1 Introduction
Across the organisation, Historic Environment Scotland (HES) is guardian of over 300 Properties in Care. Of these, more than a quarter contain burial ground(s) which, at various points in history, have served as sites of interment for human remains.
These properties include a diverse range of burial contexts, such as ancient sites believed to have functioned as ceremonial cremation or burial locations - for example, Taversoe Tuick Chambered Cairn, which is understood to be a sacred site of unconfirmed religious origin. They also encompass more recent or historically defined burial grounds, such as St Andrew’s Cathedral or the Jarlshof cemetery, used for the interment of seamen recovered along the coast.
This wide spectrum of funerary heritage reinforces HES’s role as both guardian and custodian of culturally significant and potentially sacred landscapes. It also necessitates ongoing review of access, commemorative practice, and the application of relevant burial legislation to ensure respectful, legally compliant management of these spaces.
2 Right to Burial
Certain Properties in Care contain designated burial grounds where individuals may hold a legal Right to Burial, allowing them to request the interment of human remains or cremated remains within a casket.
If you believe you may qualify and wish to make a formal interment request, please email the Land and Property Management Department
Applicants must submit the following documentation:
- Proof of the Right to Burial
- Completed BF1 Statutory Form
Upon receipt, HES will review your application and determine whether it can progress to Scheduled Monument Consent. In cases where environmental surveys or lair depth testing are required, applicants will be responsible for the associated costs. These fees are non-refundable.
Required Consents for Burial Include:
- Scheduled Monument Consent
- HES Internal Consent
- Scottish Ministers’ Consent
- Landowner Consent (where applicable)
While HES will strive to minimise bureaucratic delays, it is important to note that due to statutory obligations, the process may take approximately 12 weeks or longer. For this reason, the procedure is most suitable for the interment of cremated remains within a casket.
Evidence of Right to Burial
To support your application for interment at a Property in Care, applicants must submit evidence of their Right to Burial in one or more of the following accepted forms:
- Lair Certificate
- Right to Burial Certificate
- Will
- Title Deed
- Other legal documentation confirming burial rights
BF1 Form
From 1 March 2025, the Scottish Government requires the use of new statutory burial application forms under The Burial (Applications and Register) (Scotland) Regulations 2024. These forms are mandatory for all burial applications submitted from that date onward. The form include guidance notes to assist applicants.
3 Burial Registers
We are actively working to digitise Burial Registers provided upon the acceptance of Properties in Care. However, it is important to note that submission of such records was not a mandatory requirement at the time guardianship arrangements were historically formalised. As a result, HES does not currently hold a complete set of Burial Registers, and in some instances, records may have been lost or destroyed.
Accessing Burial Register Information
If you require details from a Burial Register to complete the BF1 Statutory Form, please email landandpropertymanagement@hes.scot including the name of the property and burial ground in question, along with any known lair or plot details.
If HES does hold the relevant Burial Register, we will assist accordingly. Where further research or archival visits are required, this may be offered as a chargeable service.
Where records are unavailable
Should HES not possess the necessary Burial Register, applicants are encouraged to pursue their enquiry through the following channels if their request is urgent:
- National Records of Scotland
- Local Authority Archives
4 Genealogy Research Service
We don't currently provide genealogical services, due to limitations in public funding and resource availability.
Individuals seeking support with ancestral research are encouraged to explore commercial genealogy providers, many of whom offer specialist services tailored to burial and family history enquiries.
There are also a variety of online subscription-based platforms offering access to archival material, including digitised catalogues held by the National Records of Scotland (NRS).
5 Scattering of ashes & Memorial benches
We are currently reviewing our procedures and shall produce a policy concerning the scattering ashes and memorial benches at our properties in care. This process ensures HES provides fair and transparent processes which align with other public bodies.
We fully recognise the personal significance of these requests and sincerely apologise that we are not able to permit the scattering of ashes or installation of memorial benches at this time. We appreciate your understanding and patience as we work to update our procedures in accordance with evolving best practice and our commitment to protecting the national monuments in our care.