In North Rhine-Westphalia, the Monument Protection Act was amended in 2022 – against massive opposition from experts and the public. One of the main points of criticism was that it was no longer the monument protection experts who decided whether and how a building worthy of protection should be protected, but employees of the municipalities. Around two years after this decision, Dr. Andrea Pufke from the LVR Office for the Preservation of Monuments gives us an assessment.
The aim of the new Monument Protection Act is for local authorities to make decisions on issues relating to the protection of historical monuments largely without the specialist authorities, although many lower monument authorities, especially in smaller municipalities, are not in a position to do so in terms of personnel and expertise. The new NRW Monument Protection Act thus worsens the situation for monuments and their owners. The highly competent heritage offices of the landscape associations are only involved in decisions on how to deal with a monument to a limited extent, as part of a hearing. Their specialist expertise carries less weight in planning decisions and is often neglected when advising owners. Technical arguments for strategies for dealing with monuments, which often also help to save costs, therefore play a lesser role. These are gateways for political and extraneous interests.
Monuments are ultimately less well protected under the new law. The repression of the independent monument authorities is also reflected in the newly introduced regulation for the lower monument authorities, which have adequate technical and personnel resources: They can apply to the Ministry of Homeland, Municipal Affairs, Building and Digitization to be assigned the tasks of a specialist heritage office.
The law also promotes a “two-tier society” in monument preservation, as ground monuments are given preferential treatment. According to the new law, the decision on the protection of ground monuments lies solely with the specialist offices for ground monument preservation of the landscape associations; these are also more intensively involved in a professional exchange when making decisions on alteration measures within the framework of the consultation regulation that still exists here. There are therefore confusingly different procedures for architectural and archaeological monuments.
Another new feature is the introduction of irrelevant “concerns relating to housing construction, climate, the use of renewable energies and accessibility” (Section 9 (3) sentence 2 DSchG NRW), which must be given appropriate consideration when making decisions. Furthermore, special roles were created for churches and other religious communities and official structures and procedures were made more complicated. A state monument prize was included in the law, as well as further regulations for a state monument council. Voluntary work in monument protection, on the other hand, has been weakened by the abolition of expert citizens, while UNESCO World Heritage has been introduced in a separate paragraph.
The problem with the old law was the lack of practical implementation. Even in the past, many lower heritage authorities, especially in smaller municipalities, were not adequately staffed or equipped to carry out their role as a decision-making authority. In some cases, the cities and municipalities have clerks with no special knowledge of architecture or monument preservation for the complex and technically demanding administrative procedures. Some of them only have a tenth of their working time to deal with the large field of monument preservation. The same problem is faced by many higher monument authorities in the districts, who should actually be supervising the lower authorities but are unable to do so for various reasons. In many cases, there are major problems with the administrative procedures alone, which are not mastered.
The last evaluation of the old law also explicitly pointed out these weaknesses in the system. However, the new Heritage Protection Act has not remedied the shortcomings that have been known for years, but has merely shifted them to another level by introducing very complicated options for inter-municipal cooperation – which have not been used to date.
I am also critical of the introduction of extraneous issues. After all, the aim of a monument protection law should be to protect monuments and not, for example, the climate. Apart from the fact that monument conservation per se also contributes to climate protection, it was overlooked that even under the old law, other public interests always came into play in all decisions and had to be weighed up. By explicitly mentioning them in the Monument Protection Act, these interests, which are irrelevant to monument protection, now come into focus and are often misinterpreted to mean that they should take precedence over the interests of monument protection. This weakens the protection of monuments. I also find it particularly difficult that churches and other religious communities are being granted special rights as a single group of owners. They can refuse access to their churches and thus prevent a professional assessment of whether the building is possibly a monument. They also have the option of appealing directly to the ministry for a decision if the lower monument authority wants to enter a church on the list of monuments or refuse to grant permission for a measure. The new regulation leads to unequal treatment of monument owners.
To a large extent, yes, because the improvements in the enforcement of monument protection announced by the state government have not materialized. There has still been no change in the staffing situation and professional qualifications in many lower (and higher) monument authorities. To date, the Ministry has also failed to assess the technical and personnel resources of the Lower Monument Authorities, with the result that many of the newly introduced paragraphs aimed at improving the performance of tasks by the Lower Monument Authorities have not yet been applied. The ministry is aware of the persistent deficiencies in enforcement, but has not taken any supervisory action to remedy the situation. As a result, monument owners in individual municipalities receive varying degrees of advice or, in some cases, no advice at all because the lower monument authorities do not take action.
As expected, the explicit naming of irrelevant issues in the Monument Protection Act has a strong impact on monuments, particularly when it comes to the use of renewable energy. However, the trend towards imposing maximum energy requirements on historical heritage without exception can also be attributed to the energy crisis resulting from the Russian war of aggression against Ukraine. In addition, the tightening of federal regulations such as those in the Energy Saving Act (EEG) is contributing to the fact that, despite the anchoring of monument protection in the state constitution of NRW, the concerns of climate protection and energy saving are increasingly being given greater weight.
