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The Scottish government has announced that regulations to limit the duration of burial rights and legalise water cremation in Scotland will come into force in March of this year.
News comes after the Scottish parliament passed the Hydrolysis (Scotland) Regulations 2026 earlier on 21 January, marking the first new legal disposal method since 1902.
The new burial rules, effective from 1 March, establish that a right of burial will last for an initial period of 25 years, from the day the right is granted. These changes are not retrospective and apply only to burial rights sold on or after the commencement date.
Burial authorities may extend the right after the initial 25-year term upon application from the holder. Each extension will last for 10 years and can be renewed indefinitely. Rights that are not extended will be automatically extinguished, allowing authorities to re-sell unused lairs.
Section 14 of the 2016 Act states: “A right of burial is extinguished at the end of the period of 25 years beginning with the day on which the right was sold.”
From 2 March, hydrolysis – also known as alkaline hydrolysis or water cremation – will become a legal option. The process uses hot water and alkaline chemicals to accelerate natural decomposition within a pressurised chamber. It produces a sterile liquid and bone fragments that are processed into a powder for the next of kin.
According to the new regulation, authorities will have to notify burial right holders at least three months before a term is due to expire. This notification must outline the options for renewal and the consequences of failing to do so.
Under the new hydrolysis framework, operators must likewise maintain a publicly accessible management plan and retain records for 50 years.
Public health minister, Jenni Minto, said: “We are introducing these regulations following extensive consultation which has shown significant public support for the introduction of new, environmentally-friendly alternatives to burial or cremation.”
