Graves could be reused due to shortage of burial space, Law Commission suggests

The proposals come as part of a public consultation to bring the laws around burial and cremation up to date.

The proposals come as part of a public consultation to bring the laws around burial and cremation up to date (PA) (PA Archive)

Old graves could be reused to help manage the shortage of burial space under proposals made by the Law Commission.

The idea came as part of a public consultation to bring the laws around burial and cremation up to date.

In a statement, the Law Commission said the proposals were in response to burial space running out across England and Wales, with the situation worse in urban areas.

Grave reuse, long seen as a solution, is currently only permitted in some burial grounds, including London local authority cemeteries and a few other cemeteries that have obtained Acts of Parliament permitting it.

The Government is supportive of the Law Commission’s work and would encourage the public to take the time to respond to this consultation paper

Alex Davies-Jones

Under the commission’s proposals, any burial ground would be permitted to reuse grounds but only after a consultation with the public and approval by the Government.

Graves can currently only be reused when the last burial was made at least 75 years ago.

As part of the consultation, the Law Commission is considering whether a new period, such as 100 years, should be used instead. Burial grounds closed by law during the Victorian period could also be reopened.

Professor Nick Hopkins, commissioner for property, family and trust law, said the proposals provided a “significant opportunity” for reform.

“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.”

Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, encouraged the public to participate in the consultation.

“The Government is supportive of the Law Commission’s work and would encourage the public to take the time to respond to this consultation paper,” he said.

“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.”