Changes to duration of burial lair purchase
From 1 March 2026 new national rules under the Burial and Cremation (Scotland) Act 2016 changed how long a right of burial lasts in Scotland.
From this date, any new lair purchased will come with a 25-year right of burial.
These charges apply to all burial authorities across Scotland.
Frequently asked questions
What does 'right of burial' mean?
A right of burial means the legal right to use a lair (grave or plot) for burial.
What does this mean for the public?
A new right of burial will last for 25 years. After 25 years, it may be renewed for 10 years at a time.
There is no limit to the number of renewals, subject to approval by us.
A renewal can only be completed by the current lair holder, or by a person to whom the right has been formally transferred through our Transfer of Burial process.
When might a renewal be refused?
Renewal would only be refused in limited circumstances. For example, if the lair holder of the right to burial has died and the right has not been transferred in accordance with the required process, the right automatically returns to us.
What happens if the right of burial is not renewed?
The right of burial will expire. No further burials may take place in that lair.
No new memorial may be installed, and no additional works may be carried out on an existing memorial.
If the lair has not been used, we may sell it again.
If the lair has been used, it may be considered for reuse in accordance with Scottish legislation. Please be assured that anyone already laid to rest will remain undisturbed and will continue to be treated with dignity and respect.
Who will contact you before your burial right expires?
We will contact the lair holder at least three months before the right is due to expire. It is important that contact details are kept up to date.
We will advise you:
- When the right of burial expires
- How to renew it
- What happens if you choose not to renew
Who do these changes apply to?
These rules apply only to burial rights purchased on or after 1 March 2026.
We recognise that arranging a funeral can be a difficult and emotional time. Your Funeral Director will guide you through the process, including the purchase of a right to burial.
If you have any further questions, please contact the Bereavement Services Team online.