We have not yet been able to gain any experience with the special regulations for churches and other religious communities, as these have not yet been applied by the churches. It is really disappointing that a State Monument Council has not yet been set up, which we specialist offices have also longed for as a meaningful body and which, already enshrined in the old law, has been a long time coming since 1980. And even the State Monument Prize, such an important instrument of appreciation for committed monument owners, planners and volunteers, has been put on ice, despite the fact that it was used to promote the new law alongside the monument funding, which has since decreased again.
The monument authorities in NRW are located in the 396 towns and municipalities. The landscape associations assume the functions of advisory and expert monument authorities. The Landschaftsverband Rheinland and the Landschaftsverband Westfalen-Lippe have their historical roots in the provincial estates and the provincial administration of the 19th century. They acquired their current form in 1953 when the NRW state parliament passed the Regional Association Ordinance, thus establishing the Rhineland and Westphalia-Lippe Regional Associations. One of the tasks of the Landschaftsverbands is described in the Landschaftsverbandsordnung as the preservation of landscape culture, which includes the preservation of monuments. With the enactment of the first Monument Protection Act in North Rhine-Westphalia in 1980, the landscape associations were therefore also assigned the tasks of specialist offices for the preservation of architectural monuments and archaeological monuments.
The City of Cologne is an exception only in the area of the preservation of archaeological monuments. The Romano-Germanic Museum is both a specialist office and a lower monument authority. Under the Prussian Excavation Act of 1914 and the Excavation Regulations of 1920, the Cologne Museum was assigned the position of state representative for archaeological sites in the city of Cologne. This role of the City of Cologne in the area of the preservation of archaeological monuments was continued with the 1980 Monument Protection Act. The NRW special solutions therefore have a lot to do with the state’s own tradition.
According to information from the then Ministry of Urban Development and Transport of the State of North Rhine-Westphalia, the late timing of the Monument Protection Act was “due to the fact that in a highly industrialized and densely populated living space, major conflicts are associated with the preservation of evidence of earlier building and settlement eras and these should be placed on a legally secure procedural basis.” (Denkmalschutz und Denkmalpflege in Nordrhein-Westfalen, published by the Ministry for Urban Development and Transport of the State of North Rhine-Westphalia, Report 1980-1990, 3/91, p. 7).
No. Bavaria has never had the strictest monument protection law in the Federal Republic of Germany, for example because certain changes to monuments would not have been allowed or similar. Rather, it is comparable to all other monument protection laws in the federal states, which are all more or less similar. In Bavaria, too, the lower monument protection authorities (in the districts) are responsible for monument protection decisions and the Bavarian State Office for the Preservation of Monuments is involved in an advisory capacity – as in NRW.
In contrast to North Rhine-Westphalia, however, the specialist office enjoys a high reputation in the municipalities and districts, so that the specialist expertise is more explicitly desired and in demand there and recommendations are also implemented. But our Bavarian colleagues are also struggling. If you look at the amended Bavarian Monument Protection Act of July 1, 2023, extraneous issues (use of renewable energies on monuments, wind turbines in the vicinity of particularly landscape-defining monuments and accessibility) have also been included here.
We are currently discussing the major challenge of adapting monuments to climate protection in order to respond to the climate and energy crisis with renewable energies or energy optimization measures. The constant task of developing new and sustainable concepts for the use of monuments to prevent them from becoming vacant or even being demolished is also intrinsic to monument preservation. This is because monuments have always been and still are exposed to dangers, from neglected care or environmental influences to a lack of interest or purely economic considerations about their use. However, in times when culture is generally considered to be less important and therefore less financially supported in the face of various crises, some of which are life-threatening, the greatest challenge in my view is to actively maintain public awareness of the added value of monument protection and preservation for society, as well as monument preservation as a task for society as a whole.
The greatest challenge is also the greatest opportunity. Monuments are impressive in their appearance and impact, they shape our towns, cities and landscapes, they are part of our identity and home and often anchor points in our living environment. We cannot avoid monuments, we experience them every day, often unconsciously, and we feel comfortable in their surroundings. With their stability, they give us orientation in a time of uncertainty and crisis. And finally, monuments are also well equipped to deal with current issues such as climate protection, they conserve resources thanks to their reparability and can be a model for tomorrow’s building today.
It is therefore worth taking care of monuments or a good climate for monument protection and preservation. And beyond the few cases reported critically in the press, in which monument preservation is often portrayed as a stumbling block to development with a negative image, it is above all the monument owners and volunteers who take care of their monument with great passion and skill, with money and know-how; quite silently, simply because they appreciate the value of their monument for themselves and society. It is precisely here, with committed people, that the greatest opportunities for our monuments lie. As a specialist office, we are happy to provide advice and support.
Read more: Prof. Mathias Pfeil on monument preservation and restoration science.












