Monument protection; application for a permit for measures on architectural and archaeological monuments

As a general rule, measures relating to architectural or archaeological monuments, or to movable monuments entered on the list of monuments, only permitted if the local heritage protection authority (districts, independent towns and major district towns) has granted prior permission. The most important cases are listed below:

Architectural monuments / movable monuments listed on the register of monuments

You require a planning permission under heritage protection legislation for any works intended to remove, alter or relocate a listed building, and for most works relating to protected fixtures and fittings. You will also need such a permit if you wish to erect, alter or remove structures in the vicinity of a listed building – though only if the work you are planning could affect the integrity or appearance of the listed building.

A separate permission under heritage protection law is not required if you need a planning permission or an excavation supervision permit for your project. In such cases, heritage protection matters are dealt with as part of the planning permission process or the excavation supervision authorisation process. Please note that you will always require a heritage protection permit for work on listed buildings for which you do not need planning permission!

You have a legal right to a planning permission under heritage protection law, provided there are no compelling heritage protection reasons for maintaining the existing condition unchanged. If, however, such reasons do exist – and this is often the case – permission may be refused. Instead of refusing the permission, the licensing authority may grant it subject to conditions or other ancillary provisions designed to ensure that a solution compatible with the heritage status of the building is implemented. This is a very common approach in practice. These principles also apply to projects on listed buildings that require planning permission.

Archaeological sites

You require a permit under heritage protection legislation if you wish to carry out targeted excavations in search of archaeological remains. However, you must also obtain a permit if, for other reasons, you wish to or are required to carry out earthworks that may affect archaeological remains. It is sufficient simply to suspect, or to have reason to believe given the circumstances, that archaeological features are present on your land. This applies in particular if you wish to build on a plot of land where archaeological features are located.

The heritage protection authority may refuse to grant permission in such cases, insofar as this is necessary to protect an archaeological monument. Here, too, there is the option of granting permission subject to conditions or other ancillary provisions. Some local heritage protection authorities have developed specific forms for the heritage protection authorisation procedure within their jurisdiction. Your local heritage protection authority will be happy to advise you.

Similarly, a permit is required for the use of technical detection equipment on archaeological sites for legitimate professional purposes. Its use for any purpose other than professional ones is prohibited.

Advice services provided by local authorities

It should also be noted that local authority by-laws may impose additional requirements on building projects, particularly with regard to design. In this regard, it is advisable to make use of the advice offered by the local authority at an early stage.