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Monument protection; orders for conservation measures
The lower monument protection authorities can order by administrative act that owners of monuments carry out certain conservation measures. They can also carry out such measures themselves and impose the costs for this on the owners in full or in part.
Responsible for you
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Procedure details
Description
The owners of monuments are legally obliged to maintain and repair their monuments, to treat them properly and to protect them from danger, insofar as this can be reasonably expected of them. Under certain conditions, other groups of people are also obliged to do so. If these obligations are not fulfilled, the lower monument protection authorities (districts, independent cities, large district towns) have several options:
They can issue what is known as a "monument protection order". This is an administrative act by which an owner or other obligated party is ordered to carry out certain conservation measures or at least to tolerate someone else carrying out these measures. They can also carry out absolutely necessary measures directly themselves or have them carried out by others.
Actions that damage or endanger a listed building can be prohibited.
In both cases, the authority must take particular care to ensure that nothing unreasonable is demanded of the obligated party.
They can issue what is known as a "monument protection order". This is an administrative act by which an owner or other obligated party is ordered to carry out certain conservation measures or at least to tolerate someone else carrying out these measures. They can also carry out absolutely necessary measures directly themselves or have them carried out by others.
Actions that damage or endanger a listed building can be prohibited.
In both cases, the authority must take particular care to ensure that nothing unreasonable is demanded of the obligated party.
Fees
Monument protection orders are free of charge. However, the authority can impose such an order on a monument owner to have certain conservation measures carried out at his expense or to bear all or part of the costs for measures that it carries out itself.
Legal bases
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Art. 4 Gesetz zum Schutz und zur Pflege der Denkmäler (Denkmalschutzgesetz - DSchG)Erhaltung von Baudenkmälern
Appeal
Administrative court action
Related issues
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List of monuments; application for information, entry and deletionArchitectural monuments, ground monuments and certain movable monuments are entered in the list of monuments. The list is maintained by the State Office for the Preservation of Monuments. Anyone can view it.
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Monument protection; application for a certificate for tax purposesTax benefits can be claimed for the promotion of monument preservation measures. The State Office for the Preservation of Historic Monuments issues information and basic decisions in advance for the purpose of obtaining such tax concessions.
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Monument protection; application for permission for measures on architectural and ground monuments
If you want to carry out measures on architectural or ground monuments or in the vicinity of such monuments, you will in many cases require permits in accordance with the German Monument Protection Act (DSchG).
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Monument protection; application for a grant from the Bavarian compensation fund
Grants can be applied for from the compensation fund for measures on monuments in accordance with the Bavarian Monument Protection Act.
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Monument protection; application for a grant from the State Office for Monument Preservation
The Bavarian State Office for the Preservation of Monuments can grant subsidies for the preservation of architectural and ground monuments within the meaning of the BayDSchG as well as to ensure the necessary monument-related measures in connection with the recovery and discovery of ground monuments.
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Monument protection; advice for monument ownersDealing with monuments often poses difficult questions for those affected. Advising monument owners is one of the most important tasks of the monument authorities.
Status: 30.07.2024
Editorial responsibility Bayerisches Staatsministerium für Wissenschaft und Kunst
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