Dumfries and Galloway Council is preparing for forthcoming national legislative changes to the way burial rights are granted and renewed in Scotland, following the implementation of Sections 14 and 16 of the Burial and Cremation (Scotland) Act 2016. These provisions come into force on 1 March 2026 and introduce a new framework affecting the duration and renewal of burial rights across the country.
These changes apply only to new burial lair rights granted on or after 1 March 2026. Lairs already held by families or individuals will remain unaffected.
Under the new legislation, burial rights will be granted for a 25 year period, after which the holder may apply for an extension. Renewals will be available in 10 year periods, with no limit on the number of extensions that can be granted. Burial authorities will have a duty to contact lair holders at least three months before expiry, explaining renewal options and what will happen if the lair right is not extended. As it will be 25 years before a renewal is required, we are unable to confirm what, if any, charge would be applied at this time.
The council recognises that updates to burial legislation are of significant personal and emotional importance to bereaved families, and we are committed to implementing these changes with care, compassion and clarity. As part of this process, the council’s burial ground management rules, lair certificates and administrative systems have been updated to ensure they fully reflect the new legislation and provide transparent guidance for lair holders.
Dumfries and Galloway Council will work closely with funeral directors, community partners and our bereavement services teams to prepare for the transition.
Councillor Andy Ferguson, Chair of the council’s Economy and Infrastructure Committee said:
“We appreciate how sensitive and deeply personal burial arrangements are for families across our region. As Scotland introduces a modernised national framework, our priority is to ensure these changes are implemented with dignity, accuracy and respect. We will continue to support lair holders, funeral directors and communities through every stage of the transition.”Councillor Tony Berretti, Vice Chair of Economy and Infrastructure Committee added:
“These changes mark an important moment in how burial rights are managed across Scotland, and we know the implications will be deeply personal for many families. Above all, we want families to feel reassured that their wishes matter and will continue to be respected as these national changes come into effect.”
Members of the public with questions about future burial rights or the upcoming changes can contact the council’s burials team for guidance. The web page will be updated to reflect the new legislation on 2 March 2026: https://www.dumfriesandgalloway.gov.uk/births-marriages-civil-partnerships-deaths/funerals-burials-cremations
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