Metal Detecting Law in England: The Treasure Act, the 2023 Change, and What You Can Keep
England’s system is the one most people picture when they think about metal detecting law — a defined class of “treasure,” a coroner, a 14-day clock, and a reward split with the landowner. It is also the most permissive of the four jurisdictions in these islands. But it changed significantly in 2023, and a lot of advice online has not caught up.
Landowner permission always. Report treasure to the coroner within 14 days — a criminal offence not to. Everything that is not treasure belongs to the landowner, and recording it with the Portable Antiquities Scheme is voluntary. Never detect on a scheduled monument without Section 42 consent.
What counts as “treasure”
The Treasure Act 1996 defines treasure by category. If a find falls inside one of these, it vests in the Crown and must be reported:
| Category | Test |
|---|---|
| Precious-metal objects | At least 300 years old, not a coin, and at least 10% gold or silver by weight |
| Coins — precious metal | Two or more coins from the same find, at least 300 years old, with at least 10% gold or silver |
| Coins — base metal | Ten or more coins from the same find, at least 300 years old, any metal |
| Prehistoric base metal | Prehistoric objects where any part is precious metal; or two or more prehistoric metallic objects from the same find, any composition |
| Associated objects | Anything found in the same place as, or previously together with, an object that is treasure |
| ⭐ Significance (new, 2023) | Any object with any metal part, at least 200 years old, providing exceptional insight into national or regional history |
The 2023 change nobody tells beginners about
The Treasure (Designation) (Amendment) Order 2023 added an entirely new class: an object is treasure if any part of it is metal, it is at least 200 years old when found, and it provides exceptional insight into an aspect of national or regional history, archaeology or culture — by virtue of its rarity as an example of its type found in the UK, the location or region where it was found, or its connection with a particular person or event.
This is the first time English law has recognised a significance-based class of treasure rather than judging purely on age and metal content. In practice it catches things that would previously have been yours to keep and sell — a rare Roman brooch, an object with a strong link to a documented person or event, a type barely represented from that part of the country.
The reform was driven by museums, who were watching archaeologically important objects leave the country or vanish into private collections simply because they happened to be made of copper alloy. If you learned this hobby before 2023, or from a video made before 2023, your mental model of what you can keep is out of date.
Reporting: the 14-day clock
Under section 8 of the Treasure Act 1996, anyone who finds an object they believe or have reasonable grounds to believe is treasure must notify the coroner for the district in which it was found.
The fourteen days run from the day after the find, or the day you first believe the object may be treasure — whichever is later. That second limb matters: if you dig something in March, and in October a Finds Liaison Officer tells you it is 400 years old and half silver, your clock starts in October.
Failing to notify is a criminal offence, punishable on summary conviction by up to three months’ imprisonment, a fine up to level 5 on the standard scale, or both. There is a defence of “reasonable excuse,” but do not plan around it.
In practice, most people report through their local Finds Liaison Officer (FLO), who handles the paperwork with the coroner. Find yours through the Portable Antiquities Scheme.
The reward, and the 50/50 split
If a museum wants to acquire the treasure, an independent Treasure Valuation Committee recommends a market value, and that sum is paid as a reward. The long-standing convention — and this is the big practical difference from Scotland — is that the reward is split 50/50 between the finder and the landowner, unless they have agreed otherwise in writing beforehand.
If no museum wants it, the object is disclaimed and returned, and ownership reverts to the finder and landowner under whatever agreement they have.
Everything that isn’t treasure
This is the single most common misunderstanding in the hobby. A Victorian penny, a musket ball, a George III button — none of that is treasure, and none of it is automatically yours either. It is the landowner’s property. Your right to keep it comes entirely from your agreement with them, which is exactly why that agreement should be in writing.
Recording non-treasure finds with the Portable Antiquities Scheme (PAS), run by the British Museum, is voluntary — but it is the thing that keeps the whole permissive English system politically defensible. Over 1.5 million objects are now on the PAS database, the great majority reported by detectorists. It costs you nothing and it is the strongest argument the hobby has.
Where you may not detect
Using a metal detector on a scheduled monument or in an area of archaeological importance without written consent is an offence under the Ancient Monuments and Archaeological Areas Act 1979. In England, that consent comes from Historic England (commonly called Section 42 consent). Landowner permission does not substitute for it.
- SSSIs — Sites of Special Scientific Interest require permission from Natural England; detecting is generally not permitted.
- National Trust land — not permitted without express permission, which is rarely given.
- Ministry of Defence land — no, and there is unexploded ordnance.
- The foreshore — much of it is Crown Estate. Unlike Scotland, England operates a permit scheme: the Crown Estate grants a general recreational permission subject to conditions, typically surface searching with hand tools only, and reporting of finds. Some beaches are separately leased to councils with their own byelaws.
- Public parks and council land — the council is the landowner. Ask.
Permission, in writing
The foundation of the whole thing: you must have the landowner’s permission. Where land is farmed by a tenant, you need permission from both the landowner and the tenant — the tenant controls access to the surface, but the landowner owns what is in the ground.
A one-page written agreement covering who owns non-treasure finds, how any treasure reward is split, and where you may and may not go, prevents essentially every dispute this hobby generates.
Where we stand
England has the most detectorist-friendly law in these islands, and the hobby there has largely earned it — the Portable Antiquities Scheme is a genuine success story built on voluntary reporting by ordinary detectorists. That goodwill is the asset. It is also fragile, and the 2023 significance class was a reminder that Parliament will tighten the definition when the system is seen to be leaking important objects.
If you detect in England, record your non-treasure finds with the PAS even though nobody is making you. It is the reason you are allowed to do this at all.
The law elsewhere in these islands
Sources
- Treasure Act 1996, s.8 — duty to notify the coroner and penalties
- Institute of Art and Law — Changes to the Law of Treasure (the 2023 amendment explained)
- Ancient Monuments and Archaeological Areas Act 1979 — restrictions on use of metal detectors
- National Council for Metal Detecting — Treasure Law
- The Portable Antiquities Scheme — find your local Finds Liaison Officer
Checked 18 August 2026. Plain-English guide, not legal advice.