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 facilities and ground monuments for which there is a public interest in preserving them for artistic, scientific, technical, historical or urban planning reasons (§ 2 Para. 1 HDSchG).
Complexes are cultural monuments that usually consist of many buildings and the associated green, open and water areas - for example parks, cemeteries, villa gardens or avenues. Examples in Wiesbaden are the city center, the extensive spa facilities, the villa areas or the historic town centers of many suburbs.
A listed building permit may also be required if you want to cut down a tree in a villa garden or in a listed complex.
Listed building consent for measures requiring planning permission
If a building project is planned for which planning permission is also required, the procedure also includes approval under monument protection law, which is then integrated into the planning permission. In this case, the building inspectorate involves the Lower Monument Protection Authority or the State Office for the Preservation of Monuments in-house.
Important: Even for measures that do not require a building permit under the Hessian Building Code (HBO), a permit may still be required under the Monument Protection Act. 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 for which you will need a listed building permit:
Demolition and gutting
Adding or installing stairs or elevators
Repainting or plastering facades
Replacing or repairing windows, doors, wall cladding and roof coverings
Installing shop windows and advertising systems
Energy efficiency upgrades
Installing thermal insulation
Installing solar systems
Structural interventions such as loft conversions and timber frame repairs
If you want to build in the vicinity of a listed building, you also need a listed building permit. This applies to building measures that could have a negative or positive impact on the monument.
Violations of the monument regulations are administrative offenses. These can be punished with fines of up to 500,000 euros.
We therefore recommend that you get in touch with us at an early stage and seek advice before making any concrete plans. This saves everyone involved time, money and unnecessary hassle.
You must apply in writing to the Lower Monument Protection Authority for a listed building permit at least three months before the start of the planned measures. Please ensure that you submit all the necessary documents with your application so that we can assess your project and process the application.
If preparatory investigations of the cultural monument are required in order to assess the planned measures, the Lower Monument Protection Authority may request these. We therefore recommend that you contact us before submitting your application.
You will receive written notification from us as soon as all application documents are complete. If this is the case, listed building consent is automatically granted after three months - unless there is an important reason to extend the deadline by up to three months.
You may only start work on measures requiring listed building consent once listed building consent has been granted. Violations can be punished with a fine of up to 500,000 euros.
Documents relating to the application for listed building consent
You must submit the following documents with an application for listed building consent:
Power of attorney/s
Overview and property plan with identification of the building site (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. Planned demolitions must be marked YELLOW and planned new components RED.
If further permits 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 - it is best to coordinate these with the Lower Monument Protection Authority:
- 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
We are happy to advise you by phone, video conference and in person at our premises. If required, we can also arrange an appointment on site.
How to reach the team of the Lower Monument Protection Authority
