SCOTLAND is failing to look after its history, and tens of thousands of historic buildings, monuments and sites across the country are being given inadequate protection by a government which doesn’t appreciate their value.

That, in essence, is the message being delivered to ministers this week by their expert advisers on the historic environment. The entire legal regime meant to preserve and enhance the nation’s iconic castles, churches and standing stones is “no longer fit for purpose”, the team of advisers conclude.

In four new reports, the Historic Environment Advisory Council for Scotland (HEACS) says the Scottish Executive doesn’t give the built heritage sufficient priority. It also accuses its agency, Historic Scotland, of “lacking openness” in the way it assesses which properties to take into state care.

Local authorities are also criticised for their “poor” and “patchy” performance. The planning system is “under considerable stress”, argues HEACS, and there is a “crisis” in the availability of traditional materials and skills.

Legal protection for historic monuments was first introduced in the UK in 1882, following a campaign by the renowned designer and socialist William Morris. In Scotland there are now a total of 56,000 old buildings, monuments and sites which are protected under law.

These include some of the nation’s most celebrated attractions such as Edinburgh Castle, the Calanais Standing Stones on Lewis and Skara Brae Prehistoric Village on Orkney. Also protected are famous old cathedrals in Elgin and St Andrews, abbeys in Melrose and Iona, as well as a host of other castles, brochs, cairns, crosses and stones.

After three years of investigation, HEACS experts have just submitted their reports on the plight of Scotland’s historic environment to the minister for tourism, culture and sport, Patricia Ferguson. The reports are due to be discussed with the minister at a meeting in Falkirk on Thursday.

The chair of HEACS, Liz Burns, pointed out that Scotland’s historic buildings and monuments mattered a great deal to people. “Yet, as we have argued in our reports, there are a number of significant problems,” she told the Sunday Herald.

“It is vital that we protect these assets. But it is also important that we unlock the potential of the historic environment and allow it to be managed in a sustainable way for the benefit of present and future generations.”

HEACS was scathing about the existing legislation, which it said had “fundamental shortcomings”. The regime was so complex that even experienced professionals had difficulty understanding it, it observed.

Confusion over the legislation had exacerbated the heated arguments over whether Castle Tioram in Moidart should be restored, HEACS suggested. The castle’s millionaire owner, Lex Brown, last week accused Historic Scotland of being “Stalinist”.

HEACS also pointed out that there is no statutory protection for battlefields such as Bannockburn, nor for historic gardens or designed landscapes. It is urging Scottish ministers to launch a full-scale review.

Within the Scottish Executive, “understanding the value and benefits of the historic environment is not necessarily fully shared by all departments or considered as a priority area for the allocation of resources”, HEACS stated. The contribution the historic environment makes to the Scottish economy is “seriously underrated”.

The process by which Historic Scotland assesses whether to bring properties into state care is described as “ad hoc” and “reactive”. According to HEACS, decisions are “open to criticism” because they lack transparency and public involvement.

As a result, opportunities for protecting properties may be lost, HEACS warned. Historic Scotland’s existing collection is “eclectic and unrepresentative of many aspects of Scotland’s built and archaeological cultural history”, it said.

HEACS criticised local authorities for delays in dealing with applications for listed building or conservation area consent. In 2003-04, only 34% of 3700 applications were processed within the target of two months.

The Convention of Scottish Local Authorities accepted that planning departments were under pressure, but planning spokesman Willie Dunn pointed out that applications for houses, schools or factories might be seen as a higher priority than listed buildings.

A spokeswoman for Historic Scotland said ministers would be responding to HEACS “once there has been a sufficient opportunity to consider the many significant issues raised in these reports”.