Burying a pet in your garden: what the law says

Disclaimer: This article provides general information only. Rules can change and vary by municipality. For your specific situation, check with your local authority or a legal professional. This is not legal advice.

Burying a pet in your own garden is a common practice and, in most cases, entirely legal — as long as specific rules are followed. Those rules differ between France, Belgium and the Netherlands, and can vary further at a regional or municipal level. Here is what you need to know in each country.

France: the rules in force

In France, burying a pet on private property is permitted under the Rural Code, subject to the following conditions:

Weight limit: The animal must weigh less than 40 kilograms. For larger animals — many large dogs, for example — cremation or burial in an approved pet cemetery is legally required.

Burial depth: The top of the body must be at least 1.2 metres below the ground surface. This depth prevents the body from being disturbed by erosion or scavenging animals and limits public health risks.

Distance from water sources: The burial site must be at least 35 metres away from any well, spring, watercourse, ditch or drinking water point. This distance protects groundwater and surface water from contamination during decomposition.

Biodegradable materials only: The body must be wrapped in a biodegradable material — cotton, linen, natural wool or untreated paper. Plastic bags, synthetic wrapping and non-degradable containers are prohibited.

You must own the land: These rules apply to your own property. A rented garden or shared outdoor space does not qualify without explicit agreement from the landowner.

Belgium: similarities and regional variations

Belgium does not have a single national framework governing pet burial. The relevant rules fall under regional and sometimes municipal competence.

In Wallonia, the conditions are broadly similar to those in France: adequate depth, distance from inhabited areas and water sources, and biodegradable materials. Municipal by-laws may impose additional conditions or restrict burial in certain areas — water protection zones, for example. It is worth checking with your local authority.

In Flanders, comparable rules apply, with particular attention to groundwater protection. Some Flemish municipalities have specified applicable conditions through local regulations.

In the Brussels-Capital Region, the limited number of private gardens and the urban density make home burial less common, but the same basic principles apply regarding biodegradability and safety distances.

In all cases, contact your municipality before acting if you have any doubt. Local rules can be more restrictive than the general framework.

Netherlands: generally permitted

In the Netherlands, burying a pet in your own garden is generally allowed. The basic rules are comparable to those in neighbouring countries:

• The animal must be buried on your own property.
• A depth of at least 1 metre is recommended; some municipalities require more.
• Biodegradable materials only — no plastic.
• Adequate distance from groundwater and surface water is expected.

Municipal restrictions vary. In areas with a high water table — common in the Netherlands — local authorities may impose stricter conditions or prohibit home burial altogether. Check with your gemeente (municipality) if you are unsure.

What not to do

Whatever the applicable rules, some mistakes are worth explicitly calling out:

Never use plastic. A plastic bag slows decomposition, can release toxins into the soil, and persists for decades. Natural biodegradable materials are the only acceptable option.

Do not bury in a rented garden or on shared property. Without owning the land, you have no right to carry out this type of burial. In a shared property or apartment building, the general assembly of co-owners would need to give approval — something that almost never happens in practice.

Do not bury near a well or drinking water source. Minimum distances are not guidelines; they exist for a genuine public health reason. Contaminating a water source can have serious consequences.

Do not bury too shallow. A poorly covered body can be disturbed by wildlife or pushed back to the surface after heavy rain. The minimum depth is the basic rule — don't cut corners on it.

When home burial is not possible

Several situations can make home burial impossible or unsuitable: living in an apartment, an overweight animal, rented land, or local restrictions.

In these cases, the two main alternatives are:

Cremation. Individual cremation allows you to receive your pet's ashes; collective cremation does not return ashes individually. Cremation is now the most common option and is available throughout France, Belgium and the Netherlands.

Approved pet cemeteries. These dedicated facilities offer individual plots with engraved stones, columbariums for urns, and sometimes shared memorial spaces. Fees vary according to plot duration and region. A pet cemetery provides a formal, lasting and accessible resting place — something a private garden cannot guarantee if you move house one day.

What happens if you move?

This is a practical question many people do not consider at the time of burial. If you sell or leave the property, the burial site remains in place: you cannot move the remains without the new owner's agreement. It is good practice to inform a buyer that a pet is buried in the garden.

This reality leads some people to prefer cremation, which allows them to keep the ashes and take them wherever they go. For more ideas on how to honour your companion — whether through burial, ashes or a lasting memorial — see our article 15 ideas for honouring your pet's memory.

Whatever path you choose, you can create a free online memorial for your pet on Animal Paradise — to keep their memory alive, accessible and shared.