The UK is running out of burial space, prompting the Law Commission to recommend the reuse of old graves. This it to manage the growing shortage.
The commission proposes reopening cemeteries, including those declared full during the Victorian era, for new burials.
The shortage is most pressing in urban areas across England and Wales, where available burial plots are quickly dwindling.
Under the proposed reforms, any burial ground could reuse graves, provided there is public consultation and government approval. Safeguards would also ensure that graves are only eligible for reuse if the last burial took place at least 75 years ago.
Officials are holding a separate public consultation to discuss the specifics of grave reuse, including timeframes and how to address objections from family members of the deceased.
Professor Nick Hopkins, Commissioner for Property, Family, and Trust Law, emphasized the importance of public input in the process. “Our proposals offer 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,” he said.
Current laws restrict the redevelopment of graveyards for any purpose other than creating a place of worship. Public cemeteries can only be redeveloped if granted special permission through an Act of Parliament. The proposed changes aim to modernize these regulations and address the burial space crisis.
Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, expressed the government’s support for the Law Commission’s work.
“We await with interest the Law Commission’s recommendations on the most appropriate framework for modern, consistent regulation of burial and cremation,” she said.
The public consultation on the proposed changes will remain open until January 2025.