As of 2 March 2026, new ground bought for burial in Scotland now only offers that right for 25 years, and thereafter for 10 years at a time.
The detail
In Scotland, ground bought for the right of burial will belong to the title holder for 25 years from the date of purchase. They may use part, all or none of the space during that 25 years.
Three months before the 25-year deadline approaches, the burial authority will contact the title holder using the details provided at the time. Owners can extend ownership for 10 years, renewing this right every 10 years without limit.
If the owner of a right to burial dies before the expiry and has not been transferred to another person, the burial authority will retain ownership of the lair.
Where right of burials are not extended and unused, the right will be “extinguished” and the burial authority may re-sell the right of burial to that lair. Three months notice will be issued to all right holders offering them the right to renew – in practical terms, that will be no earlier than 2051.
Rule for land bought before 2 March 2026
Burial ground sold before this date remains unaffected. Right of burial will vary from area to area, with some burial authorities offering owners a specified time frame and others perpetuity.
Why a new law is needed
It’s widely accepted that cemeteries across the country have plots that are legally owned yet unused at a time when land for burials is at a premium. Whilst the new law won’t affect ownership before 1 March 2026, it is affirmative action for new plots sold and future management of burial space in Scotland.
Reasons for buying new ground
Burial ground can be purchased because it’s needed now for someone who’s recently died. It’s sometimes possible to purchase ground as part of a planning ahead process, not all cemeteries will sell burial lairs before time of need. For those that do, some cemeteries allow you to choose exact sites. Others are simply chosen as the overall place of rest and a specific grave will be allocated at the time of need.
Implications for families
It’s hard to know now what the practical impact will be on families in 2051 or beyond. We anticipate financial consequences as burial authorities are likely to charge for applications and extensions, including transfer of ownership.
Action to take
We recommend two actions:
- To avoid a situation where the owner has died and transfer of ownership is conflicted at a future date, we recommend that ownership of rights to burial be given to a child rather than a spouse or sibling.
- Ensure that you share contact details with burial authorities to have the best chance of being able to respond to registration renewals.
If you have further questions, get in touch with your local team for free guidance and advice.