Treasure, finds and the landowner's position

If something is found on your land during development that may be treasure, the finder has 14 days to report it, the duty is criminal rather than contractual, and ownership of anything that meets the statutory definition vests in the Crown. Everything that falls outside that definition belongs to you as the landowner, not to whoever dug it up. The Treasure Act 1996 sets the boundary, and the practical risk for a rural owner is less about losing a hoard than about a site stopped for weeks while a coroner's process runs.

Settle the position in the contracts before a spade goes in the ground. Afterwards is harder.

What the legislation defines as treasure

The Act works through categories rather than a general idea of valuable old things.

Objects other than coins that are at least 300 years old and contain at least 10 per cent gold or silver by weight are treasure. Coins are treated differently: two or more coins from the same find that are at least 300 years old and contain at least 10 per cent precious metal, or ten or more coins at least 300 years old where the precious metal content is lower. Objects found in the same place as, or previously together with, treasure are caught as well.

Designation orders have widened the definition since 1996. Certain prehistoric base metal assemblages were brought in, and from 30 July 2023 a significance class was added, covering objects at least 200 years old made substantially of metal that provide an exceptional insight into an aspect of national or regional history, archaeology or culture.

That last change matters on a development site. A single base metal object of the right age and interest can now be treasure where previously it was not, so the practical rule has shifted from precious metal to anything metal and old.

Reporting obligations and timescales

The duty falls on the finder, and it is to notify the coroner within 14 days beginning with the day after the find, or the day the finder first believed or had reason to believe the object might be treasure. In practice the report is usually routed through the local finds liaison officer, who records it and passes it on.

Failure to report without reasonable excuse is a criminal offence. So the correct instruction to anyone working on your land is simple: stop, do not move the object further, photograph it in position, record the location, and report it.

Three points are worth building into site procedure:

• The duty is on the person who finds the object, which may be a groundworker rather than an archaeologist
• Reporting is not optional even where the finder believes the object is worthless
• The 14 days run from belief, so a delayed realisation does not excuse a delayed report

Human remains are a separate matter entirely and need their own licence before removal, so a burial encountered during groundworks is not a treasure question.

The coroner process and valuation

Once reported, the coroner with responsibility for treasure determines whether the object is treasure. A museum may express an interest in acquiring it, in which case the object is valued by an independent committee that recommends a figure to the Secretary of State, and the museum pays that amount as a reward.

The reward is shared. Where there is no agreement in place, the convention has been an equal split between the finder and the landowner, with the occupier's position depending on the circumstances. That convention is exactly why a written agreement is worth having, because it replaces a convention with a term.

If no museum wants the object, it is normally disclaimed and returned, and ownership reverts.

Ownership of non-treasure finds

Here is the part that surprises people. An object that does not meet the statutory definition is not treasure, the Crown has no claim to it, and it belongs to the owner of the land where it was found. A finder has no automatic entitlement to anything.

That has two consequences. Metal detecting without the landowner's permission is trespass, and removing objects is theft. And an archaeological contractor working on your site holds the finds on terms set by the contract, not by right.

Recording non-treasure finds is voluntary, through the national scheme for recording portable antiquities, and most archaeological contractors will do it as a matter of course. It is worth encouraging, because the record feeds the Historic Environment Record that the next archaeological desk-based assessment on the area will rely on.

Contractual allocation between parties

On a development site at least four parties may have an interest: the landowner, the developer, the main contractor and the archaeological contractor. Deal with all of them.

1. State in the archaeological contractor's appointment who owns the finds and the archive, and require transfer of title to the receiving museum where deposition is a condition
2. State in the building contract that finds are the employer's property, with a procedure for stopping work and notifying
3. Deal with treasure separately, acknowledging the statutory duty and allocating any reward
4. Deal with delay, because the commercial question on a development site is who bears the cost of time lost
5. Where land is being sold or optioned, deal with finds and rewards in the option or the sale contract

The archive is the forgotten item. Museums charge for accepting archaeological archives, deposition is often required by condition, and the cost lands on whoever the contract says it lands on.

Site security and metal detecting

Unauthorised detecting on sites with archaeological interest is a real problem, and it increases once an evaluation has been published and a trench plan is in the public domain.

Practical measures that work: secure the perimeter and lock accesses, avoid publishing precise find locations while the site is open, instruct the contractor that detecting by site personnel is prohibited unless part of the approved methodology, and report suspected unauthorised detecting promptly.

Using a metal detector on a scheduled monument or other protected place without consent is an offence under the Ancient Monuments and Archaeological Areas Act 1979, separate from any trespass. If part of your land is scheduled, say so clearly in site inductions.

Practical steps when something is found

Keep it short enough that a site manager will follow it.

Stop work in the immediate area. Do not clean the object or move it further than necessary to make it safe. Photograph it where it lies, with a scale. Record the location, ideally with a survey point. Notify the archaeological contractor and the landowner the same day. Report to the finds liaison officer or the coroner within the statutory period. And record who found it, when, and where it is being kept.

Then deal with the programme. If the find triggers further excavation, the condition attached to the permission will usually dictate what happens next, which is why the written scheme of investigation should already describe a procedure for unexpected discoveries rather than leaving it to be negotiated under pressure. Where significance turns out to be higher than expected, an archaeological field evaluation may be extended and the heritage statement supporting any revised scheme will need to address the new evidence.

Insurance and security arrangements for objects held temporarily on site are worth a sentence in the method statement too. A reported find that is then lost is a bad outcome for everyone involved.

Browse the report types to see which archaeological documents a rural site is likely to need before groundworks start.

This is general guidance, not legal advice. Check the position with your local planning authority, the finds liaison service or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.