GERMANY - national legislation

II. INSTRUMENTS OF HERITAGE PROTECTION

Germany provides yet another clear example of a decentralized structure of competences in the field of heritage.

In accordance with the division of competences between the Federation and the 16 Länder (Federal States), the responsibility for heritage conservation lies with the Länder. Therefore, the structure and forms of organization of cultural heritage and the authorities in charge of the conservation of heritage assets differ between states. As maximum authorities in this respect, the Länder are in charge both of adopting laws for the protection and preservation of heritage (along with districts, municipalities and in some cases administrative regions), and implementing them.

The maximum authority in charge of the preservation of heritage within the Länder is a specific Ministry (or Senate department) which is in charge of supervising those subordinate to it. In each case, the laws of the Länder on heritage conservation establish that the specialist central authority should be in charge of all matters relating to the protection of historic monuments. Under this maximum authority work is carried out by the Regional Offices for the Preservation of Monuments (Landesdenkmalamt), in charge of providing advice to subordinate authorities – municipalities, districts, villages from outside rural regions – as well as to the owners of monuments, drafting reports on all matters relating to the protection and conservation of heritage. In some Länder, these offices are also in charge of creating records of historic monuments. In terms of competences in the conservation of heritage the lower levels (districts, municipalities) are generally those implementing measures for protection and preservation. In some cases the smaller Länder, such as Sarre or city-states like Berlin, Hamburg and Bremen, work alongside the offices.

This decentralized structure of competences organized into the different Länder includes a series of central bodies with a common framework: the Standing Conference of Ministers of Education and Cultural Affairs of the Länder (KMK); two central associations, the Association of State Conservators and the Association of State Archaeologists; and the German Cultural Heritage Committee (DNK).

The Standing Conference of Ministers of Education and Cultural Affairs of the Länder (KMK) is the body in charge of coordination and a major instrument representing the common interests of the Länder to the Federal Government, the European Union and UNESCO, as well as representing the Länder in the fields of education, science and culture. Furthermore, the Regional Office for the Preservation of Monuments set up the Association of State Conservators (1949) and the Association of State Archaeologists in the Federal Republic of Germany (1951). The main purpose of the latter was to guarantee the continued exchange of knowledge and experiences, while also improving cooperation at national level between specialists in the fields of heritage conservation and science. Finally, the German Cultural Heritage Committee (DNK) is an interdisciplinary forum on the protection and conservation of German architectural and archaeological heritage. It is geared towards the private and public stakeholders linked to the protection and conservation of heritage.

 LEGAL FRAMEWORK

Baden-Württemberg:
Law for the protection of cultural monuments (monument protection law - DSchG) in the version of December 6, 1983

Bavaria:
Law on the protection and care of monuments (monument protection law - DSchG) in the version of July 27, 2009 (BayRS IV, 354 [2242-1-WFK], GVBl 2009, 385, 390 f.)

Berlin:
Law for the Protection of Monuments in Berlin (Berlin Monument Protection Act - DSchG Bln) of April 24, 1995

Brandenburg:
Law on the protection and care of monuments in the state of Brandenburg (Brandenburg Monument Protection Act - BbgDSchG) of May 24, 2004

Bremen:
Law on the Care and Protection of Cultural Monuments (Bremen Monument Protection Law - DSchG) of May 27, 1975 (BremGBl. p. 265), last amended by Article 2 § 5 of the Law of December 17, 2002

Hamburg:
Monument Protection Act (DSchG) of April 5, 2013

Hesse:
Law for the protection of cultural monuments (monument protection law) in the version of September 5, 1986 (GVBl. I 1986, 262, section no.: 76-4), last amended by Art. 1 of the law of June 10, 2011

Mecklenburg-Western Pomerania:
Monument Protection Act (DSchG M-V) in the version published on January 6, 1998 (GVOBl. M-V p. 12, Section No.: 224-2), last amended by Article 9 of the law of July 20, 2006

Lower Saxony:
Lower Saxony Monument Protection Act (NDSchG) of May 30, 1978 (Nds. GVBl. p. 517), last amended by law of November 11, 2004 (Nds. GVBl. p. 415; source: item no.: 2251001), last changed by Article 1 of the law amending the Lower Saxony Monument Protection Act of May 26, 2011

North Rhine-Westphalia:
Law on the protection and care of monuments in the state of North Rhine-Westphalia (Monument Protection Act - DSchG) of March 11, 1980, last amended by the 1st amendment of July 16, 2013

Rhineland-Palatinate:
State law for the protection and care of cultural monuments (monument protection law - DSchG -) of March 23, 1978 (source: GVBl 1978, p. 159, item no. 224-2), last amended by the second state law to change the monument protection and Care Act of November 26, 2008

Saarland:
Saarland Monument Protection Act (SDSchG) (Article 1 of Law No. 1554 on the reorganization of Saarland monument law) of May 19, 2004 (Official Gazette 2004, 1498), last amended by Article 2 of the law of June 17, 2009 (Official Gazette, p. 1374) - Item No.: 224-5

Saxony:
Law for the protection and maintenance of cultural monuments in the Free State of Saxony (Saxon Monument Protection Law - SächsDSchG) of March 3, 1993 (SächsGVBl. p. 229, section no.: 46-1), last amended by Article 6 of the Law on Reorganization Statement of the Saxon administration (Saxon Administrative Reorganization Act - SächsVwNG) of January 29, 2008 (SächsGVBl. p. 138, 146), legally corrected as of January 1, 2009

Saxony-Anhalt:
Monument Protection Act of the State of Saxony-Anhalt of October 21, 1991 (GVBl.LSA p. 368; Section No: 2242.1), last amended by Article 2 of the Third Investment Facilitation Act of December 20, 2005

Schleswig-Holstein:
Law for the Protection of Monuments (Monument Protection Law) of December 30, 2014

Thuringia:
Thuringian law for the care and protection of cultural monuments (Thuringian Monument Protection Act - ThürDSchG -) in the version published on April 14, 2004 (GVBl 2004, 465, section no.: 224-1) last amended by Article 4 of the law of December 20, 2007

 RATIFIED INTERNATIONAL CONVENTIONS

  • Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention 1954)
  • Hague Protocol 1954
  • Hague Protocol 1999
  • Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970
  • Convention Concerning the Protection of the World Cultural and National Heritage 1972
  • Convention for the Safeguarding of the Intangible Cultural Heritage 2003
  • Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005
  • Convention for Protection of Architectural Heritage 1985 (Granada Convention)
  • European Convention on the Protection of the Archaeological Heritage 1992 (Valetta Convention)

Last modified: Monday, 23 October 2023, 4:24 PM