Is Water Cremation Legal in the UK?

Detailed Explanation

Water cremation, also called alkaline hydrolysis, resomation or, in Scotland's law, simply hydrolysis, uses warm water and alkali instead of flame. The family still receives ashes, and the funeral itself can look the same. For how the process works and how it compares with flame cremation, see what is water cremation (aquamation).

In the UK the answer depends entirely on which nation the death happens in, because burial and cremation law is devolved.

Scotland: legal since March 2026

Two sets of regulations came into force on 2 March 2026: the Hydrolysis (Scotland) (No. 1) Regulations 2026 and the Hydrolysis (Scotland) (No. 2) Regulations 2026, made under the Burial and Cremation (Scotland) Act 2016. They treat hydrolysis much like cremation:

• Applications. The family (usually through the funeral director) makes an application for hydrolysis, with forms modelled on the cremation forms.
• Remains. The Scottish Government says the rules for handling and returning the powder after hydrolysis are the same as those for ashes after cremation.
• Oversight. Operators, known as hydrolysis authorities, must register with the Funeral Sector Register and are open to inspection under the 2016 Act, just as crematoria are.
• Funeral Support Payment. The regulations also amend the Funeral Expense Assistance (Scotland) Regulations 2019 to take account of hydrolysis. If you're relying on that payment, check with Social Security Scotland how it applies.

The regulations were the result of two public consultations, in 2015 and 2023. The Scottish Government reported strong public support for the change.

Is anywhere in Scotland offering it yet?

This is the practical question, and the answer may change month to month. Before a facility can take its first application, the operator must notify the Inspector at least three months ahead, and it needs planning permission and either trade effluent consent from Scottish Water or discharge approval from SEPA. When the regulations were laid in December 2025, the Scottish Government said the first hydrolysis was likely in 2026, once all consents were obtained.

So being legal doesn't guarantee a facility exists near you. Ask a funeral director whether any Scottish facility is operating and taking applications.

England and Wales: not yet

In England and Wales, new funerary methods such as water cremation aren't regulated, other than by general laws like environmental and planning law. The Law Commission says using them may be prohibited by the law on death registration, but that the position is unclear. In practice, no one offers it.

That may change, but slowly. After consulting in 2025, the Law Commission published its report on 4 June 2026 with two draft Bills, the New Funerary Methods (England) Bill and the New Funerary Methods (Wales) Bill. They would create a framework that lets the Secretary of State and the Welsh Ministers approve particular methods by regulations, with requirements on dignity, environmental protection and public health, and criminal offences for using unapproved methods. The Law Commission deliberately made no recommendation on water cremation itself. That decision is left to government.

Until a Bill passes and water cremation is specifically approved, it is not an option for a death in England or Wales. The only exception would be arranging it in Scotland (see the FAQ below) or abroad, both of which are complex.

Northern Ireland

Neither the Scottish regulations nor the Law Commission's proposals apply in Northern Ireland, which has its own burial and cremation law. We found no framework for water cremation there as of 2026.

Things to Consider

• Write the wish down with a fallback. Given how uncertain availability is, a line like "water cremation if available in Scotland; otherwise the simplest cremation" saves your family a hard decision. See how to record your funeral wishes.
• Travelling to Scotland is a big step. Even where the law permits it, transport and paperwork add time and cost. Ask whether it really serves what the wish was about.
• An available alternative may meet the same values. Natural burial is widely available across the UK and appeals for similar reasons; see what is a natural burial.
• Faith and family views matter. Some people find water cremation gentler than flame; others are uneasy about the process. Talk it through early.

Common Mistakes

• Assuming Scotland's law applies across the UK. It covers Scotland only.
• Treating the Law Commission report as a change in the law. It's a set of recommendations and draft Bills. Nothing changes in England or Wales until Parliament and the Senedd act, and ministers then approve specific methods.
• Assuming a Scottish facility is open because the regulations are in force. Operators still need several consents before they can begin; confirm before planning around it.
• Relying on overseas providers' descriptions. Information from US or Australian providers describes their own laws, not the UK's.