Bavarian Monument Protection Act
|Title:||Law on the Protection and
Care of Monuments
|Short title:||Bavarian Monument Protection Act|
|Scope:||Free State of Bavaria|
|Legal matter:||Monument protection , cultural protection law|
|References :||BayRS 2242-1-K|
|Issued on:||June 25, 1973
( GVBl. P. 328)
|Entry into force on:||1st October 1973|
|Last change by:||Section 1 G of March 22, 2018
(GVBl. P. 187)
|Effective date of the
|January 1, 2018
(§ 2 G of March 22, 2018)
|Please note the note on the applicable legal version.|
The Bavarian Monument Protection Act (BayDSchG) forms the legal basis for monument protection in Bavaria. The law came into force on October 1, 1973. It is one of the monument protection laws in Germany , with which the legislative competence for monument protection lies at the level of the federal states .
In Article 1, monuments are initially defined as "man-made things or parts of them from a bygone era, the preservation of which is in the general interest of the general public due to their historical, artistic, urban, scientific or ethnological significance". The monument quality of an object results from this definition of the law and does not depend on whether it is entered in the monument list or not.
The following articles distinguish between the following groups of monuments:
- Architectural monuments are “structures or parts of them from a bygone era ... including certain historical furnishings (including movable objects). Gardens and ensembles are also considered architectural monuments, the latter even if not every individual associated building is a monument, but the site, square or street image as a whole is worthy of preservation ”.
- Ground monuments are "movable and immovable monuments that are or were in the ground and usually date from prehistoric times".
Article 2 stipulates that the architectural and ground monuments are to be entered in a memorable register by the Bavarian State Office for the Preservation of Monuments in agreement with the respective municipality, the Bavarian Monument List . Informational directory means that it is not the entry in the list of monuments that gives an object protection as a historical monument, but that every object that meets the legal requirements is protected and the list of monuments only provides information on which objects this has been officially checked and confirmed.
Articles 4–6 deal with monuments, their preservation and use and stipulate which measures are subject to approval. Articles 7–9 deal with archaeological monuments and regulate their finding, excavation and evaluation. Art. 10 deals with registered movable monuments.
The other articles concern the institutions and persons concerned with monument protection as well as procedural regulations up to the possible expropriation of listed objects if their existence is at risk.
- Franz Dirnberger u. a. (Ed.): Bavarian Monument Protection Act: Commentary with special consideration of financial and tax law aspects. 6th edition. Kohlhammer, Stuttgart 2007. ISBN 978-3-17-018916-4
- Ernst-Rainer Hönes : 200 years of protection of the archaeological heritage in Bavaria . In: Bayerische Verwaltungsblätter (BayVBl.) 54 (2008), pp. 650–656.
- Law for the protection and care of monuments (Bavarian Monument Protection Act - BayDSchG). In: http://www.gesetze-bayern.de . Bavarian State Government, accessed January 10, 2017 .