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The UK is considering reusing old graves as part of new recommendations aimed at addressing the growing shortage of burial space.

The Law Commission has proposed reopening graveyards that were declared “full” during the Victorian era as one potential solution to the space crisis in England and Wales.

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The commission highlighted that urban areas are running out of burial space rapidly and proposed that any burial ground could be reused, subject to public consultation and government approval.

Under the recommendations, graves would only be eligible for reuse if the last burial occurred at least 75 years ago, with additional safeguards in place.

A separate public consultation is underway to consider the time frames for grave reuse and how to handle objections from family members.

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Professor Nick Hopkins, the commissioner for property, family, and trust law, emphasized the need for careful consideration and public support in making any changes.

“Our proposals offer an important chance to reform burial and cremation laws and secure future burial spaces. This must be done sensitively, with public consultation,” Hopkins said.

Currently, redeveloping a graveyard is illegal except for the construction of a place of worship, although some public cemeteries can be redeveloped with parliamentary approval.

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Alex Davies-Jones, parliamentary under-secretary of state at the Ministry of Justice, expressed the government’s support for the Law Commission’s work, noting that the recommendations will provide a modern and consistent regulatory framework for burial and cremation.

The public consultation on the proposed changes remains open until January 2025.

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