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 monument protection 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 erect, alter, or remove structures near an architectural monument—but only if your planned action could affect the structure or appearance of the monument. However, no permit is required for measures on and near historic buildings that are legally exempt from permit requirements (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 historic preservation is implemented. This is a very common approach in practice. These principles also apply to projects on historic buildings that require a building permit.

Archaeological Sites

You need a permit under historic preservation law if you intend to excavate specifically for 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, based on 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. However, the cases specified in Article 7(3) of the Bavarian Cultural Heritage Protection Act (BayDSchG) are exempt from this requirement, including, for example, the installation, replacement, and removal of building service entries 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 locating devices 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 historic preservation 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 specific forms for the historic preservation permit process within 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 guidance from the municipality at an early stage.