Protection of historical monuments; orders for preservation measures
The lower monument protection authorities can order by administrative act that owners of monuments carry out certain preservation measures. Under certain conditions, the authorities can also implement such measures themselves and charge the owners for all or part of the costs.
The owners of monuments are legally obligated to maintain their monuments, to repair them, to treat them properly and to protect them from danger, insofar as they can reasonably be expected to do so. Under certain conditions, other groups of persons are also obliged to do this. If these obligations are not fulfilled, the lower monument protection authorities (counties, independent cities, large district towns) have several options:
They can issue a so-called "order under monument protection law". This is an administrative act by which an owner or other obligated party is ordered to carry out certain preservation measures or at least to tolerate that someone else carries out these measures. Mandatory measures can also be carried out directly by the owner or by others.
Actions that damage or endanger a monument can be prohibited.
In both cases, the authority must take special care to ensure that nothing unreasonable is demanded of the obligated party.
- Orders under monument protection law are free of charge. However, the authority may, by means of such an order, require a monument owner to have certain preservation measures carried out at his or her expense or to bear all or part of the costs of measures that it carries out itself.
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Wissenschaft und Kunst
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