Monument Protection Act Berlin
|Title:||Law for the Protection
of Monuments in Berlin
|Short title:||Monument Protection Act Berlin|
|Legal matter:||Monument protection , cultural protection law|
|References :||BRV 2130-12|
|Original version from:||December 22, 1977
( GVBl. P. 2540)
|Entry into force on:||January 1, 1978|
|Last revision from:||April 24, 1995
(GVBl. P. 274)
|Entry into force of the
new version on:
|May 7, 1995|
|Last change by:||
Art. II G of July 8, 2010
(GVBl. Pp. 396, 397)
|Effective date of the
|July 23, 2010
(Art. III G of July 8, 2010)
|Please note the note on the applicable legal version.|
The law for the protection of monuments in Berlin in the version of April 24, 1995 is the basis of monument law in the state of Berlin . The law is quoted with the abbreviation DSchG Bln. It is one of the monument protection laws in Germany .
A monument is either a building structure as a whole or a part of it, as well as its accessories, equipment and furnishings. A public interest in preserving the property is decisive for the classification as a monument. This interest can be historical , artistic , scientific or urban . The monuments also include plants and buildings that testify to the development of technology (technical monument).
A structural ensemble and the streets and green spaces connected to it can form a monument area, provided that the preservation of the overall picture formed by them represents a public interest for the reasons mentioned above . A monument area can also include components that are not a monument in themselves.
The public interest in its preservation is also important for the classification of a green area as a garden monument. Garden monuments can be gardens and parks , cemeteries , avenues or other evidence of landscaping . A garden monument also includes its equipment, provided it forms a unit with the monument.
Ground monuments can be movable or immobile. In addition to the public interest in its preservation, it is important that the object was or is in the ground or in a body of water. If a ground monument is discovered, the discoverer is obliged to inform the Lower Monument Protection Authority immediately about his find. In the event of a discovery during construction work, this also applies to the site manager. In addition, the ground monument must be left in the same condition for at least four days for the historical examination. A permit from the responsible monument authority is required for the targeted digging for ground monuments.
List of monuments
In Berlin, monuments are entered in a publicly accessible directory. This country monument list of Berlin is a many years earlier both in East and in West Berlin , run inventory directory of cultural monuments . It currently contains around 8,000 objects that have been proposed at the request of various authorities, but also by interested individuals or after the evaluation of specialist literature, carefully checked by experts and finally submitted to a commission for a decision on the entry.
The Berlin monument authorities
Supreme monument protection authority
In Berlin, the Senate Department for Urban Development is the highest monument protection authority. It is responsible for the technical supervision of the monument authority. It decides in the event that the monument protection authority and the lower monument protection authority come to different views on a decision to be taken.
The State Monument Council of Berlin advises the highest monument protection authority and is to be heard by them in all important matters.
Historic monuments authority
The monument authority is the Berlin State Monuments Office , which reports directly to the Senate Department for Urban Development. The Landesdenkmalamt is located in the old town hall, Klosterstrasse 47, 10179 Berlin-Mitte . The tasks of the State Monuments Office include the scientific research and recording of monuments, as well as the creation of monument lists, inventories and topographies . In addition, the State Monuments Office provides advice and support to owners and owners of monuments, prepares expert reports, awards grants and is ultimately responsible for the dissemination of historical knowledge. Private monument owners can submit applications for grants to the State Monuments Office in order to receive compensation for the additional expenditure in maintaining the cultural monuments caused by monument preservation. The State Monuments Office and the grants are financed from the budget of the State of Berlin. The State Office issues donation receipts if third parties contribute financially to the preservation of the protected monuments, and investment certificates for monument owners about the maintenance of cultural monuments due to additional expenditure. Both can be tax deductible.
The State Monuments Office works closely with the Association of State Monument Preservators in the Federal Republic , the German National Committee for Monument Protection , the German Association of Cities as well as with ICOMOS and UNESCO .
