Scheduled monument consent

Once a monument is scheduled, the prior written consent of Scottish Ministers is required for most works, including repairs. This is called scheduled monument consent (SMC). The presumption of scheduling is that any future works will be the minimum necessary consistent with the preservation of the monument.

A legal process known as class consents allows certain works to take place without the need for SMC.

The Ancient Monuments and Archaeological Areas Act 1979

Any person carrying out unauthorised works or allowing unauthorised works to be carried out on a scheduled monument without consent is guilty of an offence. Works are defined as: anything resulting in the demolition or destruction of a scheduled monument; any works for the purpose of removing or repairing a scheduled monument; or any flooding or tipping operations. If in doubt, seek advice from Historic Scotland.

If a monument is both listed and scheduled, only SMC is required for any work. However, listed building consent may still be required for any structures outside the scheduled area. Your local authority will be able to advise you.

How do you apply?

You apply for SMC by completing a form that asks for details of the monument, the owner (who may not be the person applying for consent) and the proposed works. The form is available on this page or from the Historic Scotland Inspectorate. You should provide enough information to allow the proposed works and their impact upon the monument to be understood, including a map showing the location of the works. It is best to discuss your proposals with the area inspector before submitting an application for consent. Historic Scotland does not charge for applications or advice.

If we need further information, Historic Scotland will ask you to submit this before reaching a view. Our careful consideration may include a visit from a member of our staff to inspect the monument and/or discuss the application. Historic Scotland will consult the other owner(s) if you are not the sole owner.

There is a supplementary form, available on this page, for excavations which must be completed by those applying for consent to carry out excavation in advance of works within a scheduled area.

How long will the process take?

Historic Scotland will then issue a provisional view to the applicant and other interested parties (normally within five weeks of receipt of application): grant consent, grant consent with conditions, or refuse consent. Unless there are any objections, the full consent follows 28 days after this.

Each application is considered on its own merits. While there is no appeal against scheduling, if Historic Scotland is minded to refuse SMC, an applicant can have the case heard by an independent Reporter.  The final decision is then taken by Scottish Ministers without the further involvement of Historic Scotland.