Finding somewhere to legally use your detector

[sweepstick47]

First and foremost, it’s important to know that all land is owned by someone and consent to operate a metal detector must be obtained specifically from the landowner or his/her appointed agent. It is illegal to operate a metal detector, on any land be it public or private without such consent. Failure to comply, will render the individual liable to prosecution when Ignorance of the law does not constitute an excuse for non compliance.
Due to some misconceptions, it should be noted that:- All Fields, Commons, Public Footpaths, Woodland, Forestry, National Trust, National Parkland, Moorland, River/Lake Banks, River Beds, Public Parks, some Beaches and cliffs/clifftop footpaths all require the specific consent of the landowner or their authorised agent for the purpose of operating a metal detector.

A detectorists responsibilities

Although this is a matter of common sense, it’s worth pointing out here. When a landowner grants consent to use a Metal Detector on their land, it is incumbent on the detectorist to ensure no damage is caused to boundary fences, hedges, gates or crops as a result of your actions. It is particularly important to ensure that all holes are correctly refilled and in the case of pasture, turf ‘flaps’ are trod well down to prevent accidental lifting by animals thereby presenting a potential hazard to horse and rider.
Responsible detecting also includes encouraging new members to the hobby by engaging with those members of the public who stop to chat and ask questions when we are out detecting.


Obtaining permission - methods of approach

The personal approach

Obtaining consent, is often considered a daunting task by many detectorists, not just ‘newcomers’ to the hobby. The most common and perhaps the most successful approach, is by way of a personal visit. It’s worth remembering that landowners are invariably busy people so a polite yet ‘to the point request’ will always be appreciated. It would also be wise to decide upon your ‘line of approach’ and also anticipate what, if any questions may be raised in order to prepare a considered response.

The assurance that you are a responsible individual, abide by the hobby’s strict code of conduct with an awareness of the Countryside Code should feature in your introduction. This would also be the appropriate time to state you have 3rd party liability insurance in order to indemnify the landowner in the event that you cause any loss or damage to their property, livestock etc. as a result of your actions. Observance of these points will go some way to achieving a succinct and ‘stumble free’ introduction.

The written search agreement

Some landowners/detectorists prefer to enter into a written agreement to formally
establish what has been verbally agreed however, it’s not uncommon for a farmer to prefer reliance upon a verbal agreement sealed by a ‘handshake’.

Here is a ‘downloadable’ example produced by the NCMD. Or a simpler one can be found here.

Never be ‘put off’ by a few negative results - there will surely be some!
In the event of receiving several consecutive refusals, why not consider reviewing your method/style of approach.

Organised rallies

In cases where detectorists have no land with consent to detect, they may opt for attendance at one or more of the organised rallies which take place throughout the UK.
Possession of a valid NCMD/FID card will be required, as will compliance with their terms and conditions.

Landowners are inclined to welcome the existence of valid insurance cover being held by detectorists seeking to gain permission to metal detect on their land. To this end, responsible detectorists subscribe to one of the hobby’s two representative bodies where membership includes Third Party Liability Insurance cove up to £10M. To find out more visit the
NCMD or FID websites.

Detecting beaches in UK


In the UK, most beaches come under the jurisdiction of The Crown Estates, but some are privately owned or council controlled. Prior to 2017, the Crown Estate required detectorists to apply for a Crown Estate Foreshore Permit in order to use a metal detector on beaches within their jurisdiction but this has since changed - see below:

In 2017, the Crown Estate withdrew the requirement to apply for a permit in favour of issuing Permissive Rights. This ‘right’ is subject to adhering to the requirements of the 1996 Treasure Act, together with it’s accompanying codes of practice and The Crown Estate’s own terms and conditions.

There may be additional restrictions in force on some beaches e.g. where areas have been designated a Site of Special Scientific Interest – SSSI. Be watchful for any notices regarding this or any other restrictions.

APPLICATION FOR A THAMES FORESHORE PERMIT - 2024.
See the following link: Thames Foreshore Applications Updated 25 Oct 24


Detecting beaches in Scotland

On 24th January 2018, the Scottish government introduced a bill to take control of land managed by the Crown Estate Scotland.
In contrast to England, Wales and Northern Ireland, there is a general ‘Right of Access’ for the public to gain access to all beaches and foreshore areas so there is no requirement to obtain a Permit for the purpose of metal detecting but only on beaches which are under their control. In view of this, when considering detecting on beaches in Scotland, it would be wise to check with the local authority to confirm the situation.

