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

For works intended to remove, alter or relocate a listed building, and for most works relating to protected fixtures and fittings, you will generally require planning permission under heritage protection legislation. The same applies if you wish to erect, alter or remove structures in the vicinity of a listed building – but only if the work you are planning could affect the integrity or appearance of the listed building. However, no permit is required for measures on and near listed buildings that are exempt from the permit requirement under the law (Section 6(3) of the Bavarian Monument Protection Act (BayDSchG)).

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!

If there are compelling reasons relating to the protection of historic buildings for maintaining the existing condition unchanged, permission under the law on the protection of historic buildings may be refused. Instead of refusing 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 involving historic buildings that require planning permission.

Archaeological sites

You require a permit under the Heritage Protection Act if you wish to carry out targeted excavations in search of archaeological monuments. 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 monuments. It is sufficient simply to suspect, or to have reason to believe given the circumstances, that archaeological features are present on your property. This applies in particular if you wish to build on a plot of land where archaeological features are located. However, the cases set out in Section 7(3) of the Bavarian Cultural Heritage Protection Act (BayDSchG) are exempt from this requirement; these include, for example, the laying, renewal and removal of service connections for water and sewage pipes or power lines, as well as the laying of utility and low-voltage cables using the trenching method.

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.

Where this is necessary to protect an archaeological monument, the heritage protection authority may refuse to grant a permit. Here, too, there is the option of granting the permit 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.

Heritage Conservation Organisation

For maintenance and repair work on listed buildings that is carried out at regular intervals or is foreseeable in the longer term, as well as for archaeological monuments, you may draw up a heritage conservation plan valid for a maximum of ten years. Provided that the State Office for the Preservation of Historical Monuments has approved this document in consultation with the relevant heritage protection authority, no separate permission under heritage protection law is required for the measures listed therein.

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.