Lower monument protection authority
The 12 district offices of the city and the Prussian Palaces and Gardens Foundation Berlin-Brandenburg act as the lower monument protection authority . The lower monument protection authority decides in approval and objection procedures , on the issuance of maintenance and restoration orders , carries out administrative offense procedures and issues permits for changes to cultural monuments.
The monument authority and the lower monument protection authority must make decisions by mutual agreement. If this does not come about, the highest monument protection authority decides.
Preservation and use of monuments
Monument owners are obliged to ensure that their monument is preserved. The monument authority can complain about corresponding defects and demand that they be remedied. The use of monuments must not endanger their permanent preservation. In addition, the immediate vicinity of a monument may not be changed in a way that would impair the appearance of the monument ( environmental protection ).
In order to legally change a monument or even to remove it completely, a permit from the Lower Monument Protection Authority is required. This also applies to changes in the immediate vicinity of a monument (environmental protection). In the event of non-compliance, the monument authority can oblige the person responsible to restore the previous condition. It should be noted with all monument law permits and instructions that the owner may not be burdened economically disproportionately. In order to achieve this, the lower monument protection authority and the monument protection authority can also grant loans or grants to the owner. In the case of monuments used for religious purposes, the religious communities using them have a special say.
Expropriations and right of first refusal
If there is an immediate danger to the preservation of a monument or if the subsidies to be paid by the monument authority for the preservation of a monument amount to more than 50 percent of the property value, the State of Berlin is authorized to expropriate the previous owner . For this, the expropriated person must be paid appropriate compensation . Furthermore, the State of Berlin has a right of first refusal for land on which there are monuments . This right of first refusal is transferable to institutions that ensure the preservation of the monument on a permanent basis.
As a contribution of the mentioned authorities to the fact that the numerous monuments including the problems and chances of their protection and their preservation are better known, the " Open Monument Day " has also been held in Berlin for several years (usually: second weekend in September) , which every year finds numerous interested participants.
- Volkmar Draeger: How's the old house doing? , Neues Deutschland Verlag und Druckerei, Berlin, 2006; Pages 175–178: “Relics, Wealth, and Ruins. Conversation with Professor Dr. Jörg Haspel, State Conservator of Berlin and Head of the State Monuments Office ”; ISBN 3-9807073-7-7
- Jörg Haspel u. a .: Monument protection law in Berlin: Law for the protection of monuments in Berlin; Commentary with information on tax law and funding opportunities. - Berlin: Kulturbuch-Verlag, 2008. - ISBN 978-3-88961-134-5
- Berlin Monument Protection Act on the website of the Berlin Senate Administration
- State Monument Office Berlin
- Prussian Palaces and Gardens Foundation Berlin-Brandenburg
- Monument Protection Act of the State of Berlin | State of Berlin of April 24, 1995 (GVBL. P. 274), last amended by Art. II No. 1 and 2. d. Ges. V. July 4, 1997 (GVBL. P. 376), Art. IV d. Ges. V. May 17, 1999 (GVBL. P. 178), Art. XLVI d. Ges. V. July 16, 2001 (GVBL. P. 260), Art. IV d. Ges. V. September 29, 2005 (GVBL. P. 495) and Art. II d. Ges. V. December 14, 2005 (GVBL. P. 754)
- § 1 DSchG Bln
- § 2 Abs. 2 DSchG Bln
- § 2 Paragraph 3 DSchG Bln
- § 2 Paragraph 4 DSchG Bln
- § 3 DSchG Bln
- § 4 DSchG Bln
- Berlin monument list as of July 2010; Retrieved on April 1, 2015 ( Memento of the original from May 23, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- § 5 DSchG Bln
- Website of the state monument preservationists in the Federal Republic
- § 6 DSchG Bln
- § 8 DSchG Bln; § 9 DSchg Bln
- § 11 DSchG Bln
- § 21 DSchG Bln
- § 17 DSchG Bln; 18 DSchG Bln