Old graves and closed burial grounds could soon be reused to tackle a shortage of space for the dead according to a Law Commission proposal.
The commission – an independent body which reviews legislation in England and Wales – has issued a warning that some urban areas are at risk of running out of space to bury bodies.
They say that current burial and cremation laws are out of date and “unsuitable for the modern world”.
Safeguards would be in place for each individual grave, with plots only eligible for repurpose when the last person was buried at least 75 years ago.
The commission has also suggested making use of graveyards declared “full” during the Victorian era.
The proposals can only go ahead after consultation with the public and with government approval.
Another separate public consultation is considering the timeframes around grave reuse, and what would happen if family members objected. One proposal is that if the family of a deceased person were to decline reuse of the grave, no further attempt could take place for another 25 years.
Plans for ashes left over from cremations are also part of the proposal, with the commission alleging that funeral directors posses “hundreds of thousands of sets of ashes which have not been collected”.
Under the proposed law, ashes could be scattered or buried “once reasonable attempts had been made to contact the family of the deceased person.”
As part of their proposals, the Law Commission has called on members of the public, experts and those involved in the death care sector to share their views.
Professor Nick Hopkins, Commissioner for Property, Family and Trust Law, said any change would need to be tackled in consultation with the public.
“Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations,” he said.
“This must be done sensitively and with wider public support.”
Alex Davies-Jones from the Ministry of Justice said the Government is supportive of the Law Commission’s work and ‘would encourage the public to take the time to respond to this’.
The proposals are not limited to public burial spaces. It also addresses bodies buried on private land.
At the moment the law permits the burial of people on their own land, but if the land is sold to a new owner there is no means of ensuring location of the bodies is passed on.
Under the proposed changes it would be a criminal offence not to disclose this information.
Consultation on the proposals is open until January 9, 2025, the Law Commission says.
