The Law Commission has proposed changes to address the growing shortage of burial space in urban areas across England and Wales, suggesting that old graves could be reused. This recommendation includes reopening graveyards that were declared “full” during the Victorian era.
As urban areas face a rapid depletion of burial space, the commission’s proposals aim to allow any burial ground to reuse graves, contingent upon public consultation and government approval. To ensure that the process is handled sensitively, safeguards will be implemented: plots will only be eligible for reuse if the last burial occurred at least 75 years ago.
Additionally, a separate public consultation is examining the timelines for grave reuse and addressing potential objections from family members.
Professor Nick Hopkins, the commissioner for property, family, and trust law, emphasized the importance of public consultation in implementing any changes. He stated, “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.”
Under current legislation, it is illegal to redevelop a graveyard for any purpose other than for growing a place of worship. The proposed changes aim to reform burial practices while respecting the sentiments of families and communities.