Metal detecting on scheduled monuments: the law and Section 42

Most detecting law is about what you do after you find something. Scheduled monuments are different. Here the offence is switching the machine on.

And the landowner can’t fix it. A farmer can give you permission for every field they own. If one of those fields holds a scheduled monument, you still need written consent from the state.

What the law says

In England, the rule is section 42 of the Ancient Monuments and Archaeological Areas Act 1979. It makes it an offence to use a metal detector in a “protected place” without the written consent of Historic England (the Act calls it “the Commission”).

Two words do the work:

• Metal detector means “any device designed or adapted for detecting or locating any metal or mineral in the ground”. Historic England says that includes geophysical survey equipment.
• Protected place means the site of a scheduled monument, or of any monument owned or looked after by the Secretary of State, Historic England or a local authority. It also covers anywhere in an area of archaeological importance.

There are five areas of archaeological importance. Historic England lists them as the historic centres of Canterbury, Chester, Exeter, Hereford and York.

Section 42 creates two separate offences:

Offence	Penalty under the Act
Using a metal detector in a protected place without written consent	Fine up to level 3 on the standard scale, on summary conviction
Removing an object of archaeological or historical interest found with a detector in a protected place, without written consent	Fine up to the statutory maximum summarily, or a fine on indictment

Breaking the conditions of a consent is an offence too.

The two defences

The Act gives you two ways out of the first offence, and only two.

1. You weren’t looking for archaeology. It’s a defence to prove you used the detector for some other purpose than detecting or locating objects of archaeological or historical interest.
2. You checked, and had no reason to know. It’s a defence to prove you took all reasonable precautions to find out whether the place was protected, and didn’t believe it was. This defence covers the removal offence too.

Read the second one carefully. The burden is on you to prove you checked. “Nobody told me” is not the same as “I looked it up, and it wasn’t there.” Do the checking before you go, and keep a note of it.

Wales: section 60, not section 42

Wales now has its own Act. Section 60 of the Historic Environment (Wales) Act 2023 makes the same two offences, plus breaching consent conditions. Consent comes from the Welsh Ministers, and Cadw handles it.

The Welsh definition of a protected place is the site of a scheduled monument, or of a monument owned or looked after by the Welsh Ministers or a local authority. The defences mirror the English ones. So do the fines: up to level 3 for using a detector, and a fine on summary conviction or indictment for removing objects.

Cadw’s guidance is blunt. Metal detecting, it says, “is not a suitable technique to use on scheduled monuments”, because digging finds out strips them of their archaeological context. It adds that the rule covers underwater detecting as well as on land.

Scotland: Metal and Mineral Detecting Consent

Scotland is still covered by section 42 of the 1979 Act, in its own Scottish version. Historic Environment Scotland (HES) calls the permission Metal and Mineral Detecting Consent.

HES says you need it to use any equipment capable of detecting metal in a protected place: a scheduled monument, or a monument in the ownership or guardianship of Scottish Ministers. That includes magnetometers, gradiometers and ground-penetrating radar. It applies whether the kit is on the ground or flown over the site on a drone.

HES’s visitor guidance is the sternest of the three. “You must not metal detect on a scheduled monument or protected place,” it says, “you could be fined £50,000 or more and sent to prison.” That figure is HES’s own warning. The fines written into section 42 itself are the ones in the table above.

Scottish finds have their own reporting rules too. See our Scotland and Treasure Trove guide.

Northern Ireland

Northern Ireland has a separate law, and it’s stricter: having a detecting device on a scheduled site without consent is enough. Our Northern Ireland guide covers it.

Can a detectorist get consent?

In theory, yes. In practice, not for a day’s hobby detecting.

Cadw says consent “will not normally be granted” for metal detecting unless the survey is part of a consented excavation or wider research strategy, with provision for conserving and reporting finds. HES uses almost the same words.

Historic England doesn’t put it that way, but its application tells you who it’s built for. A Section 42 application needs:

• the monument’s name and its National Heritage List for England entry number, plus a six-figure grid reference for the exact area;
• start and end dates, because consent only lasts for that period;
• a method statement, with evidence of experience handling, recording and reporting archaeological finds;
• research objectives, including the survey’s role in a wider research or management context;
• confirmation that the work will follow the Code of Practice for Responsible Metal Detecting;
• plans for conserving finds, reporting them to the Portable Antiquities Scheme, and archiving records and finds with a museum.

Consents come with conditions. Historic England’s include submitting a report, normally within three or six months of fieldwork, and depositing it with the local Historic Environment Record.

