Burial services and memorials

From 1 March 2026, new national rules under the Burial and Cremation (Scotland) Act passed by the Scottish Government will change how long a Right of Burial lasts. A Right of Burial means the legal right to use a lair (grave or plot) for burial.

The length of time a Right of Burial lasts for new lairs will change from 100 years to 25 years. These rules apply to all burial authorities across Scotland. You can find more information about these changes on the legislation.gov.uk website under section 14 to 16.

A Right of Burial means the legal right to use a lair (grave or plot) for burial

• 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 East Lothian Council
• a renewal can only be completed by the current lair holder - or by a person to whom the right has been formally transferred through East Lothian Council’s Transfer of Burial process

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 East Lothian Council.

If the Right of Burial is not renewed:

• the Right of Burial expires
• 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, East Lothian Council 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.

East Lothian Council will contact the lair holder at least 3 months before the Right of Burial 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

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, contact the Bereavement Services Team: bereavement@eastlothian.gov.uk

Or book an appointment with us at John Muir House, Haddington during office hours:

• Monday to Thursday: 9am to 5pm
• Friday: 9am to 12:30pm