In the following text we will try to give an overview of frequently asked questions regarding planned construction projects in compliance with the preservation of historical sites in Bavaria. Please note, however, that all the information provided here is for informational purposes only and NO LEGAL VALIDITY can be derived from it, and furthermore makes no claim of being entirely complete. Only our empirical values are being presented. For legal advice in this area, we refer you to the Bavarian State Office (Landesamt) for historical preservation, or the Lower Cultural Heritage Protection authority (Untere Denkmalschutzbehörde) responsible for your location. Please also note that cultural heritage protection regulations vary between the different federal states (Bundesländer).
Does an archaeological company have to be hired for every construction project?
No, this is only the case when your construction project is in an area of a registered or assumed ground monument. If this site could be affected or destroyed by the ground intervention the Lower Cultural Heritage Protection Authority will assign an archaeological investigation or supervision (see BayDSchG., Art.7,1).
What do the terms monument and ground monument mean?
In general: monuments are man-made things or parts of them from a former time, of which the preservation is in the general interest of the public due to their historical, artistic, urban, scientific or ethnological significance.
The Bavarian Cultural Heritage Protection Act defines the term ground monument as follows:
“Ground monuments are movable and immovable remains that are or were in the ground and usually come from prehistoric or early historic times.” (our translation)
(See BayDSchG., Art.1, 1;4; http://www.gesetze-bayern.de/Content/Document/BayDSchG-1)
What are the legal grounds?
According to the Bavarian Cultural Heritage Protection Act Art. 7-9; Ground interventions in registered ground monuments require a permit. Building in such areas is therefore only possible with a permit under the cultural heritage law, which can be issued by the Lower Cultural Heritage Protection Authority. Without such a permit, no ground intervention may take place – and with it, it may only be carried out under the professional supervision of a qualified archaeological company, which takes care of the documentation of the ground monuments on site. This documentation will then replace the ground monument that was completely or partially destroyed by the intervention. Failing to comply with these regulations is considered an administrative offence and can be punished with 6-digit fines.
Who do I contact to find out if my construction project could affect a ground monument?
When examining your construction application, the specified land lot will be compared with the list of registered ground monuments, and, if they match, the construction project will be reviewed by the Lower Cultural Heritage Protection Authority. Building in suspected areas or in areas close to ground monuments can under certain circumstances lead to additional fees.
The construction company can in advance do their own research and either learn about the exact situation from a competent authority or find out whether the construction project affects areas that are under protection online via the Bavarian Cultural Heritage Atlas. It should be noted however that there can be ground monuments which are not listed there. Also, the commissioned architects or engineers should serve as contacts here. Information about the Cultural Heritage Atlas can be found under the following link: http://geoportal.bayern.de/bayernatlas-klassik/Be5Mi2AqIEElVYq24g-FdILuNmZ4u_Badzx4TSGO5045NZ3pRiOXnkZPp-kYNLZH9qWQbaca2kj07suvYa02Hwdx1uAf8Dj_MnJSrLlzR05AZOuRo4xMORIneCSSkpFd8nhEsj_eLjY/Be571/Be571/Be571
What am I responsible for as a developer if my building project is commissioned? Who pays for the archaeological investigation?
Developers must first obtain an excavation permit or seek permission under the cultural heritage law. In this case, as the so-called initiator, you also must bear the financial burden of the excavation that takes place. The developer is also responsible for that the rules surrounding the permission, according to the cultural heritage law, are followed. The archaeologists working on site must be able to document the finds.
What impairments do I as the developer have to expect if my building project is subject to cultural heritage law?
Due to the protection of the ground monuments, it is important to include this when planning the construction project. The State Office for the Preservation of Cultural Heritage advises the client, e. g. also regarding the possibilities of preserving the monument in question as much as possible. Normally, with the involvement of an archaeological company, the developer will have to expect that the processes on the construction site will be adapted to this cooperation. The demands of the specialized authorities, the fulfillment of which must be made possible by the developer, may lead to procedures that differ from “normal” construction work or additional time requirements. Taking these facts into account at the planning stage can save everyone involved from conflicts and frustration.
How long do archaeological investigations take as part of a construction project?
People used to say, “nobody can look into the ground”. Nowadays we are very well able to do this, but even with ground penetrating imaging methods it is not possible to make a reliable statement about the complexity and duration of a subsequent excavation.
This depends on the size of the building area, the density and quality of the features, the depth at which the finds are made, the weather and other factors. In principle, we carry out every excavation as efficiently as possible regarding time and cost.
Who can give me an estimation of the upcoming additional costs? Are there any grants I can apply for?
Professional advice concerning this can be obtained from the specialist authorities. They also provide information about options for financial relief or indirect grants.
How can I picture the work of an archaeological company on site?
The implementation of an archaeological construction supervision, rescue excavation or excavation is carried out according to strictly defined guidelines. Normally, the actual excavation follows a previous topsoil removal, which takes place under supervision and through which the area is searched for archaeological features. The following work is to document the features that have been found – and for this purpose various methods such as drawing and measuring as well as describing and photographing are used. Ideally, all the features can be documented to their maximum extent in depth; here the employees of the archaeological company are working by hand. After the archaeological field work has been completed, the property developer can use the area for further construction work with the permission of the State Office for Preservation of Cultural Heritage. In the case of archaeological construction supervision, the documentation work of the archaeological company is usually done on an ongoing basis together with the work of the construction company and takes place at the same time as the construction work.
How is the ownership of any finds regulated?
The corresponding regulation for this can be found in § 984 of the German Civil Code (BGB). The property owner has full rights to the recovered finds. However, according to Art. 9 BayDSchG, the State Office for Preservation of Cultural Heritage has the right to lease the finds for a limited period of time. Therefore, after the finds have been cleaned, preserved, dated, packaged and catalogued by us, they are first sent to the responsible State Office for Preservation of Cultural Heritage for recording and analysis.
Links for further information:
http://www.blfd.bayern.de/
http://www.gesetze-bayern.de/Content/Document/BayDSchG
http://geoportal.bayern.de/bayernatlas-klassik/Be5Mi2AqIEElVYq24g-FdILuNmZ4u_Badzx4TSGO5045NZ3pRiOXnkZPp-kYNLZH9qWQbaca2kj07suvYa02Hwdx1uAf8Dj_MnJSrLlzR05AZOuRo4xMORIneCSSkpFd8nhEsj_eLjY/Be571/Be571/Be571