The Legal Situation of the Owners of Historic Buildings in Germany

In this paper firstly an overview of the most relevant features of the German legislation on the protection of historic buildings is given. The federal state does not have the legal responsibility for the protection of ancient monuments, but the individual states of the federation. Consequently 16 different laws concerning the protection of historic buildings exist. They are principally based on two systems. The system mostly applied in the 16 German states is the ipso jure-system (e.g. Baden-Wurttemberg, Bavaria, Hesse, Schleswig-Holstein). Here the law (ipso jure) represents the basis on which it is decided whether a property is considered as a historic building. In some other states the constitutive principle is applied (North Rhine-Westphalia, Schleswig-Holstein). In these states a properties becomes an historic building when it is recorded in the list of ancient monuments. The recording in the list is of constitutive relevance and legalises the administrative act. In the following historic buildings in Germany are examined. The owners of historic buildings have various obligations. These obligations are far reaching concerning preservation and maintenance. Here the owner is obliged to take all reasonable measures. Time and again courts must decide what is considered as reasonable. In addition numerous restrictions exist concerning the use, alterations or the demolition. All things considered it can be concluded that the authority of the owner is strongly regulated. In addition recently tax advantages as the possibilities for additional capital allowance were reduced representing a further disadvantage for the owners.