Construction measures on or in cultural monuments and measures that affect the appearance and effect of buildings in overall complexes generally require approval under monument law - regardless of whether or not planning permission is required for the project.
House in scaffolding
The Hessian Monument Protection Act (HDSchG) defines what cultural monuments are: Movable or immovable objects, groups of objects and parts of objects, as well as complete structures and ground monuments, the preservation of which is in the public interest for artistic, scientific, technical, historical or urban planning reasons (Section 2 (1) HDSchG).
The Monument Protection Act defines complete complexes as cultural monuments that consist of mostly large-scale majorities of buildings including the associated green, open and water areas - i.e. green spaces such as parks, cemeteries, villa gardens or avenues. Examples of this are Wiesbaden's city center, the extensive spa facilities, Wiesbaden's villa areas or the historic town centers of most suburbs.
Approval may also be required under monument law if characteristic trees are to be felled in villa gardens or in a complex protected as a cultural monument.
Approval under monument protection law for measures requiring planning permission
If a building permit procedure is required for a measure, the procedure also includes approval under monument protection law. This is then integrated into the building permit. In this case, the building inspectorate involves the Lower Monument Protection Authority or the State Office for the Preservation of Monuments internally.
The following applies to both individual cultural monuments and buildings within complexes: For measures that are not "subject to planning permission" according to the Hessian Building Code (HBO), listed building approval may very well be required under the Monument Protection Act, for example if you want to repaint the facades, install thermal insulation, install solar panels or renew the roofing or windows. As a rule, you also need a permit under monument protection law for renovation or conversion work on the interior of cultural monuments.
Here are some examples of what you need a listed building permit for:
Demolition and gutting
Installation and addition of stairs or elevators
New plaster and repainting
Repair and replacement of windows, doors, wall cladding and roof coverings
Installation of shop windows and advertising systems
Energy efficiency upgrades
Structural interventions such as loft conversions and timber frame repairs
New buildings in the vicinity of the listed building also require approval. This applies not only to interventions that could have a negative impact on the monument, but also to construction measures that are beneficial to the monument.
Violations of the monument regulations are administrative offenses that can be punished with fines of up to 500,000 euros.
We therefore recommend that you contact us as early as the planning stage and seek advice at an early stage. This ensures the best possible preparation of the permit application. This saves everyone involved time, costs and unnecessary hassle.
It can also have financial advantages for you as the owner of a monument if you coordinate the measures to be carried out on cultural monuments in advance and obtain the relevant listed building consent.
You must submit the written application for approval in good time, but no later than three months before the start of the planned measures, in the original and in a duplicate (copy), signed and with all documents required for the assessment of the project and the processing of the application to the Lower Monument Protection Authority.
If necessary for the assessment of the planned measures, the authority may require that the application for approval be supplemented by preparatory investigations of the cultural monument. We therefore recommend that you contact us before submitting your application.
The execution of measures requiring approval under monument protection law may only begin after the monument protection approval has been obtained. Approval under monument protection law is deemed to have been granted three months after receipt of the complete application for approval, unless this period has been extended by up to three months for good cause. The monument protection authority will provide written notification when the application documents are complete. Violations can be punished with a fine of up to 500,000 euros.
Documents relating to the application for listed building consent
The following documents must be attached to the application in duplicate:
Power of attorney/s
Overview and property plan with identification of the building plot (M 1:500 - 1:1,000)
Current photos of the building, the relevant components and, if applicable, the surroundings
As-built plans, if necessary in accordance with the specifications of the monument protection authority
Construction drawings (depending on the project, floor plans, views, sections) with yellow-red entries
Building description (current state) with statements on construction, material, equipment, color scheme
Detailed description of the planned project (target condition), if necessary by means of tender documents or offers from specialist companies
In the case of planned (conversion) construction measures, the existing building and the planned changes must always be shown in the planning documents. These are to be color-coded in yellow (planned demolitions) or red (planned new components). The relevant DIN standards for the preparation of drawings must be observed.
If further approvals are required under public law, these must be applied for from the relevant competent authority.
Note
Depending on the type of planned measure, the following documents may be required in duplicate for an inspection (prior consultation with the Lower Monument Protection Authority is recommended):
- Open space plan with the necessary entries - Drawing of the street façade - Detailed drawings (M 1:10, 1:1) - Vertical and horizontal window sections (M 1:1) and window views (M 1:10) - Preparatory investigation of the cultural monument (e.g. expert opinion on the building history, restoration findings, results of archaeological excavations, etc.) - Room book (room-by-room inventory and assessment; with coding) Damage documentation and/or expert opinion - Description of the roof covering (type of covering, material, color) - Description of the façade material (material, surface, color) - Description of the cleaning procedure for façades or objects
Our service for you
In addition to telephone consultations, we also offer the option of a video conference, particularly for initial contact. Personal consultations in our offices are also possible by prior appointment.
If required, we can also arrange an appointment on site by prior arrangement.
