The Tool Desk
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What happens when a site is discovered?
A discovery may come from fieldwork, historical research, remote survey or a member of the public. The next steps depend on what was found, whether the place is threatened and whether it already has legal protection. Reporting a discovery is important, but it does not itself confer scheduled status.
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HES accepts requests to consider places for designation. It assesses each request individually, taking account of factors such as likely development impacts, the scale and timing of change, whether an undesignated place is at risk, community interest and the quality of information available. HES says undesignated sites at risk of loss or damage are its highest priority for review. HES explains its designation process and criteria.
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Local Historic Environment Records
Many local authorities maintain Historic Environment Records (HERs). HES says inclusion in a local HER gives a site formal recognition in the planning process. Planning authorities take those records into account when preparing development plans and deciding applications. An HER entry is not the same as statutory designation, but it helps decision-makers identify places that may need investigation or protection. HES outlines how heritage is considered in planning.
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The national record
HES also maintains the National Record of the Historic Environment (NRHE), with information available through its Trove service. Its recording teams use documentary research and field investigation to establish a place’s nature and extent, then evaluate and publish the findings. Anyone can propose a new NRHE record or suggest an upgrade to an existing one. Recording helps evidence inform decisions; by itself, it does not create the legal protections of scheduling. See HES guidance on recording and surveying.
Archaeology as a planning condition
Most of Scotland’s historic environment is not covered by a national or local designation, but it can still be considered through the planning system. Planning authorities determine applications, with local authorities and HES having statutory functions in that process. The Historic Environment Policy for Scotland is a material consideration for relevant proposals.
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Where a development’s effects are accepted, a planning condition may require archaeological evaluation, excavation or recording. Local authority archaeological officers often administer this work. It can document a site or mitigate the effects of change; it does not necessarily prevent physical loss.
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When does a site become legally protected?
HES is responsible for national designations including scheduled monuments. It decides whether a place meets the relevant criteria and how a case is prioritized. HES may consult on a proposed addition or change, normally including the planning authority and the owners or occupiers, and notifies them of its decision. A designation request can be submitted through HES’s designation process, but a request is not a guarantee of designation.
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Once a monument is scheduled, a distinct legal regime applies. HES administers Scheduled Monument Consent, and it says damage to a scheduled monument or carrying out works to one without permission are offences. These rules do not automatically apply to every newly discovered or undesignated site. Check the site’s status and whether consent is needed before carrying out work. HES guidance covers heritage crime and scheduled monuments.
A recent example
In a case published on 26 January 2026, HES described three previously unknown prehistoric sites in Perth and Kinross and East Lothian: a Bronze Age barrow, an Iron Age fort and an Iron Age settlement. After visiting and researching them and comparing them with similar sites, HES recognized their national importance through scheduling. The barrow is about 30 metres in diameter and up to 5 metres high; the fort enclosure is about 46 by 26 metres; and the settlement measures about 98 by 71 metres. These are measurements of those specific sites, not general figures about Scottish discoveries. Read HES archaeologist Dr Kirsty Millican’s account.
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What to do if you find something
The right route depends on whether the discovery is a place, an archaeological object or possible human remains. Do not treat every discovery as a matter for the same authority.
| What you found | What to do | Relevant process |
|---|---|---|
| A possible archaeological site | Check whether it is already recorded or scheduled. You can propose a record or upgrade for the NRHE, or ask HES to consider designation. | HES recording or designation; planning authority if development is involved. |
| A suspected archaeological object | Report it to the Treasure Trove Unit within one month, using the reporting form and images. | Treasure Trove. |
| Suspected human remains | Contact Police Scotland immediately. Do not touch the remains or disturb nearby ground. | Police; on development sites, the developer is responsible for informing police, and the planning authority supervises handling of ancient burials. |
HES says nearly all archaeological finds in Scotland fall under Treasure Trove. Finding a portable antiquity does not by itself give the finder ownership rights. Its reporting guidance sets out the process for objects and human remains.
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How to check whether a place is already protected
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Search HES’s protected-place map and Trove to see whether the location appears in existing records.
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Check the relevant local authority’s Historic Environment Record, particularly if a planning application or development is involved.
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If the site is scheduled, check with HES whether proposed work requires Scheduled Monument Consent before proceeding.
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If the place is not scheduled but appears significant or at risk, provide HES with information through its designation request process; for recording, propose a new NRHE entry or an update.
Recording, planning controls and designation serve different purposes. Together they help authorities identify sites, weigh their significance and respond to threats, but not every discovery becomes a scheduled monument and archaeological recording does not always prevent a site from being altered or lost.
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