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In Scotland, discovering an archaeological site does not automatically make it a scheduled monument. Protection can begin through recording and the planning system; Historic Environment Scotland (HES) can separately assess a place for national designation. If a site is scheduled, damaging it or carrying out works without the required permission is an offence. The right next step depends on whether the discovery is a place, an archaeological object or human remains.
What happens when a site is discovered?
A discovery may come from fieldwork, public observation, historical research or remote survey. It is a starting point for assessment, not an automatic legal designation. HES assesses whether a place meets the criteria for protection and gives priority to undesignated places at risk of loss or damage.
For example, HES described how a member of the public identified three previously unknown prehistoric earthwork sites using publicly available 3D mapping based on airborne laser scanning, also called lidar. HES visited the sites, researched them and compared them with similar places before recognizing their significance. The example shows one route from discovery to assessment; it does not mean that every public identification or lidar observation will lead to designation. HES’s account of the discoveries was published on 26 January 2026.
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How records and planning decisions help protect sites
Local records inform planning
Many local authorities maintain Historic Environment Records (HERs). HES says that inclusion in an HER gives a site formal recognition in the planning process. Planning authorities take these records into account when preparing development plans and deciding applications. A record is not the same as statutory designation, but it helps decision-makers identify places that may need protection or investigation.
National records add and share information
HES’s National Record of the Historic Environment (NRHE) consolidates information nationally. Its records are accessible through Trove, and anyone can propose a new NRHE record or suggest an upgrade to an existing one. HES recording teams use documentary research and field investigation to establish a place’s nature and extent, then evaluate and publish the information. See HES guidance on recording and surveying.
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Planning conditions can require archaeological work
Most of Scotland’s historic environment does not have national or local designation, but it can still be considered through the planning system. Planning authorities determine applications; local authorities and HES have statutory functions in that system. The Historic Environment Policy for Scotland is a material consideration for relevant proposals.
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Where development impacts are accepted, planning or consent processes may require archaeological evaluation, excavation or recording as a condition. Local-authority archaeological officers often administer this work. It can document a site or mitigate the effects of development; it does not necessarily prevent physical loss.
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What scheduling changes
HES is responsible for national designations including scheduled monuments. It decides whether a site meets the designation criteria; a request alone does not confer protected status. HES may consult on a proposed addition or change, normally including the planning authority and owners or occupiers, and notifies them of its decision.
In its January 2026 example, HES scheduled three newly identified prehistoric sites in Perth and Kinross and East Lothian: a Bronze Age barrow, an Iron Age fort and an Iron Age settlement. HES says the places are protected under the Ancient Monuments and Archaeological Areas Act 1979. Once a monument is scheduled, works require the relevant permission through Scheduled Monument Consent, administered by HES. HES states that unauthorised works and damage to a scheduled monument are offences. These rules do not automatically apply to every newly discovered or undesignated site. See HES guidance on heritage crime and scheduled monuments.
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What to do depends on what you have found
| Discovery or situation | What to do | Relevant route |
|---|---|---|
| A possible archaeological site or place | Check existing records and, if appropriate, ask HES to consider designation or propose a national-record addition. | HES Designation Request or NRHE recording guidance |
| A suspected archaeological object | Report it to the Treasure Trove Unit within one month, using the reporting form and images. | HES reporting-finds guidance |
| Suspected human remains | Contact Police Scotland immediately. Do not touch the remains or disturb nearby ground. | HES guidance on reporting finds and human remains |
| Works proposed at a scheduled monument | Check whether Scheduled Monument Consent is required before carrying out work. | HES scheduled-monument guidance |
Nearly all archaeological finds in Scotland fall under Treasure Trove. Finding a portable antiquity does not, by itself, give the finder ownership rights. If remains are found on a development site, HES says the developer is responsible for informing the police; the planning authority supervises the handling of ancient burials. Full instructions are in HES’s reporting guidance.
How to check whether a place is already protected
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Search HES’s protected-place map and Trove, and check the relevant local records, to see whether the place is already designated or recorded. HES designation guidance and recording guidance explain these routes.
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If the site appears undesignated but may be at risk, submit a designation request to HES. Include the available location and supporting information; HES assesses requests individually and prioritizes undesignated sites at risk.
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If the concern is a new or incomplete national record rather than an urgent designation decision, propose an NRHE entry or an upgrade through HES’s recording and surveying process.
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If development is proposed, contact the relevant planning authority. Its planning process may require archaeological evaluation or recording, even when the site is not scheduled.
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