The good news, for anyone on a genuine project: Historic England says there is no charge to apply, and it aims to process complete applications within 21 days.

How to check a field before you detect

The Portable Antiquities Scheme’s Code of Practice tells detectorists to obey the law on protected sites, naming scheduled monuments among them. It says you can get details from:

• the landowner or occupier;
• your local Finds Liaison Officer;
• the local Historic Environment Record;
• MAGIC, Historic England or Cadw.

For England, the National Heritage List for England is the register Historic England itself points to. In Scotland, HES points to PastMap for the location and extent of scheduled monuments.

Check the whole area, not just the obvious lumps. HES warns that almost all scheduled monuments are likely to include below-ground archaeology, and that it “often extends further than the visible features.”

Then put it in writing. Our permission letter template has room to mark areas that are off limits. Scheduled land should be one of them. So should any known military aircraft crash site, which has its own law.

If you see someone detecting on one

Cadw tells owners who find someone detecting on their scheduled monument without permission to contact the police and Cadw. The PAS landowner leaflet says the same thing in general terms: if you see anyone searching without permission, tell the police.

Finds from near a scheduled site

Detecting legally next to a scheduled area? The normal reporting rules apply. Record finds with your Finds Liaison Officer, as the Code of Practice asks, and check what counts as Treasure.

FAQ

Can you metal detect on a scheduled monument?

Not without written consent from the state body: Historic England in England, the Welsh Ministers (through Cadw) in Wales, and Historic Environment Scotland in Scotland. Using a metal detector in a protected place without that consent is a criminal offence, even if the landowner has said yes.

What is Section 42 consent?

It is the written consent required by section 42 of the Ancient Monuments and Archaeological Areas Act 1979 to use a metal detector in a protected place, or to remove an object of archaeological or historical interest found with one there. Historic England issues it in England. There is no charge to apply, and Historic England aims to decide complete applications within 21 days.

Will I get consent to detect a scheduled monument as a hobby?

It is unlikely. Cadw and Historic Environment Scotland both say consent for metal detecting will normally only be granted where the survey is part of a wider research strategy, with provision for conserving and reporting finds. Historic England's application asks for research objectives, a method statement and an archiving plan.

How do I know if a field is a scheduled monument?

Ask the landowner, your Finds Liaison Officer or the local Historic Environment Record. In England, scheduled monuments are on the National Heritage List for England. In Scotland, Historic Environment Scotland points to PastMap for the location and extent of scheduled monuments.

What is the penalty for metal detecting on a scheduled monument?

Under section 42 of the 1979 Act, using a detector in a protected place without consent carries a fine up to level 3 on the standard scale. Removing an object found that way without consent can lead to an unlimited fine on indictment. Historic Environment Scotland warns that detecting on a scheduled monument could mean a fine of £50,000 or more and prison.

Sources

Every figure in this guide comes from one of these. We checked each one on 2 November 2026.

1. Ancient Monuments and Archaeological Areas Act 1979, section 42 (restriction on use of metal detectors). www.legislation.gov.uk/ukpga/1979/46/section/42
2. Historic Environment (Wales) Act 2023, section 60 (restrictions on use of metal detectors). www.legislation.gov.uk/asc/2023/3/section/60
3. Historic England, “Guidance for Section 42 Consent” (2024). historicengland.org.uk/content/docs/planning/guidance-section42-consent/
4. Cadw, “Scheduled monuments: metal detecting”. cadw.gov.wales/advice-support/historic-assets/scheduled-monuments/metal-detecting
5. Historic Environment Scotland, “Metal detecting”. www.historicenvironment.scot/protect-and-care/owning-managing-and-visiting/visiting-scheduled-monuments/metal-detecting/
6. Historic Environment Scotland, “Consent for surveying and metal detecting”. www.historicenvironment.scot/protect-and-care/owning-managing-and-visiting/consents-and-permissions/scheduled-monuments/consent-for-surveying-and-metal-detecting/
7. The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995, Article 29 (detecting devices). www.legislation.gov.uk/nisi/1995/1625/article/29
8. Portable Antiquities Scheme, Code of Practice for Responsible Metal Detecting. finds.org.uk/guides/detecting-guidance/code-of-practice-for-responsible-metal-detecting
9. Portable Antiquities Scheme, “Metal detecting on your land – know your rights” (landowner leaflet). finds.org.uk/sites/default/files/2026-03/Landowner%20leaflet%20FINAL.pdf