Graves in England and Wales could be reused after 100 years

"Our proposals would modernise and simplify burial and cremation law in England and Wales, and provide clearer, more consistent safeguards for bereaved families and friends. The changes would create a national framework for the first time, aiming to reduce pressure on burial space and modernise a system largely unchanged for more than 170 years."

"Graves could not be reused until at least 100 years after the last burial, up from 75 years, and families would have a year to object. Any objection would delay reuse for a further 25 years. Military graves would remain protected. The Commonwealth War Graves Commission retains the right to object, effectively ensuring no war graves are ever reused."

"Reused graves would remain within a controlled system, with remains moved deeper and a new burial placed above. Only remains that are no more than skeletal would be eligible. The commission also highlighted the patchwork of rules for church, local authority and private burial grounds, recommending a more consistent framework."

The Law Commission has proposed significant reforms to burial and cremation law in England and Wales, aiming to address pressure on burial space and modernize a system largely unchanged for 170 years. Graves over 100 years old could be reused nationally, extending a practice currently limited to some London cemeteries and Church of England grounds. Families would have one year to object to reuse, with objections delaying reuse for an additional 25 years. Military and war graves receive permanent protection. The proposals also establish consistent national standards across church, local authority, and private burial grounds, including minimum soil depths above coffins. Cremation practices would be regulated, particularly regarding uncollected ashes held by funeral directors.

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