Historic Preservation; Applying for a Permit for Work on Architectural and Archaeological Monuments

As a general rule, measures relating to architectural or archaeological monuments, or to movable monuments listed on the register of historic monuments, only permitted if the lower-level historic preservation authority (counties, independent cities, and major county seats) has granted prior permission. The most important cases are listed below:

Architectural Monuments / Movable Monuments Listed on the Register of Monuments

For actions intended to remove, alter, or relocate an architectural monument, and for most actions relating to protected furnishings, you generally require a permit under monument protection 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 permit requirements under the law (Art. 6, para. 3, BayDSchG).

A separate permit under monument protection law is not required if you need a building permit or an excavation supervision permit for your project. In these cases, the historic preservation review is “handled” as part of the building permit process or the excavation permit process. Please note that for work on historic monuments for which you do not need a building permit, you always require a permit under historic preservation law!

If there are compelling reasons under historic preservation law to maintain the existing condition unchanged, the historic preservation permit 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 preservation of the historic 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.

Archaeological Sites

You need a permit under historic preservation law if you intend to excavate specifically in search of archaeological sites. However, you must also obtain a permit if, for other reasons, you wish to or are required to carry out earthwork that could affect archaeological sites. It is sufficient that you suspect or, given the circumstances, must assume that archaeological sites are present on your property. This applies in particular if you intend to build on a property where archaeological sites 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 service connections for water and sewer lines or power lines, as well as the installation of utility and low-voltage lines using the trenching method.

Likewise, a permit is required for the use of technical detection equipment on archaeological sites for legitimate professional purposes. Use for purposes other than professional ones is prohibited.

To the extent that it is necessary to protect an archaeological site, the monument protection authority may deny a permit. Here, too, there is the option of granting 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 Plan

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

Consultation Services Offered by Municipalities

In addition, please note that municipal ordinances may also impose additional requirements—particularly regarding design—on construction projects. In such cases, it is advisable to seek advice from the municipality at an early stage.

A permit under historic preservation law is required for historic buildings or movable historic objects listed on the historic preservation register :

• for measures intended to remove, alter, or relocate a historic building.
• for measures that affect protected fixtures or fittings.
• if you intend to construct, alter, or remove structures near a historic building and your planned work could affect the integrity or appearance of the historic building.

A permit under historic preservation law for archaeological sites is required if

• You intend to excavate specifically in search of archaeological sites.
• you wish to or must carry out earthwork for other reasons 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.
• You use technical detection equipment on archaeological sites for legitimate professional purposes.

A permit under monument protection law is not required if

• You are carrying out a measure that is exempt from requiring a permit under Art. 6, para. 3, BayDSchG or Art. 7, para. 3, BayDSchG.
• You are carrying out a measure based on a heritage conservation plan coordinated with the State Office for the Preservation of Historical Monuments.

There are no deadlines or time limits for the permit process under historic preservation law. Please note, however, that the permit must be granted before you can begin your project.

It is also important to keep in mind that the measures required by the conditions or ancillary provisions may take time to complete. Therefore, it is advisable to submit the permit application as early as possible. The first point of contact is always the local historic preservation authority, which will then forward the application immediately to the municipality for review.

The point of contact is the Lower Historic Preservation Authority.

• Depending on the specific case, you may be required to submit various documents, such as:
  
  • Plans
  • Documentation
  • Photographs
  • Expert reports
  • Powers of attorney

  Contact the appropriate authority. They will inform you which documents you need for your approval process.