Protection and preservation of monuments and historic buildings
The city of Leipzig boasts an outstanding number of cultural monuments. The 'Department for the Preservation of Historic Monuments and Buildings' is the local authority responsible for the protection and preservation of cultural monuments within the district of Leipzig.
This local authority provides advice on this topic to owners, developers, craftsmen, architects and citizens and deals with any enquiries about the protection and preservation of historic monuments and buildings.
The protection of cultural monuments is approved in the Law and Ordinance Gazette of Saxony. All actions taken by the 'Department for the Preservation of Historic Monuments and Buildings' are based on the Saxon Monument Protection Act.
The department is divided into two areas of expertise. The area of expertise "Preservation of Historic Monuments and Buildings" answers queries regarding alterations to cultural monuments and is responsible for issuing the licensing permits and orders of listed buildings. The area of expertise "Tax subsidies / German Income Tax Act (EStG)" provides certificates for claiming tax concessions from the tax office in accordance with paragraphs 7 i, 10 f, 11 b und 10 g of the German Income Tax Act (EStG) and grants tax concessions for the preservation of historic monuments and buildings from the Free State of Saxony.
Cultural monuments
According to § 2 of the Saxon Monument Protection Act, cultural monuments are defined as manmade objects, entities, parts and traces of objects including their fundament, whose preservation are of public interest because of their historical, cultural, scientific, structural or landscape form.
The individual German State Departments of Heritage and Archaeology determine whether or not an object fulfils the criteria of a cultural monument. You can receive current information about whether or not a building or other objects are under a preservation order from the employees in the Department for the Preservation of Historic Monuments and Buildings in the Office for Building and Cultural Heritage.
List of cultural monuments
There are two different procedures for placing cultural monuments under legal protection in the German federal states: i) by preservation according to the law (otherwise known as the general clause principle) and ii) by placing an entry in the monument book for cultural monuments that stipulates rights (otherwise known as the entry principle). In the Free State of Saxony cultural monuments are protected according to the general clause principle. If an object fulfils the legal definition of a cultural monument, then it is automatically subject to the regulations of the Saxon Monument Protection Act and does not require any additional administrative procedure.
Under § 10 exp. 3 sentence 2 of the Saxon Monument Protection Act owners of cultural monuments have the right to have an object showing characteristics of being a cultural monument tested if it comes into question as a cultural monument, for the purpose of obtaining legal certainty. On request, the historical monuments protection authority has to approve a decision about its suitability as a cultural monument through an individual act.
The declaratory decision is associated with costs.
For a decision about the suitability as a cultural monument according to § 10 exp. 3 sentence 2 of the Saxon Monument Protection Act, an informal written application has to be made to the Leipzig Office for Building and Cultural Heritage in the Department for the Preservation of Historic Monuments and Buildings.
Authorisation permits and approval for listed buildings
Work that is carried out on or in a cultural monument requires an authorisation permit for listed buildings in accordance with § 12 exp. 1 of the Saxon Monument Protection Act. The obligation to obtain a permit also includes simple work that is carried out on a monument such as restoration or painting. Before the work commences, an informal written request is to be placed with the local authority responsible for the protection and preservation of cultural monuments. If the planned building project requires planning permission, then it does not require a separate application to the local authority responsible for the protection and preservation of cultural monuments. According to § 12 exp. 3 of the Saxon Monument Protection Act, the building application for planning permission includes an application for an approval to work on listed buildings. Within the framework of the planning permission procedure, the application is referred for approval to the local authority responsible for the protection and preservation of cultural monuments. This then becomes part of the planning permission.
Alterations to the surrounding area of a cultural monument
Even the surrounding area of a cultural monument, as long as it plays a significant role in the existence or appearance of a particular cultural monument, is subject to the Monument Protection Act. According to § 12 exp. 2 of the Saxon Monument Protection Act, construction work, alterations, disposal, building, gardening and landscaping in the surrounding area of a cultural monument (as long as it plays a significant role in the existence or appearance of a cultural monument) still require authorisation and approval to work on cultural monuments or planning permission.
Archaeology - mandatory approval for ground disturbance and land use changes
If excavation work, construction work or construction measures on water bodies are planned in areas of archaeological relevance or the land use of an area is altered where a cultural monument is known to exist, then an authorisation and approval to work on cultural monuments is required according to § 14 of the Saxon Monument Protection Act. This is to be requested informally in writing from the local authority for historic monuments protection.
According to § 14 exp. 2 of the Saxon Monument Protection Act, investigations (in particular excavations with the goal of discovering cultural monuments) require an authorisation from the responsible authority, the State Office for Archaeology, Dept. II - Archaeological Conservation and Cultural Heritage, Dr. Harald Stäuble, Zur Wetterwarte 7, 01109 Dresden, Tel: 0351 892-672, Fax: 0351 8926-999.