New burial rules take effect in Aberdeenshire 

Aberdeenshire Council is advising residents of changes to burial arrangements, following new Scottish Government regulations which have come into force.

The changes arise from the Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024, which introduce new rules on the duration and extension of rights of burial. 

These provisions apply only to burial rights purchased on or after March 1, 2026 and will not affect existing burial rights.

Under the new legislation, a right of burial will now last for 25 years from the date it is granted – and not the 40 years currently observed in Aberdeenshire.

After the initial 25-year period, 10-year extensions can be applied for by the holder of the burial right and can be renewed without limit.

However, in certain circumstances an application for extension may be refused – such as where the holder of the burial right has died, the right has not transferred to another person and there is no will or identifiable family member for the right to pass to. 

In such cases, the right of burial will revert to the burial authority and if a right of burial is not extended when it expires, it will be automatically extinguished and may be resold by the burial authority. 

To ensure families are supported and fully informed, the new regulations also place a duty on councils to notify right holders in advance.

Ewan Wallace, Head of the council’s Environment and Sustainability Services, explained: “It’s important to stress that these changes are not retrospective, so all burial rights purchased before March 1 this year remain unchanged and will continue under the terms that applied at the time of purchase. We will contact the holder of a burial right at least three months before a lair right is due to expire and explain the option to extend the right of burial and the implications of choosing not to do so. Aberdeenshire Council remains committed to managing burial grounds with care, respect and sensitivity, while ensuring arrangements remain sustainable for future generations.”

Further information or guidance is available online at https://www.aberdeenshire.gov.uk/communities-and-events/bereavement/burial-grounds/