Existing graves could be reused to address burial space shortages in England and Wales, according to a Law Commission proposal.
Closed burial grounds could also be reopened as part of the plans.
Grave reuse is already allowed in some areas, including London, but the commission warned that other urban areas are at risk of running out of space.
The proposals can only go ahead after consultation with the public and with government approval.
The Law Commission – an independent body which reviews legislation in England and Wales – says current burial and cremation laws are out of date and “unsuitable for the modern world”.
At the moment, in areas where grave reuse is allowed, the original burial must have taken place at least 75 years ago.
The commission says it is consulting on whether the suggested law will use this same time period or change it to another, such as 100 years.
If the family of a deceased person were to decline reuse of the grave, no further attempt could take place for another 25 years.
The proposals suggest that burial grounds closed during the Victorian era should be reopened, “allowing people to be buried closer to home, or in a graveyard that holds special meaning to them”.
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.
Commissioner for property, family and trust law, Professor Nick Hopkins, acknowledged that the proposals must be dealt with “sensitively and with wider public support”, but the plans “provide a significant opportunity to reform burial and cremation law for future generations”.
In response, 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 9 January 2025, the Law Commission says.
