Old graves could be reused and 'full' graveyards could be reopened under new proposal

Old graves could be reused under new recommendations put forward to manage the shortage of burial space. Under the proposed changes put forward by the Law Commission, graveyards declared “full” during the Victorian era could also be reopened.

The commission warned urban areas across England and Wales are fast running out of burial space. Proposed changes would allow any burial ground to reuse graves, but only following public consultation and government approval.

Safeguards would also be in place for each individual grave, with plots only eligible for reuse when the last person was buried at least 75 years ago. Another separate public consultation is considering the timeframes around grave reuse, and what would happen if family members objected.

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Professor Nick Hopkins, Commissioner for Property, Family and Trust Law said any change would need to be tackled in consultation with the public. “Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations,” he said.

“This must be done sensitively and with wider public support.” Current legislation makes it illegal to redevelop a graveyard for any reason other than to grow a place of worship.

Other publicly-run cemeteries can be redeveloped if the owner is granted an Act of Parliament. Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice said the Government was supportive of the Law Commission’s work.

“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,” he said. Public consultation on the proposed changes is open until January 2025.