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The Law Commission has proposed that graves that are more than 100 years old could be reused across England and Wales to tackle dwindling burial space.
News comes as the final report on burial and cremation recommends extending reuse powers to all burial grounds, provided they receive government approval following local consultation.
Current laws permit reuse only in London council cemeteries, Church of England churchyards, and specific sites, leaving many regions facing a critical lack of capacity.
The Commission suggests modernising legislation that has remained largely unchanged for over 170 years to reflect diverse religious and cultural practices in modern Britain.
Under the proposals, no grave could be disturbed until a century has passed since the last burial, an increase from the current 75-year limit.
Families would have one year to object to a planned reuse, double the current six-month window, with any objection halting the process for a further 25 years.
New protections would also be introduced for Commonwealth war graves and post-war military graves for which the Ministry of Defence is responsible.
Further reforms address the hundreds of thousands of uncollected ashes held by funeral directors, allowing their return to crematoria if they remain unclaimed.
The report also seeks to regulate private burials on farms or gardens and mandates a minimum of two feet of soil above every coffin.
Lisa Webley, commissioner for property, family and trust law, said: “Our proposals would modernise and simplify burial and cremation law in England and Wales, and provide clearer, more consistent safeguards for bereaved families and friends.
“Our recommendations respond directly to contemporary challenges, including the shortage of burial space, the complexities created by Victorian-era legislation, and the need to recognise the diverse religious and cultural practices in modern Britain.”
The government will now consider the recommendations before deciding whether to implement the changes in law.
