Wales’ 22 councils currently have responsibility for all cemeteries presently in use.
As an example, Flintshire council is responsible for the upkeep of more than 20,000 gravestones and memorials of varying shapes and sizes, all of which are examined once every three years.
Fixing hundreds in need of remedial work currently costs the local authority thousands of pounds.
It is a time of financial hardship for local authorities, with many struggling to maintain essential services.
Flintshire council leader Dave Hughes warned his authority faced a threat of bankruptcy and a lot of Welsh councils are in the same position.
The Welsh Local Government Association (WLGA) – which represents Wales’ 22 councils – said it “recognised the importance of maintaining community cemeteries”.
However, it added: “Councils are already under significant financial pressure.
“Any proposals to transfer additional responsibilities, such as the maintenance of closed cemeteries, must be accompanied by full and sustainable funding to ensure that it can councils to carry out these duties without affecting other essential services.”
Prof Nick Hopkins of the Law Commission said: “Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations.”
It is an issue which is not devolved, and it is being looked at for sites across Wales and England.
Ministry of Justice Parliamentary Under-Secretary of State Alex Davies-Jones encouraged people to take part in the consultation.
“We await with interest the Law Commission’s recommendations, in due course, on the most appropriate framework to provide modern, consistent regulation for burial and cremation,” said the Pontypridd MP.
The consultation will be live until 9 January 2025, external.