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

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 actions intended to remove, alter, or relocate a historic monument, and for most actions involving protected interior features, you generally need a permit under historic preservation law. The same applies if you wish to construct, alter, or remove structures in the vicinity of a historic building—but only if the measure you are planning could affect the integrity or appearance of the historic building. However, no permit is required for measures on and near historic buildings that are exempt from the permit requirement under the law (Art. 6(3) BayDSchG).

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!

If there are compelling reasons related to historic preservation for maintaining the existing condition unchanged, permission under historic preservation law may be denied. Instead of denying the permit, the permitting authority may grant it subject to conditions or other ancillary provisions intended to ensure that a solution compatible with the historic preservation of the monument is implemented. This is a very common approach in practice. These principles also apply to projects involving historic buildings that require a building permit.

Ground monuments

You need a permit under the historic preservation law if you intend to excavate specifically for archaeological sites. However, you must also obtain a permit if you want or need to carry out earthwork for other reasons that could affect archaeological sites. It is sufficient that you suspect or, based on the circumstances, must assume that archaeological remains are present on your property. This applies in particular if you intend to build on a property where archaeological remains are located. However, the cases specified in Art. 7(3) of the Bavarian Cultural Heritage Protection Act (BayDSchG) are exempt from this requirement; these include, for example, the installation, replacement, and removal of building service connections for water and sewer lines or power lines, as well as the installation of utility and low-voltage lines using the trenchless method.

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.

To the extent that it is necessary to protect an archaeological site, the historic preservation authority may deny a permit. In such cases, the authority may also grant the permit subject to conditions or other ancillary provisions. Some local historic preservation authorities have developed special forms for the historic preservation permit process in their jurisdiction. Your local historic preservation authority will be happy to advise you.

Historic Preservation Foundation

For regularly recurring or long-term, foreseeable maintenance and repair work on historic buildings and archaeological sites, you may prepare a historic preservation plan valid for up to ten years. Provided that the State Office for the Preservation of Historic Monuments has approved this document in consultation with the competent historic preservation authority, no separate permit under historic preservation law is required for the measures listed therein.

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.

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.

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

• for actions intended to remove, alter, or relocate a historic building.
• for actions related to protected items.
• if you intend to construct, alter, or remove structures near a historic monument, and your planned action could affect the integrity or appearance of the historic monument.

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

• You want to dig specifically for archaeological sites.
• If, for other reasons, you wish to or are required to carry out earthwork that could affect archaeological sites.
  It is sufficient if you suspect or, given the circumstances, must assume that archaeological sites are located on your property. This applies in particular if you intend to build on a property where archaeological sites are located.
• They use technical detection devices on archaeological sites for legitimate professional purposes.

A permit under historic preservation laws is not required if

• You may take a measure that does not require a permit under Article 6(3) or Article 7(3) of the Bavarian Nature Conservation Act (BayDSchG).
• You are carrying out a measure based on a historic preservation plan coordinated with the State Office for Historic Preservation.

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.

• Application for permission in accordance with Art. 6 of the Monument Protection Act (BayDSchG)
• Application for an excavation permit in accordance with Art. 7 Monument Protection Act (BayDSchG)

• Article 14 of the Law on the Protection and Preservation of Historic Monuments
• Article 16 of the Law on the Protection and Preservation of Historic Monuments
• Art. 6 Act on the Protection and Care of Monuments (Monument Protection Act - DSchG)

  Measures on architectural monuments

• Art. 7 Act on the Protection and Care of Monuments (Monument Protection Act - DSchG)

  Excavation of ground monuments

• Building application procedure - topic page

  Information on the application procedure, documents, etc.

• Monument protection and preservation in Bavaria
• Monument protection procedure in the Bad Tölz - Wolfratshausen district office - Topic page
• Information for monument owners

• Monument protection; advice for monument owners
• Monument protection; application for a grant from the State Office for Monument Preservation
• Monument protection; orders for conservation measures