committed at sea
Importantly, this is not about ownership of land — it is about how the Church believes human remains should be treated.
Without episcopal designation, scattering ashes on church land is not permitted, even if a local priest is sympathetic.
2. The Church of England as a landowner
Separately from its religious doctrine, the Church of England also acts as a landowner and site manager. This includes:
Churchyards (open and closed)
Glebe land
Land held by diocesan boards of finance
Property held in trust or partnership arrangements
As a landowner, the Church:
Must comply with planning law, environmental law and local authority controls
Has duties around maintenance, access and long-term stewardship
Often manages land that is publicly accessible
However — and this is the key point — land ownership does not override Canon Law.
Even where the Church owns land, that land cannot automatically be used for scattering ashes unless:
It complies with Canon Law, and
The land has been designated by the bishop for that purpose
There is no central register of such designated land.
As the Church of England itself confirmed:
“We are not in a position to say what land has been so designated. Individual diocesan registries may be able to assist with such information.”
Why this causes confusion for families
Families often assume:
“The Church owns the land, so permission should be simple”
Or that agreement from a local vicar is enough
In reality:
A vicar cannot override Canon Law
A diocese may permit burial but not scattering
Two churchyards in neighbouring parishes may have very different rules
This explains why families sometimes receive conflicting answers — even within the same diocese.
Practical guidance if a church setting matters to you
If you are considering a Church of England location:
Ask whether burial of ashes is possible (this is usually the default)
If scattering is important, ask whether the land is formally designated by the bishop
Contact the diocesan registry, not just the parish priest
Be aware that sea committal is explicitly permitted under Canon Law
A final word
The Church of England’s approach is rooted in theology rather than bureaucracy. While that can feel restrictive to some families, it does offer clarity once the distinction is understood.
The key takeaway is simple:
The Church’s beliefs govern what may be done — land ownership does not override them.
PPS
This is how I read it if you are an expert in this area and disagree we would love to know so we can inform others…


Our churchyard is desperately running out of space and as someone who loves nature, I would love my ashes to be free in our beautiful graveyard. We have a very old, overgrown area, that would be ideal for a remembrance garden. Any idea how we’d get the Bishop to designate land for this purpose? It would save room in the church yard, encourage more people to use the Church’s services (as they’d scatter the ashes during a formal service) and give more people in the village the chance the be laid to rest where loved ones can visit.
Hi Jo
That is a lovely idea, presumably you have the vicar onboard? There is a strong argument as you suggest and now you can use the living memorial soil so that the cumulative impact of the ashes won’t impact the soil.
I would start a little petition if that is not seen as too adversarial.
Kind regards
Richard
Bless!