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 that involve the removal, alteration or relocation of a listed building and for most measures relating to protected furnishings, you require 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 may 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 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 unless there are important reasons for maintaining the existing state of the monument 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 intended 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 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 detection equipment on ground monuments for authorized professional purposes. Use for purposes other than professional purposes is prohibited.
Advice offered by municipalities
In addition, it should be noted that municipal statutes may 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.