Law Commission considers changes to update centuries-old burial laws

Old graves could be reused, and closed burial grounds could be reopened to help manage the shortage of burial space, under proposals made today by the Law Commission. The proposals form part of a consultation to bring the law on burial and cremation, which in parts is over 170 years old, up to date. People are encouraged to give their views on the proposals here.

Burial space is running out across England and Wales, with the situation worse in some urban areas. Grave reuse has long been seen as a solution to this problem. But currently only some burial grounds are permitted to reuse graves. For example, grave reuse is already permitted in London local authority cemeteries and a handful of other cemeteries which have obtained their own Acts of Parliament permitting it. The Law Commission’s proposals would enable any burial ground to reuse graves, but only following consultation with the public and approval of the burial ground operator’s plans by Government.

There would also be safeguards for each individual grave. Where it is currently permitted, graves can only be considered for reuse when the last burial was made at least 75 years ago. The Commission is consulting on whether a new law should use that period, or a different one such as 100 years. If the family of the deceased person objects, no reuse can happen for another 25 years.

The law around burial and cremation is also complicated and out of date. It has evolved over the years, with a patchwork of different laws which apply to different burial grounds depending on who operates them (eg Church of England, local authorities, private owners, etc). Some of these laws date back to the mid-19th Century and are unsuitable for the modern world. Gaps in the law mean that, for example, there are no rules on the minimum depth at which bodies should be buried in private cemeteries.

The Law Commission seek views from the public, experts in this area and those involved in the death care sector before making final recommendations to Government at the end of 2025.

Professor Nick Hopkins, Commissioner for Property, Family and Trust Law said,

“Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations. This must be done sensitively and with wider public support, which is why we want to hear from those with a view.”

Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice said,

“The Government is supportive of the Law Commission’s work and would encourage the public to take the time to respond to this consultation paper. We await with interest the Law Commission’s recommendations, in due course, on the most appropriate framework to provide modern, consistent regulation for burial and cremation.”

The consultation addresses a wide range of other issues including:

Closed churchyards: There are numerous Church of England churchyards and other burial grounds across the country which were closed by law in the Victorian era. The Commission proposes reforms to allow them to be reopened, allowing people to be buried closer to home, or in a graveyard that holds special meaning for them.
Uncollected ashes: Funeral directors estimate that they hold hundreds of thousands of sets of ashes which have not been collected by families after cremation – and which they have no legal right to bury or scatter. The Commission’s proposals would enable them to be returned to crematoria, where they can be scattered or buried, once reasonable attempts had been made to contact the family of the deceased person.
Siting of crematoria: Currently crematoria have to be constructed at least 200 yards away from any homes and 50 yards from a public highway. The consultation asks whether that rule should remain in place. It was originally designed to avoid harms from the smoke from crematoria, but has outlasted that risk.
Burials on private land: The law permits people to bury bodies on their own land, but there is no means of ensuring that information about their location is passed to a new owner. Proposals by the Commission would make it a criminal offence not to do so.

The consultation is open until 9 January 2025