Update to Burial and Cremation Legislation to improve public safety in Moray cemeteries
Moray Council is preparing for new national requirements under the Burial and Cremation (Scotland) Act 2016, which came into force from 1 March 2026.
The changes introduce a 25‑year limit on the exclusive right of burial for all new lairs purchased from 1 March 2026. Meaning when a new plot is bought, the owner will have the right to use it for 25 years. After the 25 years are up, the family can choose to keep the plot for longer by renewing it for 10 years at a time.
The legislation also requires all burial authorities to carry out regular, scheduled inspections of headstones to ensure cemeteries remain safe for visitors, staff and contractors. To meet this duty, the Council will introduce a dedicated headstone inspection team and has approved a new Headstone Inspection Policy.
The move will significantly improve inspection frequency across Moray’s 63 cemeteries and help address the rising number of headstones requiring assessment and follow‑up checks.
Chair of the Economic Development and Infrastructure Services Committee, Cllr Marc Macrae said after the committee: “These new requirements are an important step in modernising how burial grounds are managed across Scotland. Our priority is to make sure that Moray’s cemeteries remain safe, respectful places for families and visitors. Creating a dedicated inspection team means we can meet our legal responsibilities while giving the public confidence that headstones are being properly checked and maintained.”
Costs for the improved inspection process and the creation of the new team are already built into the service’s cost‑recovery model, meaning no additional impact on burial fees for 2026/27.
Moray Council will continue to work with funeral directors, memorial masons and families to ensure they are aware of the changes.
Link to the full committee report is here.