(Last amended on 25 Oct 24)

[Oxgirl36]

Great guide SS47

[coal digger]

Good info bud,Just a shame all the post crimbo new detector detectorists that swamped my main permission during the day on new crops and without permission didn't read this,cd

[sweepstick47]

Good info bud,Just a shame all the post crimbo new detector detectorists that swamped my main permission during the day on new crops and without permission didn't read this,cd

That's a very sad episode mate. Hope they 'don't fare well Regards ss47'

[f8met]

Another responsibility is to know if the land is in a stewardship scheme and what that means for detecting. Especially if there are set aside areas around the fields and if they are allowed to be detected. It is tempting to detect these strips when the crops are up but they may be out of bounds under the scheme.

And knowing if there are SSSIs or Scheduled Ancient Monuments on the land.

Thanks for taking the time to write this up.

[arfur_sleep]

Very good and informative post

[Oxgirl36]

This topic is a great discussion on finding out who the landowner is, plus a link to nimbus to get a copy of the landowner’s information (you usually need to pay a fee).

[PDD2019]

I'm new to all of this.
Is the usual level of "detector keeps all" typically £100, thereafter split 50/50?
Thanks
P

[Dave8472]

I'm new to all of this.
Is the usual level of "detector keeps all" typically £100, thereafter split 50/50?
Thanks
P

Hi, by default all finds belong to the land owner, but they can be claimed under the treasure act.

There is no fixed agreement with a land owner, but normally 50/50 is what most agree on.

If you are going on a paid rally or club digs there is usually something slightly better agreed in advance. Typically you would be able to keep anything up to an agreed amount, usually £300 to £500. Treasure items will still fall 50/50.

It is wise to agree beforehand with the land owner, I have known more than one detectorist show the owner on their first dig the finds and they have kept everything

I would add sometimes honesty with finds can pay off as it increases the trust and can lead to more permissions.

Dave

[lonecoiler]

A very good guide. Just a thought and I know it will make work for someone but how about a newbies section in the main menu where info like this is always available

[JBM]

Excellent post SS47.

Lets hopes folks take notice of the message and pass it on.

Happy Hunting,

Jerry.

[Oxgirl36]

Please note this guidance by the MOD for aircraft crash sites in the UK.

Subject: military aircraft crash sites

For information :-


For the attention of the National Council for Metal Detecting

Aviation archaeology – metal detecting

For your information, we would like to draw your attention to the latest edition of the Ministry of Defence’s Licensing of all crashed military aircraft in the U.K. It would be appreciated if you could disseminate to your club’s members. The following are a few facts we would like to highlight.

· All military aircraft crash sites in the UK come under the Protection of Military Remains Act 1986. It is an offence under this act to tamper with, damage, move or unearth any items at such sites, unless the Ministry of Defence has issued a licence to authorise such activity.

· This link gives information on the Act and details on how to apply for a licence for which currently there is no charge: https://www.gov.uk/guidance/aviation-archaeology

· A licence, however, will not be issued if it is believed there may be human remains or unexploded ordnance at the site.

· Although recovered items remain the property of the Crown, a licensee can request transfer of ownership.



Please get in touch if you have any questions.

Regards

Deborah

Deborah Morgan
Commemorations & Licensing
Email: deborah.morgan353@mod.gov.uk
Tel: 01452 712612 ext 7330 (civilian); 95471 7330 (military)
Postal Address: Commemorations, JCCC, Rm G35, Innsworth House, Imjin Barracks, Gloucester GL3 1HW
Website: https://www.gov.uk/guidance/joint-casua ... entre-jccc

[Bootneck45RM]

Thanks SS47 for the pertinant reminder for both new and old members.(newbies don't know and oldies have poor memories lol).
A good post both then and now.
⛏ (ps: why don't we have a detectorist emoji? huh)

[Luffy]

Nice info, I was wondering earlier why I could no longer find the crown beach licence anymore.

[Blackgreg]

Hi it was easier in NSW Australia you applied for a fossicking permit this gave free access to various forestry and state parks for a small fee about $25 for a year each state had an equivalent permit

blackgreg