UK considers reuse of old graves to Address burial space shortage

The Law Commission has proposed a proposal to reuse existing graves to solve the growing burial space shortages in England and Wales. Under this plan, closed burial grounds, particularly those from the Victorian era, could also be reopened, allowing for new burials in areas where space is running out.

Grave reuse is already permitted in certain areas, including London, but the Commission warned that other urban regions are facing a similar lack of space. The proposal will undergo a public consultation process before gaining government approval.

The Law Commission, an independent body that reviews legislation, argues that current burial and cremation laws are outdated and no longer fit for the modern world. Currently, where grave reuse is allowed, the original burial must be at least 75 years old. The Commission is considering whether to maintain this timeframe or extend it to 100 years.

If a family opposes the reuse of a grave, the proposal stipulates that no further attempt can be made for another 25 years.

The proposal also addresses the handling of cremated remains. The Commission highlighted that funeral directors hold “hundreds of thousands” of unclaimed ashes. The proposed law would allow ashes to be scattered or buried after reasonable efforts to contact the family have been made.

Professor Nick Hopkins, Commissioner for Property, Family, and Trust Law, emphasized that the proposals must be approached with sensitivity and public backing. He noted that these reforms offer a significant opportunity to modernize burial and cremation laws for future generations.

The Ministry of Justice has expressed its support for the Commission’s work, encouraging the public to participate in the consultation, which is open until January 9, 2025.

In addition to public burial grounds, the proposal also touches on bodies buried on private land. Under the proposed changes, it would be a criminal offense not to disclose the location of bodies if the land is sold to a new owner, ensuring future transparency.