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What are the rules on scattering a loved one's ashes in Spain?

The Local Spain
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What are the rules on scattering a loved one's ashes in Spain?
Where can you scatter ashes in Spain? Photo: Helena Lopes / Unsplash

While in theory – and in movies – this seems like a straightforward task, in reality there are several rules in place in Spain, meaning that you can’t just scatter a loved one's ashes wherever you wish.

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When a loved one dies, it’s obviously a very difficult time, not only are you grieving the loss, but you may also be stressed out by funeral arrangements, wills and trying to make sure all their final wishes are carried out.

One such wish may be that your loved one wanted to be cremated and their ashes scattered in one of their favourite places. Or maybe they didn’t leave instructions, but you believe that scattering their ashes would be a good way to honour them.

So what Spanish law state regarding this?

Decree 2269/1974 of July 20th, establishes in article 53 that "the ashes must be delivered to the relatives in a case in which the deceased to whom the ashes belong is identified, and that the cemeteries must have an appropriate place to put them, leaving the transfer and storage outside of any health requirement". 

This law only refers to the transportation of the ashes, however, and the fact that you can leave them at the cemetery if you wish, but doesn’t talk about the scattering part specifically.

READ ALSO: How much does a funeral cost in Spain?

Later, when the General Health Law 14/1986 came into force, it put the regulation of ashes under the jurisdiction of each region.

This means that the response of where and if you can scatter ashes will be different, depending on where you live in the country.

Generally in almost all regions, it is forbidden to scatter ashes on public roads and public parks, such as national or natural parks.

If you dispose of the ashes along with a non-biodegradable urn in these areas, without specific permission, you could be fined around €750 if caught, while some legal experts are citing amounts as high as €7,000. 

One of the most traditional places where people want their ashes scattered is in the sea, but unfortunately, this is the same situation as the natural public spaces above. Many coastal towns sanction the dumping of unauthorised waste on the beach or the sea.

READ ALSO: What to do when a foreigner dies in Spain

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The reason for not allowing the scattering of ashes in many natural spaces or in the water is that they can be toxic. Some of the contaminating causes of ash are that they may contain components derived from mercury from fillings or possibly gold, titanium or cobalt alloys of dental implants. Prosthetics such as joints can also cause environmental issues because they can be made from steel, titanium or tantalum.

If you really have your heart set on scattering them at sea, however, it may sometimes be possible by contacting the General Directorate of the Merchant Navy to get permission first.

There are also several companies that can organise the scattering of ashes in the sea for you. Cenizas Mediterraneo, authorised by the Spanish government is one that will arrange the boat and the permission for you. 

When it comes to scattering the ashes in nature, it’s best to contact your local authorities first to make sure where it’s allowed.

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While it may not be possible to scatter ashes wherever you wish, there are thankfully several places where it is definitely allowed.

For example, the dispersion of ashes is allowed in specific spaces in cemeteries, such as a special space in Montjuïc cemetery in Barcelona, the Garden of Ashes or Aromas of Zaragoza’s Torrero cemetery and the Bosque del Recuerdo in Bilboa’s Nuestra Señora de Begoña cemetery. In 2020, the city of Madrid also created two new spaces to scatter ashes in its Jardín del Recuerdo.

Many cities also have spaces where you can plant the ashes along with a biodegradable urn so that loved ones can be part of nature and you can see the results of trees or flowers growing in the space. Barcelona for example, has a few places where you can do this on Montjuïc.

If your loved one was a football fan, there are certain clubs that allow the scattering of ashes.

For example in 2009 Atlético de Madrid inaugurated a space where fans’ funerary urns could be stored, with each space costing between €1,500 and €4,000.

The new Camp Nou in Barcelona (when it’s ready) will have a space to house the ashes of deceased fans too. The prices that Barça will market range between €250 and €6,000.

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Another option is to hire out a specialised company that knows all the regulations of each area and is in charge of carrying out all the preparations for the scattering of ashes.

There are dozens that offer services such as scattering them in symbolic places or even those that can launch your loved one’s remains into space via a helium balloon – the service offered by Mémora.

Company Yatri for example can organise the scattering of ashes from helicopter flights, small planes, private jets, hot air and meteorological balloons, paragliders and drones.

Wherever you decide to scatter your relative's ashes, remember it's important to get to permission from the authorities first. 

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