Old graves could be reused under new recommendations put forward to manage the shortage of burial space in urban areas across England and Wales. The Law Commission has proposed changes that would allow graveyards declared “full” during the Victorian era to be reopened. These changes would permit any burial ground to reuse graves, subject to public consultation and government approval. Safeguards would be in place, with plots eligible for reuse only if the last burial occurred at least 75 years ago.
A separate public consultation is also ongoing to determine timeframes for grave reuse and how to handle objections from family members. Professor Nick Hopkins, Commissioner for Property, Family, and Trust Law, emphasized the need for public consultation in addressing these changes sensitively. Commenting on the proposals, he stated, “Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations.”
Currently, legislation prohibits the redevelopment of graveyards for purposes other than building a place of worship. However, publicly-run cemeteries can be redeveloped if the owner receives an Act of Parliament. The government, represented by Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, expressed support for the Law Commission’s work and awaited further recommendations on regulating burial and cremation practices consistently.
Public consultation on the proposed changes remains open until January 2025, indicating a proactive approach to address the pressing issue of burial space shortage. The potential reopening of old graves highlights the evolving landscape of burial practices to ensure sustainable solutions for future generations facing limited cemetery space.