Statutory Archaeological Diligence Tool

Ancient Monument Consent Checker

Verify statutory compliance for properties containing or bordering Scheduled Monuments under theAncient Monuments and Archaeological Areas Act 1979 and NPPF Chapter 16 heritage rules.

Scheduled Monument & Archaeological Risk Assessment

Check Historic England National Heritage List for England (NHLE).

Even shallow ground disturbance on scheduled earthworks requires SMC.

Assessment: CRITICAL CRIMINAL RISKAMAA 1979 Section 2 / NPPF Chapter 16

Criminal Offence Risk: Section 2(1) Unauthorised Works

STRICT LIABILITY OFFENCE UNDER AMAA 1979: Carrying out any works resulting in demolition, destruction, damage, alteration, repair, or ground disturbance on a Scheduled Monument without prior Scheduled Monument Consent (SMC) is a criminal offence. Penalties in Magistrates' Court or Crown Court are UNLIMITED fines. Ignorance of scheduling is not a defence.
PERMITTED DEVELOPMENT RIGHTS REVOKED: Standard domestic permitted development rights (Town and Country Planning GPDO 2015 Class A extensions, Class E garden outbuildings) are automatically null and void within the curtilage of a scheduled monument.

Statutory Archaeological Action Plan & Historic England Protocol

  • 1Do NOT start any physical works, trenching, drainage installation, or wall repairs.
  • 2Submit a formal Scheduled Monument Consent (SMC) application directly to Historic England / Department for Culture, Media and Sport (DCMS).
  • 3Commission a certified Member of the Chartered Institute for Archaeologists (MCIfA) to prepare an Archaeological Desk-Based Assessment.
  • 4Expect statutory determination to take 8 to 13 weeks.

Legal Hierarchy: Scheduled Monuments vs Listed Buildings vs Conservation Areas

Heritage DesignationGoverning StatuteConsent AuthorityCriminal Offence for Works?
Scheduled MonumentAMAA 1979Historic England / DCMS (National)YES — Strict liability criminal offence (AMAA s.2)
Listed Building (Grade I, II*, II)Planning (LBCA) Act 1990Local Planning Authority (Council)YES — Criminal offence to alter without LBC (s.9)
Conservation AreaPlanning (LBCA) Act 1990 s.69Local Planning Authority (Council)Demolition restricted; standard works subject to planning enforcement

Purchasing a Character or Listed Property?

Verify historic alterations and statutory consents across our listed buildings and conservation area tools.

Statutory Guidance & Reference

Scheduled Monument Consent FAQs

Scheduled Monument Consent (SMC) is the statutory approval required under Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (AMAA 1979) before carrying out any works that demolish, destroy, damage, remove, repair, alter, or add to a scheduled monument, or any flooding or tipping operations on monument land. SMC is determined by the Secretary of State for Culture, Media and Sport, advised and administered directly by Historic England. Unlike planning permission or listed building consent, SMC is a national ministerial consent, not a local council decision.

Archaeological & Heritage Guides

Scheduled Monuments & Heritage Guides

Official regulatory answers referencing Acts of Parliament, RICS guidance, and statutory planning orders.

All 300 Statutory Guides
Town and Country Planning Act 1990

How to Find Out If a Tree Has a Tree Preservation Order (TPO)?

You can find out if a tree has a Tree Preservation Order (TPO) on your property by querying your Local Planning Authority (LPA) tree register or using our free Tree Preservation Order Checker. When buying a property, your conveyancer verifies TPOs via the official Local Land Charges register (LLC1) and standard Law Society CON29 inquiries.

Updated October 2026Read Guide
Town and Country Planning Act 1990 Section 210

What Is the Fine for Cutting Down a Tree with a Tree Preservation Order?

Under Section 210 of the Town and Country Planning Act 1990, cutting down, uprooting, or deliberately destroying a tree protected by a Tree Preservation Order (TPO) carries an unlimited fine in the Crown Court or up to £20,000 in a Magistrates Court. Courts can also confiscate development profits under the Proceeds of Crime Act (POCA).

Updated October 2026Read Guide
Town and Country Planning (Tree Preservation)(England) Regulations 2012

Can I Cut Down a Protected Tree If It Is Dead or Dangerous?

Yes, but you must give your Local Planning Authority at least 5 working days written notice before cutting down a dead or dangerous tree with a TPO under Regulation 14. If the tree poses an immediate, catastrophic threat to safety, you may carry out urgent remedial pruning, but you must retain comprehensive photographic and arboricultural proof.

Updated October 2026Read Guide
Town and Country Planning Act 1990 Section 211

What Are the Tree Preservation Rules in Conservation Areas?

In a designated UK Conservation Area, all trees with a trunk diameter exceeding 75mm (measured 1.5m above ground level) receive automatic statutory protection under Section 211 of the Town and Country Planning Act 1990. You must give your Local Planning Authority at least 6 weeks written notice before carrying out any work.

Updated October 2026Read Guide
Town and Country Planning Act 1990

Can a Neighbour Cut Branches from a Protected TPO Tree?

No. While common law normally allows neighbours to trim overhanging branches back to the boundary line, this right is legally overridden if the tree is protected by a Tree Preservation Order (TPO) or sits in a Conservation Area. A neighbour must obtain written council planning consent before cutting any part of a protected tree.

Updated October 2026Read Guide
Planning (Listed Buildings and Conservation Areas) Act 1990

How Do I Find Listed Building Consent Records in the UK?

To find listed building consent (LBC) records in the UK, search your local planning authority's (LPA) online planning register using the property's postcode or address, filtering by application type 'LBC' (Listed Building Consent). You can also look up the official List Entry Number (LEN) on the Historic England National Heritage List for England (NHLE) or Historic Environment Scotland. For works completed before digital registers were introduced in the late 1990s, conveyancers submit a formal Local Land Charges Search (LLC1 and CON29) to inspect microfiche or paper archives held by the county planning department.

Updated October 2026Read Guide