Yes, it is legal to scatter ashes at sea in Spain. It is regulated by Royal Decree 218/2022, in force since 13 May 2022. It requires submitting a responsible declaration to the Harbour Master's Office, using a certified biodegradable urn and choosing an area free of protected habitats and species. No separate permit is needed.
- The rule that governs it is Royal Decree 218/2022, which amends Royal Decree 79/2019 on marine strategies.
- Instead of applying for a permit, you submit a responsible declaration to the relevant Harbour Master's Office.
- Only the certified biodegradable urn and natural flower petals are allowed. No bouquets, wreaths or personal items.
- Failing to meet the requirements can lead to a penalty under the Coastal Act. We explain this in our article on fines for scattering ashes at sea.
Who this article is for: anyone who wants to say goodbye to a loved one at sea in Spain and needs to know exactly what the law says before taking the step.
Is it legal to scatter ashes at sea in Spain?
Yes. Placing a loved one’s ashes at sea, inside a biodegradable urn, is a permitted and regulated activity. Since 13 May 2022 it has been governed by Royal Decree 218/2022 of 29 March, which amended Royal Decree 79/2019 to simplify the procedure.
Previously, the activity needed a compatibility report with the marine strategy. The authorities found that every application of this kind had been approved and replaced it with a responsible declaration, a simpler procedure.
Royal Decree 218/2022 adds section 5 to article 7 of Royal Decree 79/2019: for the “economic activity of placing funeral funeral urns at sea”, the compatibility report is replaced by a responsible declaration addressed to the Harbour Master's Office. Royal Decree 218/2022 (BOE).
Date Royal Decree 218/2022 came into force; it was published in the BOE on 13 April 2022. Since then, the responsible declaration is enough. Source: BOE-A-2022-6050.
Do you need a permit to scatter ashes at sea?
You don't need a permit as such. What the law requires is a signed responsible declaration addressed to the local Harbour Master's Office. The Harbour Master's Office informs the Provincial Coastal Service, which can check that the declaration is being complied with.
With the declaration, the service provider commits in writing to meeting a set of environmental conditions. If it then fails to meet them, it is responsible for that.
| Procedure | Before May 2022 | Since May 2022 |
|---|---|---|
| Required document | Compatibility report with the marine strategy | Responsible declaration |
| Where it is submitted | Ministry for the Ecological Transition | Relevant Harbour Master's Office |
| Who checks it | The Ministry itself, before the activity | The Provincial Coastal Service, which can check it |
What requirements does the law set for scattering ashes at sea?
Those set out in the responsible declaration in Annex IV of Royal Decree 79/2019, as worded by Royal Decree 218/2022. These are the commitments made by whoever signs it:
| Requirement | What the law requires |
|---|---|
| Scattering area | No protected habitats or species, such as sandbanks or seabeds without vegetation. Never over species listed in Royal Decree 139/2011 |
| Urn | Biodegradable, guaranteed by a certificate |
| Offerings | Natural flower petals only. Never bouquets, flowers with stems or wreaths |
| Other objects | None: neither decorative nor personal items with the urn |
| Boat | Keep to the speed limit and reduce noise and the risk of hitting marine wildlife |
| Record | Log each service with its date and coordinates, and keep copies of the urn certificates |
| Information | Provide any data the authorities request to check the declaration |
Annex IV sets out the “minimum content of the responsible declaration” for funeral urns. In addition to the commitments in the table, the declarant confirms that the activity is compatible with the marine strategy for its area and that it will comply with all applicable environmental regulations. Royal Decree 218/2022 (BOE).
What is prohibited when scattering ashes at sea?
Anything that goes against the commitments in the responsible declaration. In practice, these are the most common situations:
- Doing it without anyone having submitted the responsible declaration to the Harbour Master's Office.
- Using an urn that is not biodegradable or has no certificate.
- Throwing bouquets, wreaths, flowers with stems, letters, photos or other personal items into the water.
- Placing the ashes in an area with protected habitats or species.
If these requirements are not met, the Coastal Act allows fines of up to €60,000 for minor offences. These are maximum amounts, not fixed ones. You'll find the details in “How much is the fine for scattering ashes at sea?”
How can you tell if a company complies with the rules?
By asking about the points the responsible declaration requires. A company that works legally can answer all of them without hesitation:
- It submits the responsible declaration to the local Harbour Master's Office.
- It uses an approved biodegradable urn and can show you its certificate.
- It only allows natural petals: no bouquets, stems or personal items.
- They keep a record of each service with its date and coordinates.
- They give you a certificate with the exact coordinates of the scattering point.
We file the responsible declaration, include the approved biodegradable urn, make sure only natural petals are scattered and email you the certificate with the coordinates. The family doesn’t have to deal with any paperwork.
We go out by boat, out to sea, about 3 nautical miles (around 5 km) from the port. This is our usual practice, not a distance set by the regulations.
We make sure everything is legal
Tell us about your situation and we'll explain the options. We handle the responsible declaration, the urn and the certificate with the coordinates.
You can also use the contact form. We reply within 24 hours at most.
Can I scatter the ashes at sea myself?
Before organising it, check with your local Harbour Master's Office. Royal Decree 218/2022 is written for the “economic activity” of placing funeral urns at sea, and the responsible declaration is signed by the service provider.
If you want to do it yourself, ask what applies to you before setting a date. If you'd rather hand it over, our article can ashes be scattered at sea? explains the process step by step, and our guide on where ashes can be placed covers options other than the sea.
Frequently asked questions
Which law regulates scattering ashes at sea in Spain?
Royal Decree 218/2022 of 29 March, which amends Royal Decree 79/2019 on compatibility with marine strategies. It has been in force since 13 May 2022. Penalties for breaching it depend on other laws, such as the Coastal Act (Law 22/1988).
Do you need permission from the Harbour Master's Office?
You don't apply for a permit; you submit a responsible declaration to the relevant Harbour Master's Office. With it, the service provider commits to meeting the environmental requirements of Annex IV. The Harbour Master's Office informs the Provincial Coastal Service, which can check it.
Can flowers be thrown into the sea with the ashes?
Only natural flower petals. The rules do not allow bouquets, flowers with stems or wreaths, nor decorative or personal items with the urn. The boat crew must make sure this is respected.
What is the fine if the law is not followed?
The Coastal Act sets a maximum of €60,000 for minor offences and up to €300,000 for certain serious offences. These are limits, not fixed amounts. We explain this in our article on fines for scattering ashes at sea.
Are the rules the same along the whole Spanish coast?
Yes. Royal Decree 218/2022 is a national law and applies in all marine areas. What changes is the Harbour Master's Office where the declaration is submitted, which depends on where the ashes are placed.
To sum up
Scattering ashes at sea is legal in Spain if Royal Decree 218/2022 is followed: responsible declaration, certified biodegradable urn, natural petals only and an area without protected species. If you'd like us to take care of everything, call us on 685 689 222 or write to us using the contact form, with no obligation.
This article is for information only and is not a substitute for legal advice. If you have any regulatory questions, check with the Harbour Master’s Office in your area.
