Old graves could be reused amid shortage of burial space

Graves which are more than a century old could be reused in cemeteries across England and Wales under new proposals - but relatives will be able to object and war graves will be protected.  The Law Commission has recommended modernising laws, some of which have not been altered for more than 170 years,- to tackle a burial space shortage.

Reusing old graves is already permitted in London council cemeteries, Church of England churchyards, and some cemeteries with their own laws. But the changes see such powers extended to other burial grounds across England and Wales.

Concerns had previously been raised about the graves of soldiers who died in the First and Second World Wars being disturbed as part of the proposed legal overhaul. However, the commission said the Commonwealth War Graves Commission (CWGC) will always be able to object.

"As a consequence, our recommended reforms to the law would result in no Commonwealth war grave ever being reused," the commission's report, published today, said. It also recommended that, for the first time, post-war military graves that fall under the remit of the Ministry of Defence would also be protected through a right of objection.

The overall recommendations "respond directly to contemporary challenges, including the shortage of burial space.