New national legislation on burial rights takes effect

New national legislation around ‘burial rights’ is due to come into effect from next week – although it is not expected to have any significant impact in Orkney 

At present when someone purchases a lair – or grave site – they have indefinite rights to be buried there after their death. 

However new national changes coming in from 1 March mean those rights will only last for 25 years, after which individuals or their families can then apply to renew the rights in 10-year extension periods.

If the lair has never been used – and a ten-year renewal is not applied for - the burial authority can then sell it to someone else.

These changes do not affect any burial rights bought before 1 March 2026.

Lorna Richardson is the Council’s Director for Infrastructure and Organisational Development.  She said: “These are new national rules coming in that the Council is required to apply locally.  Any local impact of the new rules would of course only be known in 25 years' time and any decision made by a whole new set of staff - but our current thinking is that - given our small population – the local authority would be unlikely to need to take the rights for a lair back after 25 years and would look to be maintaining the rights in place at that time..

“We’re aware though that arrangements around burials – including future burials – are emotive and felt it best to flag up this national change to our communities.’

Orkney Islands Council is responsible for 50 burial grounds throughout the county, including grounds which are no longer in active use and heritage sites. More information – including a Customer Charter – is available here - Burial Services