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Monument protection; application for permission for measures on architectural and ground monuments

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  • Brief description

    If you want to carry out measures on architectural or ground monuments or in the vicinity of such monuments, you generally require a permit in accordance with the German Monument Protection Act (DSchG).

  • Description

    As a rule, measures relating to architectural or ground monuments or movable monuments entered in the list of monuments are only permitted if the lower monument protection authority (districts, independent cities and large district towns) has granted permission beforehand. The most important cases are listed below:

    Monuments / movable monuments entered in the list of monuments

    For all measures involving the removal, alteration or relocation of a listed building and for most measures relating to protected features, you will need a permit under monument protection law. You also need such a permit if you want to erect, alter or remove structures in the vicinity of a listed building - but only if the measure you are planning could have an impact on the existence or appearance of the listed building.

    A separate permit under monument protection law is not required if you need a building permit or an excavation supervisory permit for your project. In these cases, monument protection is "processed" as part of the building permit procedure or the excavation supervisory approval procedure. Please note that you always require a permit under monument protection law for measures on monuments for which you do not need a building permit!

    You have a legal entitlement to a permit under monument protection law, provided there are no important reasons for maintaining the previous condition unchanged. However, if there are such reasons - and this is often the case - permission can be refused. Instead of refusing permission, the licensing authority can grant it subject to conditions or other ancillary provisions designed to ensure that a solution compatible with the monument is implemented. This is a very common approach in practice. These principles also apply to projects requiring planning permission on listed buildings.

    Ground monuments

    You need a permit under monument protection law if you want to dig specifically for ground monuments. However, you must also obtain a permit if you want or need to carry out excavation work for other reasons that may affect ground monuments. In this case, it is sufficient that you suspect or must assume from the circumstances that there are ground monuments on your property. This includes, in particular, the case that you want to build on a plot of land on which there are ground monuments.

    The monument protection authority can refuse permission in these cases if this is necessary to protect a ground monument. Here too, there is the option of granting permission subject to conditions or other ancillary provisions. Some lower monument protection authorities have developed special forms for the permit procedure under monument protection law for their area. Your local monument protection authority will be happy to advise you.

    A permit is also required for the use of technical locating equipment on ground monuments for authorized professional purposes. Use for purposes other than professional purposes is prohibited.

    Advice offered by municipalities

    It should also be noted that municipal statutes can also impose additional requirements on construction measures, particularly in terms of design. It is advisable to seek advice from the local authority at an early stage.

    Special information for - District of Bad Tölz Wolfratshausen

    The following applications are available in the Forms section:

    • Application for permission in accordance with Art. 6 of the Monument Protection Act (BayDSchG)

    • Application for an excavation permit in accordance with Art. 7 of the Monument Protection Act (BayDSchG).

    You will also find a reference to the following pages under the further links:

    • Monument protection procedure in the Bad Tölz - Wolfratshausen district office.
    • Building application procedure.

  • Prerequisites

    A permit under monument protection law is required for monuments / movable monuments entered in the list of monuments :

    • for all measures by which a listed building is to be removed, altered or moved to another location
    • for most measures relating to protected items of equipment
    • if you wish to erect, alter or remove structures in the vicinity of a listed building and the planned measure may have an impact on the existence or appearance of the listed building

    A permit under monument protection law is required for ground monuments if

    • you want to dig specifically for ground monuments
    • you want or have to carry out earthworks for other reasons that may have an impact on ground monuments
      It is sufficient for you to suspect or have to assume from the circumstances that there are ground monuments on your property. This includes, in particular, the case that you want to build on a plot of land on which there are ground monuments.
    • you use technical locating equipment on ground monuments for authorized professional purposes

  • Deadlines

    There are no deadlines or dates for the listed building permit procedure. Please note, however, that permission must be granted before you can start your project.

    It should also be borne in mind that the measures required in the conditions or ancillary provisions may take time. It is therefore advisable to submit the permit application as early as possible. The point of contact is always the Lower Monument Protection Authority, which will then forward it to the municipality for its opinion without delay.

  • Required documents

    Depending on the individual case, you may have to submit different documents, for example

    • Plans
    • Documentations
    • Photographs
    • Expert opinion
    • Powers of attorney

    Contact the responsible office. They will tell you which documents you need for your approval procedure.

  • Forms

    Special information for - District of Bad Tölz Wolfratshausen

  • Costs

    Permits under the DSchG are free of charge. On the other hand, the usual cost regulations apply to building permits relating to monuments.

  • Legal basis

  • Legal remedy

    Administrative court action

  • Further links

  • Procedure

    You must apply in writing or via the online procedure provided for permission to carry out measures on architectural and archaeological monuments at the relevant Lower Monument Protection Authority.

  • Related services


Responsible departments