The Law Commission has proposed changes allowing graveyards, declared “full” during the Victorian era, to be reopened. This initiative addresses concerns that urban areas across England and Wales are rapidly running out of burial space.
Under the proposed changes, any burial ground could potentially reuse graves, but only after public consultation and government approval. Each grave would have safeguards, with plots eligible for reuse only if the last burial occurred at least 75 years ago.
A separate public consultation is also examining the time frames for grave reuse and the procedures to follow if family members object. Prof. Nick Hopkins, commissioner for property, family, and trust law, emphasized the importance of public consultation in any changes, stating, “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.”
Current legislation prohibits redeveloping a graveyard for any reason other than for religious purposes. However, publicly run cemeteries can be redeveloped if granted an Act of Parliament.
Alex Davies-Jones, parliamentary under-secretary of state at the Ministry of Justice, expressed support for the Law Commission’s work, stating, “We await with interest the Law Commission’s recommendations on the most appropriate framework to provide modern, consistent regulation for burial and cremation.”
The public consultation on these proposed changes is open until January 2025.
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