Monument protection; application for the transfer of ownership of an archaeological find to the municipality

Archaeological finds in Bavaria generally belong to the Free State of Bavaria. The municipality where the find is located can apply for the transfer of ownership to the Bavarian State Office for the Preservation of Monuments.

Due to the so-called "treasure register", archaeological finds in Bavaria generally belong to the Free State of Bavaria as soon as they are discovered. At the request of the respective municipality of the discovery site, ownership of archaeological finds can be transferred from the Free State of Bavaria to the municipality.

In this case, the municipality is not entitled to compensation under Art. 9 Para. 2 of the Bavarian Monument Protection Act or a reward under Art. 9 Para. 3 of the Bavarian Monument Protection Act.

Some municipalities have concluded a framework agreement with the Bavarian State Office for the Preservation of Monuments or a district on the whereabouts of archaeological finds, which leads to a simplified collective procedure for the transfer of ownership. If the municipality is covered by such a framework agreement, no separate application needs to be made.

• The following documents may be required:
  • If the find is to be stored in an institution that is not already recognized as a suitable institution by the Bavarian State Office for the Preservation of Monuments, suitable supporting documents should also be submitted: Proof of the professionally staffed institution
  • Only required for applications submitted as a representative under civil law: Power of attorney

• A ground monument or part thereof has become the property of the Free State of Bavaria on the basis of Art. 9 Para. 1 Sentence 1 of the Bavarian Monument Protection Act.
• The professional archiving and storage of all finds from an excavation (not just individual finds) by a professionally staffed institution (for example, if there is a municipal or district archaeology department or a municipal museum) is guaranteed.
• The Bavarian State Office for Monument Preservation makes a discretionary decision in accordance with its duties ("shall" regulation).

Administrative court action

The application must be submitted electronically to the Bavarian State Office for Monument Preservation using the online procedure provided.

The Bavarian State Office for Monument Preservation checks the requirements.

The Bavarian State Office for the Preservation of Monuments then decides on the application by issuing a decision.

The find was made in the territory of the Free State of Bavaria since July 1, 2023 and is therefore subject to the so-called "Schatzregal".

Otherwise, there are no special deadlines to be observed.

As a rule, a processing time of two weeks to three months can be expected. This depends on the feasibility of the professional archiving and storage of the finds from the respective excavation.

none