What needs consent?

Most works on scheduled monuments need scheduled monument consent from Historic Environment Scotland. This includes repairs. 

Works requiring consent are defined as: 

• any works resulting in demolition, destruction or damage to a scheduled monument 

• any works for the purpose of removing or repairing a scheduled monument or making alterations or additions 

• any flooding or tipping operations in, on or under land where there is a scheduled monument

Anyone can apply for scheduled monument consent. But ownership notification is an important part of the application process if you’re not the monument’s sole owner. Where consent is granted, you will also need the owner’s permission before carrying out any works. 

There is no charge to make an application for scheduled monument consent. 

Crown bodies are not required to apply for scheduled monument consent. Instead, such bodies should apply to Historic Environment Scotland for scheduled monument clearance. 

The scheduled monument consents process

Here are some examples of works to scheduled monuments that will require scheduled monument consent. This is not an exhaustive list. 

Demolition, destruction or damage

This covers any works resulting in the demolition or destruction of, or any damage to, a scheduled monument. This includes:

• Excavation of any part of a monument, regardless of the size of the excavation  

• Removal of all or part of a scheduled monument  

• Insertion or repair of drainage

Additions, alterations or removals

This includes any works for the purpose of removing or repairing a scheduled monument or any part of it, or of making any alterations or additions to it . For example:

• Consolidation works to a monument 

• Removal of material, soil or structures from a scheduled area 

• Felling or planting of trees

• Erection, removal or replacement of fencing, signposts or information boards 

• Construction of new paths or temporary installations, like polytunnels

Flooding or tipping

Any flooding or tipping operations in, on or under land where there is a scheduled monument . This includes:

• Diverting a drain outside of a scheduled area, flooding all or part of a monument 

• Altering the flow of a stream or river, flooding all or part of a monument 

• Importing topsoil or other materials into the scheduled area, either temporarily or permanently 

Metal detecting and many other survey techniques need a different permission called metal and mineral detecting consent. Below you can see what consent, if any, is needed for the main survey techniques. 

When you need one of these permissions, you must have written consent in place before you begin. It’s a criminal offence to use a technique needing SMC or MMDC in a scheduled monument area without first obtaining the relevant consent. 

If you plan to conduct a survey that doesn’t require consent, you don’t need to tell us in advance. (You should, of course, inform the owner or occupier.) But it can be very useful for us to know that such work will be taking place. We’d also appreciate receiving a copy of your results. 

More about metal and mineral detecting consent

This is not an exhaustive list. If you have any questions, please contact us.

Survey methods which require metal and mineral detecting consent

• Magnetometry/gradiometry surveys

• Metal detecting

• Ground penetrating radar

Survey methods which require scheduled monument consent

• Magnetic susceptibility (sampling)

• Magnetic fishing

• Seismic survey

• Field walking (surveying ploughed land for surface artefacts)

• Insertion of survey markers or probes (temporary or permanent) below the depth of the current topsoil

• Excavation on any scale

Survey methods which do not require consent

• Topographic 

• Resistivity 

• Magnetic susceptibility (field coil) 

• LiDAR survey

For more information or if you have any questions, please email us at hmenquiries@hes.scot or contact us by phone on 0131 668 8716