Funeral Industry News

Changes to Duration and Extension of Right of Burial

February 6, 2026 by funeral-industry-news No Comments | Category Uncategorized

The Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024 commence sections 14 and 16 of the Burial and Cremation (Scotland) Act 2016 (“the 2016 Act”), which address the duration and extension of rights of burial.

These sections will come into force on 1 March 2026.

Section 14: Duration and extension of right of burial

A right of burial will last for 25 years initially, beginning on the day a right is granted (on or after 1 March 2026).

The burial authority can extend the right of burial after the initial 25 year period on application from the holder of the right. Extensions last for 10 years and can be renewed every 10 years without limit.

A burial authority can refuse an application for an extension if it considers it reasonable to do so:

• Where the owner of a right dies before the right of burial expires and the right of burial does not transfer to another person. This is likely to happen only where the owner who has died did not leave a will and has no family to which the right would otherwise pass in line with succession law. In this situation, the right reverts to the burial authority that granted the right.

• The day on which the right of burial was granted is the day recorded in the Register of Rights of Burial created under section 17 of the 2016 Act.

If the right to burial is not extended, it is automatically extinguished. Where this happens with an unused lair, the burial authority may re-sell the right of burial in that lair. Where the lair is used or partially used the lair can be considered for re-use under sections 32 – 44 of the 2016 Act: Lair – Restoration to Use (when those sections of the 2016 Act come into force).

Section 16: Right of burial: notification of pending extinguishment

This section sets out what burial authorities are to do when a right of burial is coming to an end. The burial authority should contact the right holder at least 3 months before the date the right is due to end and notify the right holder of the option to renew the right and the implications of not renewing.

The changes are not retrospective and only apply to rights of burial sold on or after 1 March 2026.

For further information or if you have any questions, please contact our team at burialandcremation@gov.scot

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