Monument protection

monument sign of the GDR

monument protection serves the protection of culture thinking marks. A goal is to provide for it that durably received and does not falsify culture thinking marks, to be damaged, impaired or destroyed and cultural properties becomes durably secured. Monument protection is Kulturgutschutz.

Work, those for the he and maintenance of culture thinking marks, calls one is necessary care of monuments.

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purpose

monument protection pursues the goal of keeping culture thinking marks durable. Cultural inheritance is extraordinarily important for societies, in order to identify themselves on the basis material and sinnlich perceptible historical certifications with their history and to form thus a social identity. Monument protection is a component of Quality of life

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Germany

of the Spellenstein, a monument-protected Menhir in Rentrisch/pc. Ingbert

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kinds of the cultural monuments

differences becomes between immovable and mobile cultural monuments. Among first rank soil monuments (so long they still are connected with properties), building or garden monuments, to latter museum propertyor Archivalien.

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the legislative competence for monument protection and care of monuments is to monument protection laws in Germany with the Lands of the Federal Republic. It is part of the so-called „culture sovereignty “of the countries. Thus there are 16 monument protection laws, which define the terms cultural monument and monument protection differently in each case in Germany.The laws are arranged in the detail thus differently, are based however on contentwise uniform basic principles. All laws define the monument protection as „a public interest “.

There are two systems, to which legally cultural monuments come:

1. In „the information system “(also: Ipso jure system) defines the monument protection law, whichConditions to be fulfilled must, so that an object is cultural monument. The cultural monument results legally thus from an act of the legislator. Monument owners are only informed.

2. In the konstitutiven system the monument protection law defines, which conditions must be fulfilled, thus an object by act of administration of the responsible authority toCultural monument to be explained can.

Combinations are possible (Baden-Wuerttemberg).

In both systems there are monument lists. After the first variant this only information character has, in second is quite obligatory it.

The monument right knows different regulations for soil and architectural monuments, there architectural monuments usually visiblyare and therefore in their interests more easily to be considered can than soil monuments, which are often unknown and step only in the course of a construction measure to the daylight.

The monument protection laws are applied primarily to immovable monuments. The execution density of the monument right with mobile monuments is relatively small.

Special laws of the monument protection are the archives laws and the law for the protection of German cultural property against drift.

The current versions of the valid in each case monument protection law for each Land of the Federal Republic are attainable at the earliest over the homepage of the national offices for care of monuments and the highest monument protection authorities. To recommend is in additionthe link list [1].

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the monument owners usually load interest conflicts the monument characteristic, because they are obligated due to the monument protection laws to the receipt of their monument. That can represent a substantial financial load and limit owners its vested title. This is however only inFramework of the reasonable one legally permissible. The special load of the monument owner is based on kind. 14 exp. 2 sentence 2 Basic Law, the societal restriction of the property.

Monument protection can turn out also with all other social and private interests in conflict. As „a public interest “it is then in an appropriateTo weigh decision (denkmalpflegerischen permission, building permit, Planfeststellung) with the other interests. To the reasonableness of the decision for the owner is to be paid attention also in this case. Always a satisfying weighing of interests does not succeed. Thus it comes also to grotesque compromises as for instance the road break-through at the lock Gondorfwith Kobern Gondorf in favor of a federal highway, see. right illustration.

Road break-through at the lock Gondorf.

Measures of the monument protection must consider usually thus economic criteria: not to come negatively, if monument protection must drive its requirements back, in order with the reasonableness into conflict, or also positively,if monument protection promotes tourism, when soft location factor is seen or positively the marketing of objects affects.

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monument protection ensures

national measures the state by legislation, permission, editions, advancement programs and tax laws. The legislator has in numerous laws (z. B. individual national conditions,the monument protection laws of the countries, the regional planning law) the monument protection a special value granted.

With high-quality or endangered thinking marks an expropriation is possible in favor of the country in some countries. Of it however because of the costs of the compensation for expropriation in practice no use is made.

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Authorities

depending upon Land of the Federal Republic, partly dependent on its size, is monument protection as single-step administration (e.g. Saarland), two-stage administration (e.g. Hessen) or three speed (e.g. Baden-Wuerttemberg) organizes. The lower monument protection authority usually gives monument-legal permission. This is settled in with cities and districts (exception: North Rhine-Westphalia, there it is the municipality and the city states). Highest monument protection authority is the responsible Ministry (in city states the responsible senator).

Outside of this hierarchy there is a national office for care of monuments in most Lands of the Federal Republic as monument specialized authority (in detail also easily deviating designation). There is denkmalpflegerischesSpecialized knowledge gepoolt, which can be reproached from cost reasons not with each individual monument protection authority. Monument-legal permission the lower monument protection authority may express only - depending upon Land of the Federal Republic differently - in the agreement or behaviour with the monument specialized authority. In Baden-Wuerttemberg the office for national monument of strange way became with the last administrative reforminto the hierarchical administration of the district administrations melted.

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private initiative

monument protection functions usually - despite all obligation possibilities given by the monument protection laws - only, if national places and monument owner work together. Therefore an important component of monument protection is, the public - and in particularthe owners of the monuments - to sensitize for the meaning of the cultural inheritance and to arouse interest in the interests of the care of monuments. Particularly actively here the German donation is monument protection.

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characteristics for soil finds

also the soil finds are different depending upon Land of the Federal Republicdefined. All monument protection laws cover archaeological cultural property, some also - over a legal fiction - paläontologische finds paleontology.

In most Lands of the Federal Republic there is a “treasure shelf “for soil finds, which is contentwise very differently out-arranged. It vacates the state the property at (selected) soil finds.

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tax benefits and subsidies

with rented building thinking marks: The tax law offers special advantages with preservation and care of thinking marks to the monument owners. The investment into a monument-protected real estate is promoted by special fiscal incentives. Who before commencement of construction owner of a monument-protected real estate is, can after completion of the construction measures 8 years long annually 9% - afterwards 4 years long 7% of the monument protection-relevant construction costses copy § 7i EStG. The old building portion is copied with 2 2.5%.

With used building thinking marks: The extra charge departure for construction measures on used building thinking marks and buildings in Reorganization areas amounts to annually up to 9% over 10 years.

A condition is in both cases the certificate of the responsible monument authority that it concerns in detail denkmalpflegerisch necessary work and was accomplished these duly and in arrangement after the defaults of the monument authority.

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Austria

in Austria is the monument right - contrary to the legal situation in Germany - Federal Law. With the novella to the monument protection law to the 1. January 2000 56 selected gardens and park in Austria were stated, with those now before changes in structural and vegetable elements thoseAgreement of the office for federal monument to be caught up must. Austria was thereby the last country in Europe, which took up protect-worth garden plants to a monument protection law.

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Switzerland

in Switzerland is usually used for monument protection the term “preservation of regional tradition”. The national monument protection organization of Switzerland is that Swiss preservation of regional tradition.

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Monument protection

To table of contents

purpose

Germany

kinds of the cultural monuments

monument protection ensures

Authorities

private initiative

characteristics for soil finds

tax benefits and subsidies

Austria

Switzerland

see also

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