Comparison
Monument protection across Germany compared
How do monument lists, protection effects and Schatzregal rules differ across Germany's sixteen states?
On this page
The short answer for buyers
Monument protection in Germany is not one uniform register with identical legal effect. Each state decides in its state law which monuments are recorded, when entry creates protection and which authority decides on alterations. A purchase plot therefore requires a distinction between a visible list entry, the legal status of the monument and possible archaeological finds.
The table shows the state-law basics for Baudenkmal, a listed building or structure, Bodendenkmal, an archaeological monument, and Schatzregal, the state ownership rule for certain finds. It does not replace information for a specific parcel: a register may be incomplete, an ensemble may cover several plots and a planned project may need approval outside a listed individual monument.
- Constitutive or declaratory protection
- Who administers protection
- Why a list entry is not enough
- Building, renovating and excavating
- Sources and review date
Source: Monument protection acts of the 16 states, individually named in the comparison; checked August 2026
Constitutive or declaratory protection
In a constitutive system, protection generally starts through an administrative act or entry. In a declaratory system, the monument exists once the statutory criteria are met; the list makes protection discoverable but does not create it. This distinction matters at the time of purchase because a missing entry in a declaratory system is not reliable clearance.
Consider Schatzregal separately
Schatzregal answers an ownership question for certain finds, not whether a building is protected. Depending on state law, ownerless, long-hidden or scientifically important movable archaeological finds can become state property. The conditions appear in different rules, including § 12 BbgDSchG, § 18 DSchG NRW and § 17 ThürDSchG.
This matters to a buyer during earthworks. A contract clause about finds changes neither the statutory delivery duty nor the authority responsible for monuments. Before excavation, clarify whether an archaeological preliminary survey, a permit under § 9 or a notification under § 14 is required.
Who administers protection
Responsibilities are not distributed identically. The municipality or district often handles the practical permit decision, while a state office carries out inventory, specialist advice and academic assessment. In city-states, several functions sit in state or district offices. A searchable monument list therefore does not always identify the office deciding on windows, roofs, demolition or excavation.
A by-law can matter as well. Monument areas, preservation by-laws and development plans operate alongside the monument protection act. The file should contain the municipality, register extract and state-office information.
- Constitutive listProtection starts with the administrative act
- Declaratory listProtection can exist without a list entry
- Treasure-trove ruleOwnership of a find follows separate state law
Source: Monument protection acts of the 16 states, individually named in the comparison; checked August 2026
The sixteen state regimes
The following overview was generated from the state-specific datasets. Several variants in one row do not mean that every condition applies at the same time. The legal basis and state office show where review begins.
| State | Value | Legal basis | Source |
|---|---|---|---|
| Baden-Württemberg | Baudenkmal: declaratory The entry in the Denkmalliste is declarative; protection does not depend solely on registration. Bodendenkmal: declaratory Even for Bodendenkmale, the Denkmalliste is not the sole constitutive protection requirement. Schatzregal: State ownership where the statutory find conditions are met The state-law rules on finds and the Schatzregal must be checked independently of the mere entry on the list. | §§ 2, 12, 23 und 25 DSchG | Source Baden-Württemberg |
| Bavaria | Baudenkmal: declaratory The Denkmalliste is kept for information purposes; the status of a monument does not depend constitutively on the registration. Bodendenkmal: declaratory Bodendenkmäler are also recorded for information purposes; the list can be viewed by anyone. Schatzregal: movable, abandoned or no longer assignable Bodendenkmale become the property of the Free State under the legal requirements Art. 9 BayDSchG regulates the Schatzregal regardless of its entry in the Denkmalliste. | Art. 9 BayDSchG | Source Bavaria |
| Berlin | Baudenkmal: declaratory The status of a monument arises by law; the Denkmalliste is informational. Bodendenkmal: declaratory Bodendenkmale are also kept for information purposes in the Denkmalliste. Schatzregal: legal acquisition of ownership by the state under conditions The DSchG Bln contains a state law regulation on finds; Find and reporting duties must be checked independently of the list entry. | § 3 Abs. 2, § 23 Abs. 1 DSchG Bln | Source Berlin |
| Brandenburg | Baudenkmale: declaratory The Denkmalliste is informative; protection does not depend on registration. Bodendenkmale: declaratory Bodendenkmale are also subject to legal protection regardless of mere registration; Data relevant to protection can be excluded from publication. Schatzregal according to § 12 BbgDSchG: yes Certain abandoned or no longer assignable movable monuments and Bodendenkmale become the property of the state upon discovery. | § 12 BbgDSchG i.V.m. Änderungshistorie zu GVBl.I/04 Nr. 09 | Source Brandenburg |
