Heritage offences and penalties in Scotland

Guide summary

You must get scheduled monument consent before any work on a scheduled monument, and listed building consent before any work affecting the character of a listed building. Carrying out unauthorised works is a criminal offence with penalties of an unlimited fine, up to 2 years in prison, or both. Directors and officers of a company can also be personally liable. Enforcement notices can be issued at any time with no time limit.

Get scheduled monument consent before any works
Get listed building consent before works affecting character
Check the listed buildings register before starting work
If urgent safety work is needed, notify HES or planning authority as soon as possible
Unlimited fine or up to 2 years in prison on conviction
Directors and officers can be personally liable for company offences
Enforcement notices can be issued at any time – no time limit
Comply with enforcement notice within at least 28 days
Appeal an enforcement notice to Scottish Ministers within 28 days

Criminal offences and penalties for unauthorised works to heritage assets in Scotland.

Scheduled monument offences

Listed building offences

Enforcement powers

Local planning authorities have broad powers to enforce heritage protection through formal notices. There is no time limit for issuing listed building enforcement notices.

For step-by-step guidance on applying for the relevant consent, see Apply for scheduled monument consent, Apply for listed building consent, or Working in conservation areas.

Legal basis

Primary legislation and key regulations

PLBCASA 1997 Primary 1997 · Scotland Ancient Monuments and Archaeological Areas Act 1979 Primary 1979 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Ancient Monuments and Archaeological Areas Act 1979 (opens in a new tab)

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (opens in a new tab)

HES enforcement guidance (opens in a new tab)

www.historicenvironment.scot

Looking after scheduled monuments | Historic Environment Scotland (opens in a new tab)

HES

Wild camping | Historic Environment Scotland (opens in a new tab)

HES

Heritage crime and scheduled monuments | Historic Environment Scotland (opens in a new tab)

HES

Examples of heritage crime | Historic Environment Scotland (opens in a new tab)

HES

The compliance process | Historic Environment Scotland (opens in a new tab)

HES

Work happening without consent | Historic Environment Scotland (opens in a new tab)

HES

Heritage offences and penalties in Scotland

Scheduled monument offences

Listed building offences

Enforcement powers

Legal basis

Official guidance

Related guides in Compliance & Legal

Apply for scheduled monument consent in Scotland

Apply for listed building consent in Scotland

Working in conservation areas in Scotland

Understanding heritage protection in Scotland

Scottish heritage compliance checklist for construction