Heritage protection and management in Scotland

Many different types of historic buildings and places and archaeological sites and monuments in Scotland are legally protected as nationally protected historic places, which ensures that decisions about changes to those sites are carefully considered.  Many more sites are identified and considered in detail through the planning system.      

Decisions about heritage protection are made within an established policy framework. National policy for the historic environment is set out in the Historic Environment Policy for Scotland (HEPS). HEPS should be taken into account whenever a decision will affect the historic environment. This includes decisions on plans, policies, designations and proposed changes.

Historic Environment Policy for Scotland

Protected historic places at a national level are: 

• Scheduled monuments

• Listed buildings

• Inventory gardens and designed landscapes

• Inventory historic battlefields

• Historic Marine Protected Areas

These places have a degree of legal protection. The level of protection and how a protected historic place is managed varies depending on the specific laws and policies which apply. 

Find out more about protected historic places

Some protected historic places are also designated at an international level.

World Heritage Sites are cultural and/or natural sites considered to be of ‘Outstanding Universal Value’. They've been inscribed on the World Heritage List by the World Heritage Committee of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

World Heritage Sites in Scotland

Some military remains are given protection under the Protection of Military Remains Act 1986 administered by the UK Ministry of Defence.  

All military aircraft wrecks are automatically designated under this law. Vessels may be designated as either a protected place or a Controlled Site. Divers can visit a vessel designated as protected place on a ‘look but don’t touch’ basis. Divers may not visit a Controlled Site without a license.

Protection of Military Remains Act

Local authorities can designate Conservation areas. Conservation areas have special architectural or historic interest that are considered worthy of protection. They are varied in character, ranging from the historic core of our cities and towns to isolated rural settlements or landscapes. 

Local authorities can also designate Local Landscape Areas. These are spread across Scotland and local development plans show their location. They reflect the values that communities attach to their local places and the social, economic and environmental benefits they provide. Designation informs their care and management, and contributes to our environmental stewardship for the future. 

Landscape and the historic environment

Most of our historic environment is not recognised by national or local designations but is protected through the planning system. Local authorities and key agencies including Historic Environment Scotland have statutory functions within the planning system as part of their responsibilities for the historic environment. Planning authorities determine planning applications and listed building consent applications. 

We collectively have a duty of care for our historic environment. The planning system helps to maintain and enhance Scotland’s distinctive historic places. The National Planning Framework aims to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. The Historic Environment Policy for Scotland is also a material consideration for planning proposals that might affect the historic environment. 

Our role in planning

Investigation, surveying and archaeological evaluation and excavation are important to the management of our historic environment.  

Impacts from change and developments are often controlled through the planning and consent system however, where it has been accepted that some degree of loss is acceptable, compensatory measures may be identified that offset that loss. Such compensatory measures can include the recording of a building before works or demolition, or a programme of archaeological works to record an archaeological site impacted by a development. Such works are often required through planning conditions and are administered by local government archaeological officers. 

HES also plays a role in the recording of threatened buildings through planning. More broadly HES surveys Scotland’s archaeological and industrial sites and its architecture.

Recording the historic environment

Many local authorities maintain local Historic Environment Records (HERs), which record the known sites and places in their area.

HERs are a source of information for understanding the local historic environment and exist alongside our National Record of the Historic Environment. The inclusion of a site on an HER gives it formal recognition in the planning process, and local planning authorities take account of this when drawing up development plans and reaching planning decisions.  

New sites and places continue to be identified and it is important that these are added to HERs and the NRHE. New information improves our understanding of the historic environment and means that better decisions can be made. This helps to make sure that the right sites are designated and that all aspects of our historic environment are properly considered when change is happening. Both protected historic place records and NRHE records can be accessed by everyone, by searching trove.scot.

Scotland has law that regulates portable antiquities or ‘found items’ from anywhere in Scotland. Such finds which are not otherwise owned and for which there is not a demonstrable heir are the property of the Crown. Found portable antiquities must be reported to the Crown by the finder through the Treasure Trove. Landowners have no property rights to portable antiquities, and finders have no ownership rights to found objects which have not been reported through Treasure Trove. 

If you find what you believe to be human remains contact Police Scotland in the first instance. Recovered wreck should be reported to the Receiver of Wreck.

More on reporting finds