| Bremen | Protection status: constitutive The protection arises through a decision from the monument authority; according to § 7 Absatz 4, entry into the Denkmalliste is only made for information purposes. Schatzregal: yes § 19 BremDSchG allows abandoned or long-hidden movable cultural monuments to become the property of the state upon discovery; the regulation has been in effect since the Denkmalschutzgesetz of May 27, 1975, and has been in force since June 12, 1975. | § 3 Abs. 2 BremDSchG (Bodendenkmäler); § 19 Denkmalschutzgesetz vom 27. Mai 1975, in Kraft ab 12.06.1975 (Vorgängernorm zu § 19 BremDSchG) | Source Bremen |
| Hamburg | Baudenkmal: declaratory § 4 Abs. 2 in conjunction with § 6 Abs. 1 Satz 3 DSchG: protection exists regardless of entry in the (informational) Denkmalliste. Bodendenkmal: declaratory § 4 Abs. 5 DSchG also falls under § 6 Abs. 1 DSchG (monuments within the meaning of § 4 Absätze 2 bis 5); however, Bodendenkmäler are not listed by name in the public Denkmalliste (data protection/fund protection). Movable monuments: constitutive § 4 Abs. 6 in conjunction with § 6 Abs. 4 DSchG: separate constitutive list of movable monuments; not part of this Baudenkmal/Bodendenkmal comparison. Schatzregal: Property of the Free and Hanseatic City of Hamburg § 17 Abs. 3 DSchG: Abandoned monuments long hidden in the ground become the property of the Free and Hanseatic City of Hamburg upon discovery. | § 4, § 6, § 17 DSchG | Source Hamburg |
| Hesse | Built monuments and Bodendenkmäler: informative Denkmalliste Monument status does not depend on registration; Built monuments and Bodendenkmale are researched in different specialist systems. Schatzregal: Schatzregal under state law The ownership consequences for abandoned or no longer assignable archaeological finds is based on the relevant regulations of the HDSchG. | § 25 HDSchG; HDSchG vom 28.11.2016, gültig ab 06.12.2016 | Source Hesse |
| Lower Saxony | Baudenkmal: declaratory Legal protection does not depend on registration; the entry is informational. Bodendenkmal: declaratory Bodendenkmale are also kept in the informational register; Protection follows from the legal requirements. Schatzregal: State of Lower Saxony § 18 DSchG orders the transfer of ownership of movable monuments to the state under the conditions stated there. | § 18 DSchG,NI; § 41 (Inkrafttreten) DSchG,NI vom 30.05.1978, Nds. GVBl. 1978, 517 | Source Lower Saxony |
| Mecklenburg-Western Pomerania | Baudenkmale: declaratory According to secondary sources from state parliament documents, a monument is subject to legal protection regardless of its entry in the Denkmalliste; the list has an informational effect. Bodendenkmale: declaratory The same secondary sources say this also applies to Bodendenkmale. Schatzregal according to § 13 DSchG M-V: yes Movable monuments that are abandoned or have been hidden for so long that their owner can no longer be identified become the property of the state upon discovery if they are discovered during government research or in protected excavation areas or have outstanding scientific value. | §§ 2, 5, 13 DSchG M-V | Source Mecklenburg-Western Pomerania |
| North Rhine-Westphalia | Baudenkmal: constitutive The protective effect generally occurs upon entry in the Denkmalliste, subject to provisional protection. Bodendenkmal: declaratory Protection does not depend on registration; the entry is for information purposes. Schatzregal: movable Bodendenkmäler and finds of particular scientific importance become state property in accordance with the legal requirements. The Schatzregal must be checked separately from the registration system; it applies to the finds mentioned in § 18 DSchG NRW. | § 18 DSchG NRW i.V.m. 1. ÄndG DSchG NRW (GV. NRW. 2013 S. 488) | Source North Rhine-Westphalia |
| Rhineland-Palatinate | Construction and Bodendenkmäler: informational Denkmalliste The protection arises from the legal requirements and not just from the registration; Archaeological finds can be listed separately. Schatzregal: Schatzregal according to § 22 DSchG In the case of abandoned or no longer assignable archaeological finds, the legal ownership consequences of the Monument Protection Act apply. | § 20 DSchG Rheinland-Pfalz | Source Rhineland-Palatinate |
| Saarland | Baudenkmäler: declaratory Baudenkmäler are directly protected by law according to § 3 Absatz 1 SDSchG. Entry in the Denkmalliste according to § 4 SDSchG is done for information purposes and does not justify the protection. The official information sheet for the state Denkmalliste says the same thing: even objects that are not listed can be monuments. Bodendenkmäler: declaratory Bodendenkmäler are included in the same list in § 3 Absatz 1 SDSchG and are therefore also protected by law; Here too, the list entry is informational. Movable cultural monuments: constitutive According to § 3 Absatz 2 SDSchG, movable cultural monuments are protected by an administrative act unless they belong to an institution under public law. Monument areas: constitutive. the Supreme Monument Authority protects monument areas in accordance with § 3 Absatz 3 SDSchG in consultation with the municipality through a legal ordinance with a map. Schatzregal: yes § 18 SDSchG: Finds that are abandoned or have been hidden for so long that the owner can no longer be identified become the property of the state upon discovery if they were discovered during government research, in excavation protection areas or during unauthorized excavations, or if they have scientific value. | § 3 Absätze 1 bis 3, § 4, § 18 und § 33 Absatz 2 SDSchG (Artikel 3 des Gesetzes Nr. 1946 vom 13. Juni 2018, Amtsbl. I S. 358) | Source Saarland |
