Graves could be reused under proposals to address lack of space for the dead | Death and dying

Graves could be reused and closed burial sites reopened to address the lack of space for the dead.

The Law Commission has suggested that cemeteries declared full could be reused for new burials. The proposal is part of a public consultation by the Commission to update the 170-year-old burial laws in England and Wales.

The commission has warned that burial space is quickly running out in urban areas and many cemeteries are already full.

The proposed changes would allow burial sites to reuse graves, but only after public consultation and government approval.

Protective measures would also be taken for each individual grave, with the grave areas only being able to be reused if the last person was buried at least 75 years ago.

A separate public consultation will discuss timeframes for reusing burial sites and what would happen if family members objected.

Prof Nick Hopkins, the Property, Family and Trusts Law Commissioner, said any change would need to be considered in consultation with the public.

He said: “We place great importance on ensuring that appropriate safeguards are in place so that the reuse of graves is done in a sensitive manner.” In a way that meets with the consent of the public and not against the will of the public Relatives of the person buried.”

He added: “Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations.”

Current legislation prohibits the renovation of a cemetery for reasons other than the establishment of a place of worship.

Other public cemeteries can be redeveloped if the owner is given an order of parliament.

Alex Davies-Jones, a junior justice minister, said the government was “awaiting with interest” the commission’s recommendations.

Dr. Julie Rugg, a funeral reform expert at the University of York, said changes were “absolutely necessary”.

Speaking to BBC Radio 4’s Today programme, she said: “Our system is not working and is actually threatening our burial heritage.” [and] the Victorian cemeteries we love so much. We’re running out of space.”

She added: “A lot of people don’t actually have a problem with it. I don’t think anyone would expect that her grave would never be touched again. It’s just not sensible.”

She cited a recent University of York survey of 1,600 people which found the majority expected graves to be reused after 100 years.

Giles Fraser, vicar of St Anne’s Church in Kew, west London, said he felt “very conflicted” about the matter.

He said: “I have a cemetery that is full. I have a mausoleum that is full. There is no space. But I am also aware that the dead protect these open spaces for the living. I would be very, very nervous about reusing things to build on. That’s not what’s being proposed, but it’s moving in that direction.”

Fraser added: “It’s an extraordinary administrative nightmare just to move a headstone.” You may not be able to contact the relatives, but the relatives may have very strong feelings for their loved ones and expect them to have found their final resting place here.”