Monument Protection Act (Hamburg)

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Basic data
Title: Monument Protection Act
Abbreviation: DSchG
Type: State Law
Scope: Hamburg
Legal matter: Monument protection , cultural protection law
References : State law Hamburg
Issued on: April 5, 2013
Entry into force on: 1st of May 2013
Please note the note on the applicable legal version.

The Monument Protection Act regulates the protection of monuments in the area of ​​the Free and Hanseatic City of Hamburg . It is one of the state monument protection laws in Germany , where the legislative competence for monument protection lies at the level of the federal states .

The executive body is the authority for culture and media with the associated monument protection office in Hamburg . The archaeological museum in Hamburg is responsible for maintaining the ground monuments .


The new Monument Protection Act, which came into force on May 1, 2013, replaced the Monument Protection Act of December 3, 1973, last amended on November 27, 2007. According to Section 28, the previous lists of monuments will be continued. In addition to the monuments under formal protection in 1900, another 3000 buildings and ensembles that are regarded as recognized monuments are protected, thus creating greater legal security .

The Monument Protection Act of December 3, 1973 repealed Hamburg's first Monument Protection Act of December 6, 1920.

General provisions

The tasks of monument protection and preservation (§ 1) are defined as scientific research and the protection and maintenance of monuments. In addition, they should work to ensure that they are involved in urban development , regional planning and land maintenance.

The subject of monument protection (Section 4) are monuments (architectural monuments, ensembles , garden monuments, ground monuments and movable monuments), the preservation of which is in the public interest because of their importance for history , science and art , or to preserve characteristic features of the cityscape .

For the study and care of the construction work and other cultural monuments is one preservationist or monument nurse by the Senate ordered; also a ground monument curator for the research and care of the monuments from prehistoric times and for the movable excavations (§ 2).

The competent authority is one of 12 members of existing, independent and expert Monument Council coordinate. It is made up of experts in the preservation of monuments, history and architecture as well as objectively committed citizens and institutions of the Free and Hanseatic City of Hamburg. The memorial council is to be made up of equal parts by women and men. The head of the State Archives takes part in the meetings of the Monument Council in an advisory capacity (§ 3).

A monument is placed under monument protection by administrative act of the competent authority (§ 5). Legal ordinances can be issued to maintain ensembles (Section 7). Monuments and ensembles that have been placed under protection are entered in a list of monuments (§ 6) that can be viewed by anyone. The list of recognized monuments will be continued together with the previous list of monuments as a list of monuments (§ 28).

Protection regulations for monuments entered in the list of monuments

There is a reservation of approval for changes to immovable monuments, building groups and overall facilities (Section 9) as well as environmental protection (Section 8). The approval procedure and deadlines are regulated in Section 11. Those entitled to dispose of it are obliged to maintain the monument in a condition appropriate to the monument (Section 7).

Special rules for archaeological monuments

Excavations , salvages and discoveries with technical search devices are subject to authorization (Section 14). Certain areas can be declared as excavation protection areas (Section 15). Finds (Section 17) of possibly unknown archaeological monuments must be reported immediately and safety and conservation orders must be followed. Monuments whose owners can no longer be determined must be reported immediately and become the property of the Free and Hanseatic City of Hamburg. Finds that are subject to notification must be left temporarily to the competent authority for scientific processing (Section 18).

Expropriation and Compensation

Permitted expropriations for the preservation of monuments are regulated in § 19 and should be made in favor of the Free and Hanseatic City of Hamburg. Expropriations may be made in favor of third parties (Section 20 beneficiaries) if this achieves the purpose of the measure and is permanently secured by the beneficiaries. If measures under the Monument Protection Act are economically unreasonable, financial compensation must be granted (Section 21). In the case of compensation payments that would exceed the value by 50%, the Free and Hanseatic City of Hamburg is entitled to transfer (§ 22) if the owner does not waive the additional share. The expropriation procedure (§ 23) is carried out in accordance with the provisions of the Hamburg Expropriation Act (version of November 11, 1980) in the current version.

Individual evidence

  1. Monument Protection Act of December 3, 1973 (Pdf. On Retrieved April 19, 2017 .
  2. ↑ A new monument protection law has been passed. Retrieved August 6, 2013 .