Graves could be reused and closed burial sites reopened under proposals published by the Law Commission.
The commission’s final report of its review of burial and cremation law has made a number of recommendations aimed at “simplifying, clarifying, and modernising the law” to ensure it offers suitable protections to people arranging burials and cremations and also addresses shortages in burial space.
The review follows a public consultation, which ran from October 2024 to January 2025. It forms part of the commission’s wider project on burial, cremation and new funerary methods.
The report aims to replace fragmented Victorian-era legislation with a single, coherent legal framework and to clarify rights over burial and cremation, including control of ashes. It also introduces detailed safeguards such as public notification and objection procedures in relation to grave reuse.
Key recommendations include grave reuse on application and powers to reopen long-closed burial grounds, creating more burial space closer to local communities. Other proposals include greater clarity for the offence of unlawful exhumation, with a higher maximum penalty, and changes to the law so that there is greater transparency in relation to direct cremation. Better protections for war graves are also proposed.
Professor Lisa Webley, commissioner for property, family and trust law, said: “Our proposals would modernise and simplify burial and cremation law in England and Wales, and provide clearer, more consistent safeguards for bereaved families and friends.
“Our recommendations respond directly to contemporary challenges, including the shortage of burial space, the complexities created by Victorian-era legislation, and the need to recognise the diverse religious and cultural practices in modern Britain.”
The government will now review the recommendations and consider how to implement reform. The review forms part of a wider Law Commission project. A further report on new funerary methods is expected shortly, with draft legislation to follow.
