Old graves could be reopened in response to the diminishing burial space in the country, according to a proposal by the Law Commission. The suggestion includes allowing graveyards deemed “full” during the Victorian era to potentially be reused. It has been highlighted that urban areas in both England and Wales are rapidly depleting available burial space. The proposed measures would permit any burial ground to consider reusing graves, subject to public consultations and government authorization. Each individual grave would have specific safeguards, with reusing only permitted if the last burial took place at least 75 years ago. Furthermore, a separate public consultation is exploring the timelines for grave reuse and potential objections from family members.
Professor Nick Hopkins, Commissioner for Property, Family and Trust Law, emphasised the importance of engaging the public in any proposed changes. He stated, “Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations.” Hopkins stressed the need for sensitivity and broad public consensus in implementing such reforms. Currently, it is unlawful to repurpose a graveyard for purposes other than constructing a place of worship. Publicly-managed cemeteries can be redeveloped with the approval of an Act of Parliament.
Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, conveyed support for the Law Commission’s initiatives. Davies-Jones expressed anticipation for the Commission’s recommendations on establishing a modern, consistent regulatory framework for burial and cremation. The public consultation on the proposed changes will remain open until January 2025.
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