Bereavement Services - burial and cremation

From 1 March 2026, new rules will apply to the right of burial in South Lanarkshire’s burial grounds. These changes are required by the Burial and Cremation (Scotland) Act 2016 and The Burial (Management) (Scotland) Regulations 2025.

These rules apply only to burial rights granted on or after 1 March 2026. Existing rights are not affected.

How long rights of burial will last

Under the new regulations:

• a new right of burial will be granted for an initial period of 25 years
• at the end of this period, the right holder can request an extension of 10 years
• further 10‑year extensions can be requested as needed

This replaces the previous arrangement where burial rights were held indefinitely.

How we will contact burial right holders

We will write to the burial right holder at least 3 months before the end of the 25‑year period (or before any extension ends). The letter will explain:

• the date the burial right is due to expire
• how to apply for an extension
• that the right will end if no extension request is made

If the right expires, it is automatically extinguished, and the burial rights return to the local authority.

What happens if a burial right expires?

If the burial right expires:

• Unused lairs may be resold
• Used or partially used lairs may be considered for reuse in the future, under Sections 32-44 of the 2016 Act (Lair – Restoration to Use, once those sections come into force)

These changes ensure burial ground space is managed responsibly for future generations.

Existing burial rights

These changes do not apply retrospectively. Any burial rights issued before 1 March 2026 will continue under their original terms.

Further information

You can read the Scottish Government’s update on these changes at: Funeral Industry News – Changes to duration and extension of right of burial