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Technical Notes 2026, Issue 30 - Burial Regulations – Update from the Scottish Government

  • Report by:

    Ann Davie, Chief Executive

  • TN Number:

    030-26

  • Subject:

    Burial Regulations – Update from the Scottish Government

  • Responsible Officer:

    Stephen Egan, Team Leader - Streetscene Technical Support

  • Publication:

    This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared outwith the Council.

Details

  • This Technical Note has been written to update Elected Members on the new Burial and Cremation Act 2016 which was approved via the Scottish Government.
  • East Dunbartonshire has a combination of 11 operational and non-operational Cemeteries and Churchyards across the district.
  • The new regulations will be implemented from March 1 2026, and therefore the arrangements will apply from this date – they are not retrospective.
  • The immediate impact of the regulations relates to the Exclusive Right of Burial which effectively provides the lair holder with a defined period in which they can use the lair. Lairs remain within the overall ownership of East Dunbartonshire Council and are effectively leased for a period for exclusive use by the purchaser.
  • The current Exclusive Right of Burial within EDC is 40 years – under the new legislation this will be reduced to 25 years and applies to all burial authorities across the Country.
  • Lair holders will be able to request extensions of 10 years, and the Burial Authority will need to contact the lair holder to ask if they wish for this extension 3 months in advance of the end date.
  • The anticipation is that this will have limited impact within EDC on the basis that the authority no longer allow any form of pre purchase of lairs across the entire estate and therefore lairs purchased from March 1st 2026 will hold the remains of loved ones. There is the potential under the legislation for reuse within the legislation however this not thought likely moving forward.
  • A further report covering East Dunbartonshire Council, Cemetery Management Rules will be brought forward to the relevant committee detailing this and other legislative changes together with an update on other Bereavement Services activities this calendar year.