Law Commission considers updating centuries-old burial laws
It comes as burial space is running out across England and Wales, with the situation worse in some urban areas
Old graves could be reused, and closed burial grounds could be reopened to help manage the shortage of burial space, under proposals by the Law Commission.
The proposal is part of a consultation that aims to bring the law on burial and cremation, which in parts is over 170 years old, up to date.
The Law Commission seeks views from the public, experts in this area and those involved in the death care sector before making final recommendations to the government. This consultation period is open until 9 January 2025.
It comes as burial space is running out across England and Wales, with the situation worse in some urban areas. While grave reuse has long been seen as a solution to this problem, there are only some burial grounds that are allowed to reuse graves, such as in London local authority cemeteries and 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 the government.
According to the Commission, 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.
In addition, the Commission stated that the law around burial and cremation is “complicated and out of date”, as it has evolved over the years into a patchwork of different laws that apply to different burial grounds depending on its operators, such as the Church of England, local councils or private owners.
As some of these laws date back to the mid 19th-Century, the Commission believes they are unsuitable for the modern world.
What’s more, 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.
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, added: “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.”