Old graves in the UK could be repurposed as the country faces a dwindling amount of space for the deceased. A recent recommendation from a commission suggests that in order to manage the shortage of burial space, old graves could potentially be reopened for future burials.
The Law Commission has proposed changes that would allow graveyards deemed “full” during the Victorian era to be considered for reuse. The commission has highlighted that urban areas in England and Wales are quickly running out of burial space, prompting the need for such measures.
Under the proposed changes, any burial ground could reuse graves, subject to public consultation and government approval. Specific safeguards would be put in place to ensure the respectful treatment of each individual grave. For a grave to be eligible for reuse, the last person buried in it must have been interred at least 75 years ago.
There is a separate public consultation underway to discuss the potential timeframes for grave reuse and how objections from family members would be addressed. Professor Nick Hopkins, Commissioner for Property, Family, and Trust Law, emphasized the importance of involving the public in any changes to burial practices.
According to current legislation, it is illegal to repurpose a graveyard for reasons other than religious development. However, publicly-run cemeteries can undergo redevelopment if authorised by an Act of Parliament.
Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, expressed the government’s support for the Law Commission’s efforts. She mentioned that they are eagerly awaiting the commission’s recommendations on establishing a modern and consistent regulatory framework for burial and cremation.
The public consultation on the proposed changes is open until January 2025, providing stakeholders and the wider community with an opportunity to contribute their views on this important matter.