Old graves could be reused under new proposals to address the shortage of burial space in England and Wales.
The Law Commission has suggested amendments to the ‘patchwork’ of existing legislation on burials, some of which dates to the 1850s.
The statutory body is consulting on a new law that would allow graves to be reused, something that can currently be done at some burial grounds, including London local authority cemeteries.
It has proposed reusing graves after 75 or 100 years. If the family of the deceased objects, the grave would be left undisturbed for a further 25 years.
The commission has also suggested reopening several burial grounds that were closed in the Victorian era, and asked whether a rule prohibiting the construction of crematoria within 200 yards of homes and 50 yards of a public highway should remain in place.
Commissioner for property, family and trust law, Nick Hopkins, said: ‘Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations.
‘This must be done sensitively and with wider public support, which is why we want to hear from those with a view.’
The consultation runs until January, with the Law Commission set to make its final recommendations to Government at the end of next year.
