Licence

Scheduled monument consent (England, Scotland and Wales)

You need a licence to carry out work that would demolish, damage, remove, repair, alter or add to a scheduled monument, or to carry out any flooding or tipping operations on land in, on, or under a monument

England, Wales and Scotland Issued by your council

What this covers

Environment conservation and wildlifeEnergy, gas and electricityBuilding and constructionArts and recreation

Why you need it

Parliament created it. The power to require it comes from Ancient Monuments and Archaeological Areas Act 1979.

What the Act carries

What our graph holds for Ancient Monuments and Archaeological Areas Act 1979 as a whole — the Act behind this licence, not the licence conditions themselves.

Duties on businesses
13
Penalties
14
Exemptions
12

Duties on businesses under the Act

  • Carry out unauthorised work on a scheduled monument s.2
  • Breach a temporary stop notice for a scheduled monument s.9M
  • Fail to comply with a scheduled monument enforcement notice s.9E
  • Fail to comply with a stop notice s.9J
  • Obstructing officials during enforcement works at a scheduled monument s.9D
  • Breach of public access regulations at ancient monuments s.19

… and 7 more business duties in the same Act.

What happens if you get it wrong

  • Damage or destroy a protected monument 2 years imprisonment
  • Director and officer liability for corporate offences 2 years imprisonment
  • Breach a temporary stop notice for a scheduled monument Unlimited fine
  • Carry out groundworks in archaeological areas without notice Unlimited fine
  • Carry out unauthorised work on a scheduled monument Unlimited fine

… and 9 more penalties in the same Act.

Exemptions that may take you outside it

  • Consent with fixed expiry date exempt from automatic 5-year lapse — The scheduled monument consent includes a provision specifying a fixed expiry date (i.e., it states the consent shall cease to …
  • Exemption from five-year expiration for scheduled monument consent — The scheduled monument consent specifically provides its own alternative expiration period
  • Exemption from Lands Tribunal powers for ancient monument agreements — The agreement is made under section 17 of the Ancient Monuments and Archaeological Areas Act 1979
  • Exemption from monument preservation terms upon disposal of land — The authority is satisfied that it is no longer practicable to preserve the monument (due to cost or otherwise)
  • Exemption from repaying compensation for low-value payments — The compensation paid was £20 or less

… and 7 more exemptions in the same Act.

Read our full dossier on Ancient Monuments and Archaeological Areas Act 1979

Who issues it

Your local council issues this. Councils apply the same statute but set their own fees, conditions and timescales.

Where to apply

Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.