The UK could face a burial space crisis unless outdated laws from the 19th century are reformed, the Law Commission has warned.
To combat overcrowding in cemeteries, it has proposed a series of measures, including the reuse of graves in all burial grounds, including those owned by the Church of England.
The Commission raised concerns that grave space is running out in many regions of the country and criticised the “patchwork” of legislation that has left burial sites with limited longevity.
Among the key proposals is the reopening and reclaiming of graves, which would allow burial grounds to extend their useful life. The Commission suggested a minimum period of 75 years before a grave could be reused, with an option for 100 years. Bereaved families would have the right to object, potentially delaying reuse by up to 25 years. Burial ground operators would need to apply to the government for permission to reuse graves and provide notice before doing so.
Local councils in London and other select areas already have the power to reuse graves, but the Commission argued that this should be expanded nationwide in a way that fosters public trust. It also recommended a case-by-case approach to ensure that sensitive handling of historic graves and community concerns are addressed.
The proposal is part of a broader reform to burial and cremation laws, which includes reopening churchyards closed by Victorian-era regulations. The Commission aims to allow more individuals to be buried in locations that are significant to them or closer to home.
Another suggested reform would address the backlog of 250,000 unclaimed cremated ashes currently held by funeral directors. Due to existing legal restrictions, ashes cannot be scattered without the family’s consent. The Commission proposed allowing funeral directors to return the ashes to crematoria for scattering or burial after making reasonable efforts to contact families.
The Commission called for updating planning laws that require crematoria to be located far from residential areas. It argued that modern technology has resolved the pollution concerns that initially led to these restrictions.Prof Nick Hopkins, the commissioner leading the review, told The Telegraph:
“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.”