If you are planning any works that could affect a scheduled monument in Scotland, you need scheduled monument consent (SMC) from Historic Environment Scotland (HES). This is a separate consent regime from planning permission - having planning permission does not authorise works to a scheduled monument.
SMC applies to a very wide range of activities. Any works resulting in demolition, destruction, damage, removal, repair, alteration, addition, flooding, or covering up of a scheduled monument require consent, regardless of how minor they may seem. There is no de minimis threshold.
This guide explains how to check whether your site is scheduled, when you can rely on class consents, and how to apply for individual SMC.
When scheduled monument consent is needed
Before starting any construction, development, or land management activity, check whether your site includes or adjoins a scheduled monument. You can search the Schedule of Monuments on the HES portal or contact HES directly.
Works that may not need individual consent
Some categories of works benefit from class consents granted by Scottish Ministers. If your proposed works fall within a class consent, you do not need to apply for individual SMC - but you should still notify HES before commencing work.
How to apply for scheduled monument consent
If your works do not fall within a class consent, you must apply to HES for individual SMC. HES strongly recommends pre-application discussion before submitting a formal application.
-
1
Check whether the site is scheduled
Search the HES portal or the PastMap database to determine whether your site includes or is near a scheduled monument. The scheduled area may extend beyond the visible remains.
-
2
Contact HES for pre-application advice
Before submitting a formal application, contact the HES Heritage Directorate to discuss your proposals. Pre-application advice is free and can identify potential issues early.
-
3
Prepare supporting documentation
Gather a completed application form, detailed description of proposed works, plans and drawings showing the monument and proposed works, a method statement, and a heritage impact assessment where appropriate.
-
4
Submit the application to HES
Send your completed application and supporting documents to HES. There is no application fee. HES aims to determine applications within 2 months.
-
5
Wait for determination
HES may consult with the local planning authority, Scottish Government, or other bodies. Consent may be granted unconditionally, granted with conditions (such as archaeological recording), or refused.
-
6
Comply with any conditions
If consent is granted with conditions, ensure you understand and comply with all of them. Failure to comply with conditions is a criminal offence.
-
7
Begin works within the consent period
SMC is valid for 5 years from the date of grant. Works must commence within this period or you will need to apply again.
Penalties for unauthorised works
Carrying out works to a scheduled monument without consent is a serious criminal offence. Do not assume that minor or well-intentioned works are exempt.
What to do next
If your project also affects a listed building, check whether listed building consent is needed - though note that where a monument is both scheduled and listed, only SMC is required. If your project is near a garden or designed landscape on the HES Inventory, the planning authority must consult HES on any planning application.
For complex projects affecting multiple heritage assets, consider appointing a heritage consultant who can coordinate the various consent requirements.