Law Commission consultation on burial and cremation

Closes 9 Jan 2025

Chapter 12: Where cremations can happen

Consultation Question 50.

See paragraph 12.45 of the consultation paper. 

We invite consultees’ views on whether the rule that a crematorium cannot be constructed within 200 yards of a dwelling house without the agreement of the owner, occupier and lessee, or within 50 yards of a public highway, should be repealed, or retained.

If the rule is retained, we invite consultees’ views on whether the distance should be measured from the buildings equipped for cremation, and any other buildings or structures ancillary to the process, or from another location.

If the rule is retained, we provisionally propose that the Secretary of State should have to certify a crematorium before it can be used. It should be a requirement for certification to be granted that the plans for the crematorium must have been approved before construction as not breaching the rule.

Do consultees agree?

Consultation Question 51.

See paragraph 12.53 of the consultation paper. 

We provisionally propose removing the restriction on constructing a crematorium on the consecrated part of a local authority burial ground. 

Do consultees agree?