| Saxony | Baudenkmale: declaratory The protection of monuments is linked to the legal elements; the Denkmalliste has a informational function. Bodendenkmale: declaratory Archaeological cultural monuments are recorded in accordance with the legal requirements; the registration does not establish the protection in the first place. Schatzregal: yes Saxony has a state law Schatzregal for certain archaeological finds. | §§ 2, 10 SächsDSchG | Source Saxony |
| Saxony-Anhalt | Baudenkmale: declaratory The protection follows from the legal requirements; the Denkmalliste (monument list) is informational and the entry does not justify the protection. Bodendenkmale: declaratory Archaeological cultural monuments are protected according to the legal characteristics; the informational entry is not a constitutive justification for protection. Monument areas: Declaratory Area-related cultural monuments are listed in the legal system and in the information directory. Schatzregal: yes § 12 DenkmSchG LSA orders the discovery of certain abandoned or long-hidden movable cultural monuments as property of the state. | § 12 DSchG ST (Schatzregal, Ablieferungspflicht) | Source Saxony-Anhalt |
| Schleswig-Holstein | Baudenkmal: declaratory Immovable cultural monuments are protected by law; the entry in the Denkmalliste is made by notification. Bodendenkmal: declaratory Even with archaeological monuments, protection does not depend on registration. Schatzregal: yes § 22 DSchG SH orders the transfer of ownership of movable cultural monuments to the state under the legal discovery requirements. | §§ 8 und 22 DSchG SH | Source Schleswig-Holstein |
| Thuringia | Baudenkmale: declaratory The protection of monuments is linked to the legal elements; Entry in the monument register does not constitute protection in the first place. Bodendenkmale: declaratory The protection of archaeological monuments does not constitutively depend on prior registration. Schatzregal: yes § 17 ThürDSchG establishes the state's ownership of certain archaeological finds under the legal requirements; the Schatzregal is independent of the entry. | §§ 4, 17 ThürDSchG | Source Thuringia |
Why a list entry is not enough
A list entry says little about the physical scope of the duty to preserve. Protection may cover the facade, volume, structure, interiors, open land or historic setting. The monument may affect only part of the plot, while a garden or former barn needs separate assessment.
Uncertainty is greater for Bodendenkmale. Mapping may show find sites only approximately, and new finds can trigger expert assessment. This matters for subdivisions, trenches, basements and large foundations. The monument and archaeology review should start before the purchase.
What the contract cannot change
An estate listing does not define the legal effect of protection. § 30 BauGB, § 34 BauGB and § 35 BauGB answer the planning-law question; they do not replace a monument-law review. A building permit and pre-application can help where the authority should assess a specific project in advance.
Building, renovating and excavating
Replacing windows, installing solar panels, insulating, extending a roof or adding a building can affect protected fabric or appearance. Whether a state building permit is enough, a monument permit is also needed or another approval applies depends on the location, protection category and project. § 8, § 9, § 10 and § 11 of the state acts are not used identically everywhere.
For earthworks, the distinction between Baudenkmal and Bodendenkmal is essential. A plot with no visible ruins can still be archaeologically relevant; building protection does not automatically create a Schatzregal. Where uncertain, ask the municipality to refer the matter to the responsible monument authority and state office.
Review before notarisation
Before the notary appointment, reconcile parcel and cadastral details, check the register and monument area, identify the authority, read earlier permits and compare the intended use with the protected features. For demolition or new construction, include the development plan, public-law building obligations, servicing and possible finds in the same decision file.
For cost planning, see land transfer tax by state. It is not a substitute for monument-law information.
Clarify monument protection in writing before buying. A GrundCheck report organises parcel data, register indications and visible public-law risks for the next review. Check a property.
Further context comes from setback rules by state, road development contributions by state and permit-free building by state.
Sort the approval routes before buying. The GrundCheck links plot data to the points that matter for the next question to an authority. Check a property.
Sources and review date
The federal planning framework includes § 30 BauGB, § 34 BauGB and § 35 BauGB. The Bundesamt für Naturschutz and Bundesanstalt für Geowissenschaften und Rohstoffe provide specialist information, but not a state-law decision.
State sources appear in the table. For a specific project, also ask the responsible monument authority, state office and municipality. § 433 BGB governs the purchase contract, but says nothing about public-law approval for renovation.
Stand: August 2026. This is general information and does not replace monument-law, building-law or notarial advice. Further reading: monument and archaeology, building permit and pre-application, zoning and buildability, land transfer tax by state, road development contributions by state, permit-free building by state and geoportals by state.