New funerary methods

The Law Commission has published its final report on new funerary methods.

Main project: Burial, cremation, and new funerary methods

Problem (Back to top)

Burial and cremation (and, to a lesser extent, burial at sea) are currently the only funerary methods used in England and Wales. Companies are also developing new funerary methods. These include:

alkaline hydrolysis, which uses water and alkaline chemicals, and heat, to break down a body into a liquid and bone fragments
human composting, which involves keeping a body in a controlled environment so that remains are broken down into soil much more quickly than in a burial.

Both of these methods are in use in some states in the US, and alkaline hydrolysis is available in other jurisdictions, including Ireland and parts of Canada and Australia. At the time of our 13^th Programme of Law Reform, human composting was still in development. New methods which are now at the concept stage may become a reality in future years.

In England and Wales, new funerary methods are not currently regulated, other than by laws which apply more generally such as environmental and planning law. Using new funerary methods may be prohibited by the law on death registration, but the position is unclear. Stakeholders have told us that they want a regulatory framework so that they can operate securely and conscientiously, unlock investment, and offer greater consumer choice.

Project (Back to top)

Background

This project came out of our 13^th Programme of Law Reform and sits within our wide-ranging review into Burial, Cremation and New Funerary Methods.

Given the breadth of issues involved, we have split this initial programme of work into three different sub-projects, of which this is one. You can find information about the other two sub-projects (Burial and cremation, and Rights and obligations relating to funerary methods, funerals and remains) in the related projects section on this page.

We published our consultation paper on the second sub-project, on New Funerary Methods, on 4 June 2025, and the open public consultation ran until 4 September 2025. We received 124 responses to our consultation from a wide range of consultees.

We have now concluded the report and final recommendations on New Funerary Methods. We have also published two draft Bills, one for England and one for Wales.

A final report on the first sub-project, titled Burial and Cremation, was published in March 2026. Work on the third sub-project, Rights and Obligations Relating to Funerary Methods, Funerals and Remains began in early 2026. We intend to publish by mid-2028 a report on recommendations for reform of the law in this area, and a draft Bill giving effect to the recommendations from both the first and third reports – Burial and Cremation and Rights and Obligations Relating to Funerary Methods, Funerals and Remains.

Our recommendations for reform

Our recommendations would set out a framework in primary legislation to enable the future regulation of new funerary methods. We have not made any recommendations about the regulation of any specific new funerary method, that will be a matter for the Secretary of State and the Welsh Ministers to decide. Key recommendations include:

A power for the Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) to make regulations approving the use of individual new funerary methods and setting out how they should be carried out.
A power to make regulations enabling trials of new funerary methods to be authorised.
A requirement for the regulation-maker to have regard to the importance of following principles:
- Treating humans with dignity
- Protecting the environment
- Protecting public health and public safety
A new criminal offence of carrying out a new funerary method that has not been regulated under the power, other than in accordance with authorisation given for a trial, which will clarify the law in this area.
A power to create new offences in secondary legislation of carrying out regulated new funerary methods in contravention of legislation.
A requirement to include in regulations:
- a requirement for the use of a new funerary method on the body of a deceased person to be registered; and
- details of how and by whom this registration must be carried out
A requirement to include in regulations provision about the inspection of facilities.
Amendments to primary legislation governing death registration so that the requirements are broadly the same for a regulated new funerary method, and for new funerary methods carried out in an authorised trial, as for burial and cremation.

Next steps (Back to top)

Following publication of our final report on the New Funerary Methods sub-project on 4 June, along with two draft Bills (one for England and one for Wales), it is now for the respective Governments to review and consider our recommendations for reform.