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.
Criminal Offence Risk: Section 2(1) Unauthorised Works
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 Designation | Governing Statute | Consent Authority | Criminal Offence for Works? |
|---|---|---|---|
| Scheduled Monument | AMAA 1979 | Historic England / DCMS (National) | YES — Strict liability criminal offence (AMAA s.2) |
| Listed Building (Grade I, II*, II) | Planning (LBCA) Act 1990 | Local Planning Authority (Council) | YES — Criminal offence to alter without LBC (s.9) |
| Conservation Area | Planning (LBCA) Act 1990 s.69 | Local 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.
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.
Scheduled Monuments & Heritage Guides
Official regulatory answers referencing Acts of Parliament, RICS guidance, and statutory planning orders.
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.
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).
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.
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.
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.
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.